Sacked probation officer Anthony Robinson wins tribunal

Jul 29 2010 by Brian Daniel, The Journal

A PROBATION officer who was sacked after an offender shirked her community service has won his claim for unfair dismissal.

Anthony Robinson, who was dismissed by Northumbria Probation Trust after Caroline Kerr, of Shilbottle, Northumberland, failed to carry out her community service while under his supervision, has won his claim following an employment tribunal.

Alexandra Lindsay, a second probation officer also dismissed over the case, has dropped four claims against the trust, which were due to be heard at a tribunal beginning next week.

Kerr was spared jail and given the community service after swindling her then husband John Temple out of £25,000.

However, the two officers and Kerr were arrested and a trust investigation launched after it emerged she had not been doing the community service while under their supervision.

At Mr Robinson’s tribunal, held in Newcastle earlier this year, the trust stated Kerr had admitted failing to carry out any of the 150 hours she was sentenced to.

Miss Lindsay was living on the same street as Kerr at the time, Percy Road, and Mr Robinson’s tribunal heard they were close friends.

No charges were brought by the Crown Prosecution Service against any of the trio, although Kerr’s order was revoked and she was brought back to court and re-sentenced, receiving a conditional discharge. The two officers were sacked.

At Mr Robinson’s tribunal, the trust claimed Miss Lindsay and Mr Robinson had “colluded” in falsifying timesheets to make it look as if Kerr was doing community service when she was not.

Neither officer reported to their bosses that Kerr and Miss Lindsay were friends, it added.

However, although admitting filling in one timesheet wrongly, Mr Robinson insisted he knew nothing about Kerr not doing her hours.

At the tribunal he said: “My dismissal has devastated me as I have given so much for the probation service and they have turned round and blamed me for someone else’s mistake.”

The Journal has now been told Mr Robinson’s claim was upheld by the tribunal panel.

However, the former officer was said to have “contributed to his own dismissal significantly,” according to the trust.

Mr Robinson and the trust agreed on a settlement with assistance from the Advisory, Conciliation and Arbitration Service, which has been described as “modest”.

A statement from the trust said: “Mr Robinson’s dismissal was the result of an extensive disciplinary investigation into record keeping.

“While an employment tribunal has upheld Mr Robinson’s claim, it also ruled he contributed to his own dismissal significantly.

“A modest settlement has been agreed.”

Mr Robinson could not be contacted for comment at the time of going to press.

Last night, Antoine Tinnion, who represented him at the tribunal, said he was “pleased” his client’s claim had been successful.

Miss Lindsay had lodged four claims against the trust following her sacking, including unfair dismissal, sex discrimination, and public interest disclosure, which gives employment rights to whistleblowers who have spoken out about concerns in their workplace.

A tribunal had been listed to start on Monday, but The Journal has been told the claims have been withdrawn.

The trust would not comment on the dropping of her claims.

Miss Lindsay could not be contacted for comment at the time of going to press.

Last night, Kerr’s ex-husband Mr Temple, 38, a father-of-two who lives at Reighamsyde in Alnwick, said he was pleased Miss Lindsay had dropped her claims.

And he voiced anger at the fact his ex-wife had been allowed not to do any of her community service. “It’s just the fact they are letting criminals not do their hours. The law is an ass. It’s disgusting.”