EXCLUSIVE: Council gag 31 Evanton jobless with secret s£ttlement

MFR News can exclusively reveal that 31-jobless Easter Ross workers met earlier to sign a secret settlement worth several thousand pounds each in compensation from Highland Council.

Lawyers acting on behalf of the local authority wrote to the ex-Munro's workers at the end of last week, after they were laid off by their Evanton-based employer a month ago.

It sparked an outcry from the local community and its elected representatives, who slammed the administration's so-called cost-cutting decision to ditch the local waste recycling company in favour of a French firm, with just two-hours' notice of the council contract changeover.

In a letter from Harper Macleod LLP, Associate Ewan Stafford explained to the affected workers: 'We understand that there is an outstanding dispute as to the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") and the subsequent transfer of your employment to Suez Recovery and Recycling & Recycling UK Limited.

'Notwithstanding the above matters our client has instructed us to write to you with an offer of settlement as detailed in the attached settlement agreement.'

An attached 16-page contract for each of the 31-jobless who've been without wages for a month asserts: 'The parties intend for this Agreement to be an effective waiver of any such claims and to satisfy the conditions relating to settlement agreements in the relevant legislation.'

The region's local government officials had been taking a beating on social media, as thousands of people watched MFR News videos posted to Twitter and Facebook, in which our reporter Bryan Rutherford was featured confronting Highland Council Leader Margaret Davidson, who's currently on her Christmas Holiday.

At the time, asked whether she would honour the unemployed group's pleas to meet with them, she responded: "I'm afraid I'm leaving for holiday on Saturday, so it won't be until after Christmas.

"They need to understand we haven't got a magic wand."

This morning a crowd gathered at Invergordon Leisure Centre at 11:15 where they were provided with translators and independent legal advisers - free of charge, but at cost to Highland tax-payers - to help them understand the proposal.

What's thought to be 13-weeks' pay - from an estimated pot of £100,000 or even more - also includes a gagging order preventing the ex-Munro's workers from saying or publishing anything 'derogatory' or 'disparaging' of the council or anyone who works for it, and SUEZ.

Highland Green MSP, John Finnie told MFR News: "They won’t be allowed to comment on either the council or its policies, along with anyone in any way connected with the local authority or indeed the French company, Suez, that were given the contract by the council.

"However, I am under no such obligation not to comment and will expect Highland Council to detail how we ended up at this point and the extent to which they are funding this deal.

"I would understand that the council would hope that involving lawyers and using gagging clauses on recipients of money may bring an end to this - it can't.

"My job as an elective representative is to understand entirely the basis of public expenditure - what's gone on in this instance.

"I've already asked questions, and I've had unsatisfactory replies.

"I’m sure that they didn’t factor paying several thousand pounds to 31-workers as a result of this botched episode.

"In addition to asking Highland Council for an explanation, I will be raising this case with Audit Scotland."

None of the 31-people being offered compensation gave an interview to MFR News after reading the settlement documentation received in the post, which threatened: 'You shall not disclose to, or discuss with, any reporter, author, producer or similar representative of the media: any information about SUEZ, or Highland Council or any of their respective employees, directors, members, officers, agents, shareholders, or clients...In the event that you breach any of those terms...you shall repay the Compensation Payment.'

Anonymous MFR News sources assisted our newsroom in obtaining the specific details of the gagging order worth several thousands of pounds to each of the 31-Easter Ross residents.

Our reporter Bryan Rutherford added: "Although it's a semi-happy ending for these jobless Easter Ross folk, who should have cash in the bank on or by December 22nd - just days before Christmas - they're very likely to be starting 2018 without a job to go to.

"And it's debatable whether Highland Council seemingly spending up to £100,000 or even more on this no longer secret settlement will even buy the local authority any good publicity.

"It appears that the administration's used lawyers in an attempt to put a stop to any further negative media coverage, although the organisation's already facing being reported to the public spending watchdog.

"So as for drawing a line under this Easter Ross saga, apart from giving up to 31-families a better Christmas than expected, it remains unclear what this pay-out's actually achieved."

HOW STRICT IS THE GAG ORDER?

'You shall not (directly or indirectly) disclose to any person, firm, company, organisation or other entity...the circumstances and discussions leading to the termination of the Employment...

You shall not (directly or indirectly) make or publish:

• any disparaging or untrue comments or statements (written or oral) about [SUEZ] or [HIGHLAND COUNCIL] or any of their respective employees, directors, officers, agents or clients; nor

• any comments or statements likely to bring [SUEZ], [HIGHLAND COUNCIL] or any of their respective employees, directors, officers, agents or clients into disrepute or likely to damage their reputation.

You shall not (directly or indirectly) disclose to, or discuss with, any reporter, author, producer or similar representative of the media:

• any information about [SUEZ], or [HIGHLAND COUNCIL] or any of their respective employees, directors, members, officers, agents, shareholders, or clients (in each case past and present)...

In the event that you breach any of those terms, and without prejudice to any other remedies that SUEZ and HIGHLAND COUNCIL may have, you agree that:

• you shall repay the Compensation Payment on demand by [SUEZ], or [HIGHLAND COUNCIL] whether pursuant to this Agreement or otherwise, shall cease with immediate effect and [SUEZ], and [HIGHLAND COUNCIL] shall immediately be released from any continuing obligations under this Agreement.'

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