GMB union secretary faces fresh legal battle; In the first major
Stephen NaysmithROBERT Thomson, former regional secretary of the GMB Scotland, plans to sue his successor, Robert Parker, who resigned in disgrace last week after the union settled a bullying case against him for (pounds) 50,000.
Thomson is furious at Parker's repeated claims that his predecessor conspired with other union activists to undermine him.
The GMB last week said it regretted the circumstances of the Mary Senior case and would introduce new policies on bullying by senior officials.
Senior, the union's former media and equality officer, had claimed Parker victimised her because she was supporting a separate tribunal case brought by his former personal assistant, Margaret McAvoy.
During the Senior case, Parker alleged that Thomson, McAvoy's father-in-law, had been involved with other former union members in a conspiracy to undermine him, which had involved leaking confidential documents to the press and lobbying for an inquiry into his activities.
Parker repeated his claims this weekend, as he absorbed the impact of the union's decision that it could no longer fight the Senior case and awaited the outcome of deliberations in relation to McAvoy's case against him. The GMB is expected to settle that case within a week, in an attempt to draw a line under the affair.
However, Margaret Thomson, who resigned her union membership over her daughter-in-law's treatment, and gave evidence against Parker, said his claims of a conspiracy were fantasy and libellous.
"Nobody plotted against him. We certainly were not happy about what happened to our daughter-in-law, but we consider these allegations defamatory. We've taken legal advice and intend to pursue it."
The GMB accepted Parker's resignation and agreed to pay him a year's salary "on compassionate grounds", as he is married with young children. Thomson said McAvoy now wanted the GMB to end her ordeal. "Margaret is delighted for Mary Senior, who stood up bravely for her principles. But where is the compassion for Margaret? She is the initial victim and has two young children. She's never had as much as a phone call from the GMB."
Privately, leading figures in the union acknowledge that they cannot continue to fight McAvoy's claim. One lawyer connected with the cases said: "The GMB have settled the less serious of the two, but it would be absolute madness to continue to fight Margaret McAvoy now Parker has resigned. Effectively they have to settle."
"Margaret McAvoy has suffered very long-term, serious psychological problems. But she is now in the strongest hold-out position I've ever seen. She's going to get a wonderful settlement."
The GMB seemed destined to lose both tribunals, after allegations during Senior's hearings that Parker had attempted to interfere with witnesses. Fraser Adam, a union organiser in Aberdeen, testified that Parker had suggested he was having an affair, in a bid to persuade him out of giving evidence for Senior.
The GMB has confirmed it is now reviewing its position in the McAvoy case. Parker's former PA claims he fondled her breasts, forced her to touch his private parts and pestered her for sex.
A GMB spokesman said: "We are obviously going to have to discuss our position with the lawyers. We should know what the implications are within a week."
Any settlement in McAvoy's case is likely to dwarf that awarded to Senior, in recognition of the more serious nature of the allegations and impact on her life. She resigned after a nervous breakdown and suffers depression, anxiety and severe psychiatric problems.
But Parker remained defiant yesterday, insisting he was the innocent victim of a seven-year plot to undermine him.
In an extraordinary interview with the Sunday Herald, he refused to accept he had been in the wrong and said: "I'm leaving with my dignity intact. I haven't been found guilty of anything."
He said the plot to oust him had been carried out by former employees and expelled former union members. "This was about destroying Robert Parker, destroying Robert Parker's family and destroying Robert Parker's career," he said.
He expressed no concern for those whose lives and careers he is accused of blighting. Instead, he said he and his wife had suffered and even suggested that GMB general secretary John Edmonds had decided to settle the case on their account. Parker said: "He may have decided to settle because of the stress my family were under; he is very sympathetic. He is aware of the impact the tribunals have had on my health."
He added that he felt "pity" for his accusers. "I feel sorry for them - rather than devoting their energies to trying to bring about my demise, they could have directed them elsewhere."
The GMB has undertaken to introduce new policies on bullying and harassment at work in the wake of the Senior case. However, Parker called for more training and support for people in his position. As the youngest ever regional secretary of the GMB, he had made mistakes, he conceded.
"In hindsight, if I had the chance to do it all again, I would look at issues like training and advice in dealing with workplace stress and management issues.
"I don't feel betrayed by the union. But I hope it puts the necessary support mechanisms in place for whoever is appointed next regional secretary in Scotland. I could have had more support and training for personal development."
The nearest Parker came to acknowledging wrongdoing was in admitting he had used "industrial" language. He added: "I don't accept the issue about me being a bully. I've got a loud voice and I used the language of the shop floor. In certain circles I acknowledge that that is not acceptable. If I've offended anyone, I can only apologise."
Parker said he now wants to recuperate and look after his family. "I will always have the stigma of having been involved in this case," he said. "I want to continue to represent working-class people in a different field, and I am now drawing a line under this whole regrettable situation and trying to rebuild my reputation as a tough talker and a hard negotiator."
He said he had avoided taking the "easy way out" by taking sick leave or retiring on the grounds of ill-health.
Parker is now unemployed, but will continue to be paid for one year with a salary he said amounted to "(pounds) 36,000 spread over the next 12 months", not the (pounds) 65,000 some reported.
The GMB has already spent in excess of (pounds) 250,000 defending Parker against the two tribunal claims, in addition to the (pounds) 50,000 it has agreed to pay Senior. With an expected settlement in the second case, the union's costs could potentially top (pounds) 500,000. Parker said he was not embarrassed by the figure. "I have no control over the fees charged by our legal advisers. I'm entitled to that representation like anybody else in the GMB."
Parker's resignation has also meant the end of his hopes of succeeding John Edmonds as GMB general secretary when he retires later this year.
Some within the union movement are now calling for root and branch reform in the GMB. One prominent Scottish trade unionist and former GMB regional council member said "regime change" was essential to combat a bullying culture "systemic" in the union. One unofficial report has said that the union faces 61 cases brought by staff in six years at a cost of more than (pounds) 4 million.
He said there was a strong possibility that the Scottish region would be suspended while root-and-branch reform was carried out. Settlements and astronomical legal costs have left the GMB vulnerable to merger or takeover, he said. "We need to change how we go about our business," he added.
"What Margaret McAvoy's and Mary Senior's cases have shown is that we have to support people who stand up against bullying.
"In the past, we haven't done our dirty washing in private - we just didn't do it at all. Funnily enough, if you do that, it stinks."
Catch up Last week, Mary Senior accepted a (pounds) 50,000 settlement of a victimisation case against the GMB union's Scottish leader, Robert Parker. Parker resigned from his post following the decision.Senior said it was sad that a union should find itself defending such a case
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