Sacked Allen to fight council

Reporter: RICHARD HOOTON
Date published: 19 October 2010


Tribunal lodged after ‘unfair dismissal’

THE Trading Standards boss sacked after the bungled Vance Miller trial is taking Oldham Council to an employment tribunal after losing his appeal.

Tony Allen says he has been cleared of any wrongdoing in the notorious fraud case — but has been dismissed for speaking to the media in the aftermath.

He has now lodged a case for unfair dismissal and a breach of human rights with an employment tribunal. The council has until mid-November to respond and if no settlement is made then a hearing is expected in the New Year.

It’s the latest twist in the disastrous £5million prosecution against the kitchens boss and three colleagues that backfired badly and left the council counting the costs.

Mr Allen — who has previously complained of being made a scapegoat and predicted it would end his career — appears to be the only casualty of the flawed case. The £57,000-a-year head of Oldham Trading Standards was suspended by the council in January when the prosecution against Mr Miller was thrown out of court after a 17-week trial.

Judge Jonathan Foster QC said it was “misconceived from the start” and “an abuse of the process of the court” and criticised Mr Allen for his role.

The authority appointed former Birmingham City Council chief executive Stewart Dobson to conduct an independent review.

This was split into two parts with the disciplinary procedure against Mr Allen forming the first and the result of an overall review of the case expected before the end of the month.

In February, Mr Allen sent a letter to the Chronicle defending his actions and criticising the barristers who presented the case and his own bosses.

He sought a judicial review of Judge Foster’s ruling but lost the High Court bid in May.

The Chronicle revealed in August that he had been sacked but could appeal.

Mr Allen (38), who had been at the council for six years, said: “I have been cleared of any misconduct or wrongdoing in connection to the handling of the Vance Miller case.

“They have decided to dismiss me with something that is not connected with that and was caused by their handling of the case. They are sticking with the fact that I defended my reputation in the media.

“They have acted in a way that means that although I have done nothing wrong at all, they have suppressed my right to be able to reply to the allegations made in the media. That’s a breach of my rights. Everyone has the right to reply but they are saying that I don’t.”

Council chief executive Charlie Parker confirmed an appeal hearing had been held.

He said: “The original decision was upheld in part, which means that the member of staff has now been confirmed as dismissed.

“No further comment can be made as the Dobson review into this and other related matters is set to conclude in late October.”