Legal challenge dropped by former Somerset council director
Clare Pestell - now Clare Parker - left SSDC in 2021 following an investigation which concluded she had breached the council’s code of conduct - something she 'consistently denied'
A former council director from Somerset who was dismissed from her post has dropped her legal challenge against her former employer.
Clare Pestell – now Clare Parker – joined South Somerset District Council in 2012, eventually becoming its director of commercial and income generation and was at one point in line to become its new interim chief executive.
She left the council in late 2021 following an independent investigation which concluded she had breached the council’s code of conduct by failing to declare council staff and resources had been used on her land.
Ms Parker – who has “consistently denied” these allegations – had been due to appear at an employment tribunal against the council in Exeter next week.
However, the council confirmed on Wednesday evening (February 1) that Ms Parker had withdrawn from the tribunal.
It adds that steps had been taken since her departure to ensure similar breaches of the code of conduct would not occur during the remainder of the council’s lifespan.
An independent investigation into Ms Parker’s conduct was carried out by external investigator Richard Penn, following a letter from an anonymous whistle blower in April 2021.
He concluded in a confidential report, seen by the Local Democracy Reporting Service, that Ms Parker had breached the council’s code of conduct numerous times, identifying several occasions where she used council employees to carry out work at Melbury Vale Winery near Shaftesbury, and recommended she should be subject to a disciplinary hearing for gross misconduct.
She failed to declare that council staff had been used (on council time) to build glamping pods, strim grass, lay turf outside her cottage and – on one occasion in February 2020 – remove a dead pig from her land, his report found.
Ms Parker “consistently denied” all the allegations made against her during Mr Penn’s investigation, and left the council in October 2021.
Avon and Somerset Constabulary confirmed in April 2022 that she would face no further action from them, stating that the evidence against her “did not meet the evidential threshold” for a formal prosecution.
In a joint statement released on Wednesday evening (February 1), council leader Val Keitch and chief executive Jane Portman confirmed that the employment tribunal would no longer be going ahead.
They said: “In 2021, the council was made aware of allegations that one of its directors had committed multiple potential breaches of the code of conduct and other council policies.
“As a result, that director, Clare Parker (formerly Pestell), was dismissed following an independent investigation and thorough disciplinary process.
“Ms Parker issued employment tribunal proceedings against the council, which were due to be heard in Exeter next week. We have now been informed that Ms Parker has withdrawn her claim.
“While we welcome this development, we are disappointed that we did not have the opportunity to defend the claim; we had a strong case which we believed we would win.
“We can confirm that there has been no financial settlement and our view remains that this claim was entirely without merit. We are continuing to consider our legal options with regard to costs.”
The South West Audit Partnership (SWAP) made a number of recommendations to the council in late January surrounding the code of conduct and the actions of its employees, including those working in the Lufton depot.
These include mandatory code of conduct training for all staff, an internal review process for any procurement purchases of £25,000 or more, and tighter controls on staff leaving their work vehicles at home.
A total of 12 staff currently have provision within their contracts which allow them to take work vehicles home and store them there overnight; however, these are currently being reviewed with trade unions and the individuals concerned, with any resolution expected by the end of March.
Mses Keitch and Portman stated: “We have taken a range of actions to ensure breaches such as this are highly unlikely to ever happen again.
“Thankfully, incidents such as this are extremely rare. We have always taken all allegations of misconduct and gross misconduct very seriously, so that we protect our residents, our partners and our staff.
“The actions of Ms Parker are in no way representative of the council and its hard-working staff, who remain steadfastly committed to delivering the best outcomes for South Somerset.
“They have our thanks and our admiration for their dedication to ensuring high quality services are provided for residents for the remaining lifetime of the council, and we know they will continue to do so as we look towards the creation of Somerset Council in April.”