WATCH: 4-jobless Evanton workers still to sign secret settlement

Gagging order rewards silence with several thousands pounds.

Author: Bryan RutherfordPublished 20th Dec 2017
Last updated 20th Dec 2017

"All 31-employees affected have been offered compensation payments and the council understands that 27 of these individuals will be paid in full before this weekend" STEVE BARRON, HIGHLAND COUNCIL CHIEF EXEC

As many as four-jobless Evanton workers may miss out on getting their compensation payments before Christmas, but 27 of the ex-Munro's workers will have their money by the weekend.

On Monday MFR News revealed the details of a secret settlement worth several thousand pounds each for the displaced waste recycling staff.

It came after Highland Council ditched a local firm in favour of French firm SUEZ, which then refused to take on the affected workforce - in a legal dispute.

That sparked enormous pressure on and bad publicly of the local authority, followed by an offer of cash with a very strict and elaborate gagging order to put a stop to any further criticism.

Since then 27-people have signed up to it, and lawyers for the administration are trying to contact the remaining four.

Our reporter Bryan Rutherford said: "There's no mention in this press release from the council over whether lessons have been learned about the handling of contract changes, and no mention over whether this package seemingly costing up to or even more than £100,000 is costing the taxpayer, or whether the French multinational is absorbing the cost.

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

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.

Chief Executive of The Highland Council, Steve Barron commented, in a press release: "The council is continuing to do all it can to support employees who lost their jobs following the change in contract for the processing of recycled waste.

"All 31-employees affected have been offered compensation payments and the council understands that 27 of these individuals will be paid in full before this weekend.

"Efforts will continue to contact the remaining four-employees.

"Employees were provided with independent legal advice and PACE information, which offers guidance for those facing redundancy.

"I understand that a number of those affected have already found alternative employment."

The press release also claimed: 'Using a Scotland Excel procurement framework, the council placed its contract for recycling waste by direct award with Suez, with effect from 19th November, at much lower cost than alternatives and therefore providing significantly better value for money for Highland taxpayers.'

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.

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