THE former depute head of a school attached to a secure unit for vulnerable young people at the centre of allegations of sexual, physical and emotional abuse, has won his unfair dismissal claim.
An employment tribunal ruled Glasgow City Council had not carried out sufficient investigation into allegations of "gross misconduct" when they took the decision to sack Chris Johnson, 54, in July 2005.
The dismissal was related to alleged manage
ment failings and there was no suggestion he had taken part in any alleged abuses of young people in his care, the tribunal was told.
In its written judgment, the tribunal criticised John Legg, a former social work manager, who, after hearing evidence for three days, took just half an hour to decide Mr Johnson should be dismissed from his post at Kerelaw School in Ayrshire.
They said Mr Johnson of Portencross, Ayrshire, had not been given enough time to prepare his defence and that allegations concerning a variety of failings had not been specific.
The tribunal also noted that Mr Johnson's computer hard drive had been wiped clean and his laptop lost, but there was no evidence to show whether that had happened before or after he was denied access to them.
In 2006, two men were found guilty of physically and sexually abusing children in their care at Kerelaw. Matthew George, 56, an art teacher, was jailed for ten years at the High Court in Edinburgh for a "horrifying catalogue" of offences.
John Muldoon, 53, a residential care worker, was sentenced to two and a half years in jail.
Problems at the unit came to light in April 2004, when the Care Commission produced a critical report and Glasgow City Council was alerted to abuse claims. The school and the secure unit were subsequently closed.
Giving evidence at the tribunal hearing, which took place in October 2007 and January this year, Mr Legg suggested that the former depute head had effectively condoned Mr Muldoon's behaviour following complaints of bullying and "rag dolling" – meaning youngsters had been manhandled like a rag doll.
Mr Legg stated that children at Kerelaw had complained of arm twisting and being dragged up the stairs.
Before Mr Johnson's dismissal, he said, absconding from Kerelaw was "through the roof", and staff and children were being hurt during violent incidents, with as many as six members of staff involved in restraints.
The tribunal heard of claims that young people were "dragged about in common dining areas in front of managers".
But the tribunal said that at the disciplinary hearing, Mr Legg had rejected evidence from Mr Johnson which showed that, rather than condoning Muldoon's practices, he had concerns about them and had taken action to address those concerns by suspending the care worker.
Mr Johnson is seeking compensation for his unfair dismissal and a further tribunal hearing will be held to consider the question of compensation.
Glasgow City Council claims that the former depute head was partly responsible for his dismissal and believes any compensation award should reflect that.
