Employment tribunal finds 'remarkable racial divide' at Camden Town Hall as long-serving employee wins discrimination case
Published: 14 February, 2013
by TOM FOOT
A LONG-standing council employee has won an undisclosed payout from the Town Hall after an employment tribunal upheld claims that managers routinely hired staff based on the colour of their skin.
Council chiefs said last night the case of Fraser Valdez was “obviously worrying” and promised to review hiring practices.
Tribunal judge Anthony Snelson released his damning judgment on Friday following a hearing into a claim of direct race discrimination held over seven days at Victory House in Holborn in November.
He said evidence from a “whistleblower” had exposed a “remarkable racial divide” at the heart of the Town Hall.
Mr Valdez, who is mixed race, was supported by lawyers paid for by the GMB union. They argued that he was treated less favourably on grounds of his race after he was asked to apply for a job following a reorganisation of the culture and environment department.
The 31-year-old was the outright winner in the contest for a senior role, but his managers awarded the job to a white colleague who had scored less than him.
The judgment said there was compelling evidence that the department had been “segregated” on racial lines.
A panel of “uniformly white decision-makers” had hired “uniformly white” candidates for one team. It added that a “family tree of the directorate showed 31 senior managers of whom only one is, conspicuously, a member of an ethnic minority group”.
Mr Snelson said council evidence countering Mr Valdez’s claim of direct racial discrimination was “flawed, contradictory and false”.
He ruled that the Town Hall had broken the European Human Rights Court Code of Practice on Employment (2011).
In conclusion, Mr Snelson said: “We have been troubled by the way the respondents managed the reorganisation and the selection exercises. We sincerely hope the parties will work hard to settle what is left in this dispute.”
Mr Valdez had worked for Camden Council for 15 years and was consistently a high achiever, according to the GMB. Senior organiser Tony Warr said: “Mr Valdez’s foresight in being a GMB member enabled the case to be brought and won. Anyone who does not have the protection of being a GMB member is unlikely to afford a lengthy legal case even where they know they are in the right.”
Mr Valdez’s solicitor, Chris MacNaughton, said: “This is an important case and a striking reminder that racial discrimination is unfortunately still present, not only in the modern day but amidst a modern employer.
“Direct discrimination is rarely blatant. The advantage my client had was that a whistleblower was able to help tip the balance by revealing striking documents that supported racial bias having an influence over a supposedly transparent restructure exercise.”
Speaking after the seven-day hearing, Mr Valdez said: “I always suspected that foul play occurred during the recruitment and selection process. All I wanted was equality of opportunity during the process, free from any racial prejudice.”
Councillor Theo Blackwell, Cabinet member for finance and human resources, said: “The results of this tribunal are obviously worrying. I have asked the chief executive to urgently review the case and to take any necessary action to address the findings of the tribunal.
“Camden has a sound track record of delivering organisational change and has always strived to be a leader in tackling discrimination. I want to assure residents and staff that the tribunal findings are highly unusual. I hope that by taking appropriate action we can demonstrate our continued commitment to being an excellent employer.”
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Criminal Conduct of Camen Council
The Police and the Courts have not done enough to punish Theo Blackwell and Mike Cooke of Camden Council. These two Camden workers should be and must be removed from Camden Council as a matter of urgency.
Camden Racial discrimination
As a councillor in Camden, I contacted the council leader to address inequality issues in Camden, she duly responded and set up an Inequslity taskforce needless to say there are no African, Carribean nor Chinese residents co-opted to this taskforce.
When the Valdez decision was made I was the first councillor to respond in very strong terms to both the council leader and chief executive.
What is of concern is that after the internal review, the council still just does not get it. You cannot investgate yourself and be truly impartial. A practice the IT noted was the "fixing" of record keeping. That practice is being papered over by this internal review.
I also challenged the labour administration that it should DO so much better as in Camden in the last 30 years they have not been able to have African, Carribean nor Chinese residents fit to be candidates as councillors.
All political parties should do better and see that racism is pernicious it demoralises hard working loyal very well qualified workforce in their workforce.
The BME councillors in the opposition parties have been vociferous and calling on the chief executive to be accountable following the recent racial discrimination findings.
Inaction speaks volumes
How long does it take for the council to do something decisive about this racism? They have had the full judgement for months. The lack of action is sending a message to residents that Mike Cooke and Rachel Stoppard are not only indifferent to this issue but actually advocate what went on. What other conclusion can be reached? The manager/s responsible for manipulating the score cards of the white candidate should be sacked at once, how on earth they can continue managing staff in this department when all respect and trust has been destroyed. They have been found out. This is a direct message to Mike Cooke: The residents of Camden are watching all this; the action taken (or lack of) regarding this racial discrimination could have irrevocable consequences for Camden Councils reputation.
Camden resident NW1
camden council are racist
why the silence from the town hall over the Fraser Valdez discriminaion case? come on Camden, sack all of the people responsible without any pay offs please and let the CNJ run the story. You may just reclaim some credibility.....you just might. Camden used to be a place of tolerance where we felt discrimination did not exist. not anymore unfortunately, not anymore.
Town Hall race discrimination of Fraser Valdez
Thank goodness for whistle blower's. The determination of Mr Fraser Valdez to take a grievance against the Camden Council, and to follow it up by going to an Employment Tribunal was extremely brave. Mr Valdez must have suffered immense mental torture in his journey to the Employment Tribunal, and having to work within such an environment whilst awaiting the cases hearing is more than most people could have managed. We understand that it is necessary for local government to have to undergo re-organisations of its work forces, but council tax payers do not expect authorities to be operating colour bar strategies in this day and age. Before Street Environment's re-organisation there were Black and Asian Managers in the service. It seems strange that although there was a procedure to ring fence and interview all the staff for jobs within the new structure, many of whom must have had extensive knowledge, Mr Valdez was racially discriminated against. Those in Senior Management who carried out the interviews obviously thought they would get away with their malpractices and appoint who they fancied, rather than appoint a person who scored highest at interview. Mr Valdez highlighted the bad practice by going to the Employment Tribunal, but how many other candidates had their low scores improved and got jobs, although they were not the highest scoring candidate for the post. Camden Council needs to do a thorough investigation into the whole affair and sack those who are highlighted by the tribunals judgement. The investigation needs to be undertaken by an independent person, as we have to remember that Camden will have carried out an investigation when Mr Valdez submitted his grievance. Camden obviously did not find the grievance to be valid, and that is why it should be an independent investigation and it should look into the way all of the interviews were carried out.
Camden Council should be ashamed of themselves to be found guilty of racial discrimination in 2012. Once more thank goodness for the Whistle Blower!
Racism at the highest levels at Camden Council
This is a grotesque abuse of power and waste of taxpayers’ money by very highly paid, arrogant managers and if they have all kept their jobs following these findings, then I would suspect racism at Camden runs much deeper than what has been made public.
And considering I recently read Councillor Eslamdoust’s concerns about race discrimination at Members Services Camden’s logo should read ‘Not an Equal Opportunities Employer’
Katey P
Letter to the Councillors
Dear councillor's
After reading Mr Valdez's race discrimination case I am utterly appalled, I am a an employee at Camden council, (head of service) and have read the full judgement which is even more disturbing, I believe the management team involved in the recruitment process should be dismissed immediately, I've seen employees dismissed for less, this behaviour doesn't happen in all departments.
I would like to you to look at this case closely and think about the consequences this may have if all the culprits are not dismissed for Gross misconduct.
How will these managers who interviewed Mr Valdez ever going to manage again? The same management team involved in the recruitment process are still employed by Camden Council which is unreal.
I would like you to take immediate action regarding this case.
Councillors you have the power to take action and a strong message has to be sent to all other management who intend to discriminate against a colleague for any reason.
This could be the 1st case of many.
Yours sincerely
Paul
make an example of those responsible
The lack of opportunity for minority staff at Camden is frightening. I had to leave due to the blatant lack of equality which was so difficult to prove. Yet within a year of leaving Camden I earnt opportunities for growth and career progression I didnt know existed and my career is where it should be because of hard work, and not being the 'right' skin tone like this lucky white employee.. Camden Council is racist. Now a judge has shown that to be a fact, let those responsible pay a suitable price. I'm sorry to say that from the sound of the judge's comments, that price is dismissal.
Racism at the highest levels at Camden Council
Hail the whistleblower as a hero!
If it was not for the honesty and integrity of the whistleblower the discrimination by these Camden managers would never have been discovered.
"Only one out of 31 senior managers from an ethnic minority''. What a bloody disgrace!
Camden council's representative says "the tribunal findings are highly unusual". Racial discrimination at Camden council obviously isn't ''highly unusual'' judging by the figures, otherwise there would more ethnic minorities in senior positions.
It looks like Camden council has an unofficial policy of 'racial divide and rule'. The people that gave the senior job to a white employee who scored less than Fraser Valdez during this reorganisation of the culture and environment department are not fit to be managers and they have brought the council into disrepute.
Councillor Mariam Eslamdoust seems to be the only Councillor that gives a damn about inequality at Camden council. Why aren't other elected Councillors standing up against racism at Camden council?
Camden council cannot keep on allowing racial discrimination by their inaction. It's almost as if Camden council advocates racism by failing to do anything. What is going to happen to these managers? A warning letter is not adequate action. I am really disappointed with Camden council about this case.
I feel so strongly about equality that I am seriously considering writing to the BBC.
Anon
Only one out of 31 senior managers from an ethnic minority
Thank you to the Camden New Journal for making the Fraser Valdez case front page news which has highlighted racial discrimination and racial divisions at Camden Council.
Racial Divide?
The only way that Camden Council can put this right is to carry out a disciplinary investigation into why senior managers in the culture and environment department did not investigate these claims when the "whistle blower" sent them the evidence of racism. Questions need to be asked and if they did nothing with this evidence then this must be viewed as collusion at the highes level and they should be dismissed without any pay off. Furthermore, the panel that interviewed Mr Fraser should also be dismissed. Finally, all those that lied and were found to be trying to cover up at the employment tribunal should also be disciplined. Maybe then the electorate in camden will begin to believe that the Council are not racist.
Remarkable Racial Divide at Camden Council
Mr Valdez has proven that racisim exists within the Culture and Environment Department of Camden Council. The whistleblower should be commended for coming forward but more worringly, this same whistleblower sent evidence to the heads of the department - Rachel Stopard and Sam Monck - who did nothing with it. That would suggest that the racisim comes from the very top. I would call upon the leader of the Council and the Chief Executive to ask for the resignation of both of these senior people and also that of the interview panel who colluded.
Nothing else will prove that Camden Council are serious about tackling these very serious issues. They should hang their heads in shame for their non action so far.
Remarkable Racial Divide
I love the line ‘Direct discrimination is rarely blatant’. Yes that is a fact and was so when I was employed at Camden; impossible to prove but I knew I was being set up, targeted for removal, and I saw that the vast majority of black workers were being excised.
Rather disturbingly the efficiency savings exercises were a camouflage for ridding the department of black staff in an effort to re-shape the workforce. Black staff that remained occupied the lowest graded jobs. None of the experienced senior black staff were successful in re-applying for their jobs and were replaced with very less experienced younger white staff. It was so obvious to see. I am pleased for the remaining ethnic staff that now their managers have been caught it ought to be a lot more difficult for them to continue with these practices.
What is to become of those responsible for blatantly breaking these laws? I would imagine Camden will do all in their power to avoid further exposure surrounding their intolerance of ethnic minority workers so thank you CNJ for telling it like it is.
And Camden suggests the findings are highly unusual. Yes it is highly unusual to have a whistle blower come forward in such circumstances and put his/her neck on the line. Not unusual though that an ethnic member of staff lost his job at Camden in such a sinister fashion; there were many others that had no whistleblower. Good luck to Mr Valdez (and to the whistleblower – possibly also excised)!
camden racial discrimination
Well done Mr Valdez - you have succeeded where others may have feared to tread - challenging the establishment!
I hope that Camden doesn't lose sight of its further responsibility to you in dealing with those who broke the rules and discriminated against you.
The managers need to be punished for what they did and I hope it isn't just swept under the carpet. Learning and healing must come after discipline in this case otherwise you may have gone through all of this for nothing.
I also hope that you aren't being managed by those highlighted in the ET judgement - if you are - this is complete lunacy!
Come on Camden - do the right thing and get rid of them.
This can't be real
The culprits have to be sacked, it's the only way forward.
Mark
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