Outspoken former librarian loses unfair dismissal case after Wigan Council sacking

Maureen O’Bern, who worked at Leigh Library, was dismissed without notice after a disciplinary hearing found her actions constituted gross misconduct.

The 60-year-old from Scholes, who has since been elected as an independent councillor to the local authority that ditched her, criticised the council online over the involvement of Chinese state-owned firm BCEGI UK in the redevelopment of The Galleries.

The council also accused her of engaging in an aggressive confrontation with a woman online, calling her a “fascist” and a “racist paedophile apologist,” although she argued she had been provoked and that the conversation had been a personal one.

Breaking its silence for the first time since Coun O’Bern was suspended in June 2021, the council welcomed the verdicts and that employment judge Helen Cookson had highlighted that the then librarian’s breaches of internal policy and procedure had been repeated, escalated over time and “deliberately provocative.”

It also said the tribunal had concluded that she had provided “inaccurate information in the public domain, public criticism of her employer and the use of wholly inappropriate language on social media.”

Coun O’Bern said previously that she had expected to be dismissed but felt the involvement of BCEGI UK in The Galleries scheme was ethically wrong and she felt compelled to speak out as a Roman Catholic.

The industrial tribunal took place in Manchester at which Coun O’Bern claimed both unfair dismissal and victimisation for her religious beliefs.

But after deliberation, Judge Cookson found in Wigan Council’s favour on both counts.

A council spokesperson said: “We welcome the unanimous judgement of the independent Employment Tribunal which is part of His Majesty’s Courts and Tribunals Service.

“The dismissal of Mrs O’Bern was in relation to repeated breaches of Wigan Council’s Employee Code of Conduct, expected behaviours and other employment policies.

“The dismissal came following a thorough investigation and a fair disciplinary process during which Mrs O’Bern was warned on a number of occasions regarding breaches of internal policy and procedure. These warnings were repeatedly ignored.

“As highlighted by the Employment Judge, the conduct of Mrs O’Bern was repeated, escalated over time and was ‘deliberately provocative’. Within their decision the Panel commented that they had not found her evidence credible.

“Mrs O’Bern’s conduct included providing inaccurate information in the public domain, public criticism of her employer and the use of wholly inappropriate language on social media.

“This also included making extremely serious and unfounded allegations towards a member of the public, described by the panel as an ‘extremely hostile accusation’, all while being identifiable as an employee of Wigan Council.

“To ensure a fair and confidential investigation and disciplinary process could take place, Wigan Council has not previously made public comment and so the opportunity to show our robust and fair policies, procedures and decision-making during the tribunal has been welcomed.“The comments that Mrs O’Bern made on social media and in the press, both during and after the disciplinary process, do not accurately reflect the issues that were dealt with in the case.

“To suggest that the council’s actions were an attempt to prevent an employee from being free to hold or express religious or philosophical beliefs is untrue and a misrepresentation of the facts of the case.

“The Tribunal Panel found there was no breach of the employee’s right to free speech and the council’s actions were fair and reasonable given the circumstances.

“Wigan Council values the opinions of its workforce and will continue to encourage constructive feedback voiced in an appropriate manner.”

Coun O’Bern said: “Sadly the tribunal did not find in my favour.

"I may have been found legally wrong but still think I was morally right.

"I brought attention to human rights abuses in China and the hypocrisy of doing deals with them whilst purporting to be an ethical local authority.

"The whole issue also highlighted the dangers in general of Chinese investment in our country and infrastructure.

"I have realised it is impossible to be an employee of Wigan Council and publicly criticise them, whatever they do.

"I brought the case to tribunal as I wanted employees to be able to speak out without fear of losing their jobs.

"I was unsuccessful in this.

"However the fact I got voted in as a councillor last May, with more votes than the Leader of the Council, reassures me that most people agreed with my stance.

"I hope to continue serving the people in Ince and Scholes Ward and thank them for their support.

"I also intend standing in the next General Election as an Independent candidate.”

In unfair dismissal cases, it is up to the council to prove that it is within its rights to sack someone. Coun O’Bern sought to claim it had not carried out a fair process and had overstepped its remit by preventing her free speech.

But the tribunal concluded the council had observed a fair procedure and that as a public authority serving the community, it was legitimate for restrictions to be placed on staff, such as those in the Employee Code of Conduct and Social Media Policy, in order to protect its reputation and the rights of others while maintaining the confidence of the local community in the authority. As a result there had been no breach of Coun O’Bern’s rights that would render the dismissal unfair.

In order to show she had been victimised, Coun O’Bern needed to establish that her suspension, disciplinary and dismissal were due to “protected acts:” in other words, actions she had taken to assert her rights under the Equality Act.

The tribunal did not accept she had established this and therefore could not have been victimised on the basis of her religious belief.

BCEGI UK, whose involvement in Galleries25 is now over, is involved in a number of other North West projects including the redevelopment of Bolton's Crompton Place Shopping Centre, the Airport City project in Manchester and Middlewood Locks in Salford.

The company says it pays taxes and reinvests all of its profits in the UK.

Organisations – including local authorities – which put out work to tender are obliged by the Government’s public procurement policy to choose partners based on the “over-riding requirement” of value for money.

Had Wigan Council opted for another partner when BCEGI offered the best value among the candidates, there would have been serious legal and financial ramifications for the town hall.