Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

MoJA Government department has been ordered to pay a former senior civil servant almost £150,000 after it failed to comply with an Employment Tribunal’s ruling that he should be found another job in the Government.

The Treasury department has been ordered to pay David Owen, the former head of the national insurance policy unit in the department, £142,000 after the Treasury failed to re-employ him after being ordered to do so by an Employment Tribunal in 2012.

Mr Owen brought an Employment Tribunal claim for unfair dismissal and dismissal due to protected disclosure against the Treasury after he was dismissed in 2011. Mr Owen alleged that he had been dismissed because he had attempted to include details of a tax break for small business in his proposals – a policy which was not popular with senior colleagues and was “killed off” by them. Mr Owen had spotted that the detail of the tax break had been removed from the amended document and raised this with his senior colleagues, causing “red faces and ruffled feathers”. Mr Owen was later dismissed for, the Treasury claimed, unrelated matters. He subsequently brought a claim for unfair dismissal against the Treasury, claiming that he had been unfairly dismissed and that he had been dismissed for the principal reason that he had made protected disclosures (also known as “whistleblowing”).

The Employment Tribunal found in Mr Owen’s favour in 2012 in his claim for unfair dismissal and dismissal due to protected disclosure. The Tribunal ruled that Mr Owen’s dismissal was “seriously flawed in a number of important respects” and commented that the Treasury “did not act reasonably”. The Employment Tribunal ordered the Treasury to re-employ Mr Owen within the Treasury but had failed to comply with this Order, leading to a further Employment Tribunal hearing earlier this year. At this hearing the Treasury was heavily criticised by the Employment Tribunal for failing to comply with the Tribunal’s Order and, further, failing to provide any reasons for having complied with the Order. The Tribunal ordered the Treasury to pay £142,000 to Mr Owen as compensation for his claims.

It has also emerged that the Treasury has spent up to £500,000 defending Mr Owen’s Employment Tribunal claims.

Mr Owen commented on the most recent Employment Tribunal judgment: “It’s good it’s been confirmed I deserve my job back but the simple, just course would have been to take me back without a long, costly process. I’m shocked that a government department is refusing to do as British justice has ordered. It feels wrong that I’m faced with a huge legal bill when how I was treated was so flawed that my dismissal was bound to be found unfair.”

A Treasury spokeswoman declined to discuss Owen’s case. “We do not comment on individual employment matters. This matter is still the subject of an appeals process,” she said

Chris Hadrill, an employment solicitor at Redmans Solicitors, commented on the case: “Employers – whether large or small – should take care to ensure that they treat employees fairly when making a decision whether to dismiss that person from their job or not, and must also take care to follow a fair procedure. A failure to do so can lead to extremely expensive and time-consuming Employment Tribunal litigation.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.77 Average

    210 Reviews

    Cristina G

    Very professional and reliable. Timely answers, clear and to the point. Always looking for the best for their customers.

    Posted 10 hours ago

    Rob T

    Very professional and on target - highly recommended.

    Posted 3 days ago

    Anonymous

    Very efficient service and knowledgeable solicitors.

    Posted 3 days ago

    Anonymous

    Excellent response time from first contact. Quick and easy completion of documents required. Fast response to any queries I made.

    Posted 3 days ago

    Anonymous

    Redmans Solicitors did a great job and were very professional at all times. Would definitely recommend.

    Posted 2 weeks ago

    Gary P

    All good advice, prompt and efficient

    Posted 1 month ago

    Anonymous

    Excellent advice and customer service.

    Posted 3 months ago

    Aneet G

    I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

    Posted 3 months ago

    Fern M

    Very efficient and friendly

    Posted 3 months ago

    Neville S

    A professional and friendly service, which I would highly recommend.

    Posted 3 months ago

    Daniel T

    Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

    Posted 3 months ago

    Paul T

    Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

    Posted 3 months ago

    Marina E

    Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

    Posted 3 months ago

    Rosa B

    Fabulous service all round.

    Posted 3 months ago

    Anonymous

    Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

    Posted 3 months ago

    Alkhas K

    Excellent service.

    Posted 3 months ago

    Mathias G

    Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

    Posted 4 months ago

    Mark W

    Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

    Posted 5 months ago

    Anonymous

    Posted 5 months ago

    submit

    I am very glad I came across Redmans Solicitors. Fantastic service!

    Posted 5 months ago

    Anonymous

    Fantastic communication, always happy to answer queries, highly recommended.

    Posted 5 months ago