Employment case finds dismissal of housing officer was ‘unfair’ and ‘racially motivated’
Aldwyck loses race tribunal
Aldwyck Housing Association has been told its dismissal of a housing officer was unfair and an act of race discrimination, after losing an employment tribunal.
The Bedfordshire-based association, which houses more than 20,000 people, learned it had lost the tribunal last week. In a reserved judgement, seen by Inside Housing, the tribunal said the actions taken by Aldwyck against Errol Curniffe had been ‘grossly unfair’.
‘The conclusion we reach is that an employee of a different race or ethnic origin from the claimant would not have been treated as he was during the disciplinary process and would not have been dismissed as he was,’ the judgement states.
Mr Curniffe, who is a black British man, started work for Aldwyck on 17 December 2001 and had an ‘unblemished record’ until 2008, the judgement reports.
But from the beginning of 2007 the size of Mr Curniffe’s patch increased and the number of homes he was responsible for was ‘60 per cent higher than the average patch’, the judgement states.
Mr Curniffe told managers he was concerned about his workload.
In February 2008, four months after an appraisal which rated him ‘good effective’, Mr Curniffe was threatened with disciplinary action by his direct manager after concerns were raised about his performance. Further concerns were raised during the course of 2008 and he was given a final written warning, following a disciplinary hearing, in July.
Another disciplinary procedure was launched in August culminating in a hearing in December, after which Mr Curniffe was dismissed.
Aldwyck’s director of corporate services, Simon Evans-Evans, said that because there had been a previous final written warning he considered the dismissal ‘automatic’, the judgement says.
But in two previous dismissal cases involving white employees there had been a further hearing before dismissals, the judgement states.
Aldwyck’s then chief executive Neil Hadden, who has since taken over as chief executive at Genesis Housing Group, said he thought allegations made by Mr Curniffe, including those involving race, were ‘frivolous, vexatious and completely unfounded’, the judgement reports.
But the judgement finds that Aldwyck’s ‘own records indicate disproportionate disciplinary action by dismissal against black staff’.
In 2008 11 members of staff were dismissed - six of them were black, three white and two refused to give their ethnicity. On 17 April this year three other black Aldwyck employees presented a grievance alleging race discrimination, it states.
Aldwyck’s interim chief executive Harj Singh, who took up the post on 1 October this year, said it recognised ‘the seriousness of the findings set down in the tribunal’s decision’ and had launched an independent review of its procedures. ‘At this stage, we are still considering our right to appeal against the decision and remain in discussions with our legal advisors.’
Mr Hadden was unavailable for comment.
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Readers' comments (66)
An ex Aldwyck employee | 30/10/2009 9:28 am
I worked for Aldwyck HA for several years under a different executive management team & there were no race issues during this time . I am so sorry to hear what has happened over the past few years, I have heard from other current Aldwyck employees that there are indeed race issues within the organsation & in this case it has been blatantly so. Excellent news for Errol, he is an excellent housing officer & has been treated very badly by Aldwyck.
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JM | 30/10/2009 9:54 am
The tribunal result is excellent news. Organisations that allow or turn a blind eye to racist practices and beliefs WILL be found out. The days of affected staff keeping quiet are over and I have nothing but the utmost respect for Mr Curniffe for taking a stand and fighting back.
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kass | 30/10/2009 1:06 pm
Do you think anyone will be sacked for being racist in his case? Or prosecuted by the police for the crime of racism?...
I do not think so, so where is justice?
Of course now the cost of this trial will not be paid by the racists themselves, but it will be conveniently paid by their tenants, taking money away from their services, etc. adding offense to injury.... We are far away from any justice.
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Jillian | 30/10/2009 3:32 pm
good news for Mr Curniffe for standing up for himself
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Times Are A Changing | 30/10/2009 6:01 pm
I have followed this case closely as friend connected to Aldwyck. I am astonished and proud of this gentleman who made a stand - and was prepared to be counted. I have no legal background or training, but from the information provided relating to this case prior to the outcome it was clear to me that Aldwyck were bang out of order - their arrogance demonstrated this as they were the only ones who couldn't see it. How they have the nerve to consider an appeal is yet another statement of their arrogance - if they do I hope the payout is doubled. Do the decent thing Aldwyck, say sorry to this man and others you have treated similarly and ensure this never happends again. To do that cleanse the organisation of Racists.
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alexandra | 30/10/2009 6:02 pm
Alwyck is one of those companies that expect you to bend over backwards!
They do not appreciate their staff and the managers tend to treat them in an unfair way and make them feel useless. It has got some spiteful and lazy people there as well who keep getting away with it. They have made so many people redundant, wanting those who are there to do more that they can. I have lost a lot of respect for this company.
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Aldwyck Escapee | 30/10/2009 6:18 pm
As a former employee of Aldwyck I am pleased to see that Errol has stood his ground and fought for his rights. The Organisation in my opinion was very badly run with decisions being made without due thought, and in many cases senior management condoning bad decisions simply to support other mangers to the detriment of the organisation.
Front line staff were/are treated indifferently and their views knowledge and experience totally disregarded.
The oppourtunites for promotion were based solely on if your face fits and not your skills or abilities.
The Management structure has changed since I terminated my employmnet, and I can only hope that things improve not just for the employees, but also in the level of service provided to the residents in the properties that Aldwyck owns and/or manages.
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Celebrate Good Times | 30/10/2009 7:29 pm
Excellent news, this was an obvious outcome, pity the big wigs at Aldwyck were the only ones who couldn't see it. Now the people I know that have left for similar reasons can feel at peace that the issues that arose for them were not just their paranoia. PULL YOUR SOCKS UP ALDWYCK - you have lost credibility.
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Current Aldwyck employee | 30/10/2009 10:58 pm
This is the best possible news. I am a white employee and have worked for this organisation for a number of years. Following the racial comments made at the staff conference in Nov 2008, and the suspension and eventual sacking of Errol this is the best result. Some of These so called managers need to suffer the same fate as some of the previous black employees they have already sacked. Currently, they still have another black housing officer who has been on suspension for the past year or so, I wonder what they plan to do with him. I would never have thought this type of behaviour still exist in this day an age, but it obviously does. This is a big wake up call for Aldwyck and I sincerely hope that they take heed and do not attempt to cover things up. Good luck to Errol, and I hope the housing officer still on suspension gets some sort of justice, because he is one of the nicest guys I've come across.
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Davi | 30/10/2009 11:08 pm
I wonder why Mr Hadden was unavailable for comment. I think he owes Mr Curnliffe an apology!!!
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