A 'WHISTLEBLOWER' who accused one of Scotland's biggest councils of serious failings in its supervision of sex offenders has claimed he has been illegally removed from his post for raising the concerns.
Gerard Doherty said sex offenders serving community pay back orders had been given cash to go shopping unaccompanied and others were being signed off for having completed sentences without carrying out any of the required work.
Papers lodged with the Employment Tribunal claimed there was "no consideration to the risked posed to the general public" by the lack of supervision and alleges offenders cut up wood for the personal use of staff at their homes.
His employer, South Lanarkshire Council, is to dispute the claims and allegations he has been victimised as a result of whistleblowing when the tribunal gets underway at Hamilton today (THURS).
It has been claimed within the authority that the allegations against the authority are "frivolous" and an attempt by Mr Doherty to exit his employment.
The council is expected to argue that that while there issues of book keeping none of the claims about lack of supervision stood up.
Mr Doherty, 60, has been employed by the council for almost 35 years and took up a post within the criminal justice department in 2009. He also took up a degree in social work, which required a number of work placements elsewhere.
His pleadings state that "in the period August 2013 to January 2014 the claimant raised serious concerns regarding practices within the service...related to the service's management of offender orders, management and lack of supervision of sex offenders".
It adds: "Another social worker within the claimant's team raised concerns regarding the management of a sex offender and the one-to-one supervision requirement not being adhered to. In this case the offender was given money and sent out shopping."
The pleadings later state that Mr Doherty was told by his line manager that senior executives were deeply unhappy that councillors "knew too much" about the Auchentibber community payback services and that if the person was unmasked they would be moved.
Mr Doherty was later moved to a different role within the service and his post filled by another employee. Although a grievance reinstated him this was not followed through, according to the papers, while it is also alleged a grievance against threats of disciplinary action failed.
Mr Doherty said: "The last four years have been dreadful. I've been made to feel totally inadequate and had two periods of poor health.
"I thought I was dealing with decent people and acting on the concerns of my team. By moving me its clear management believed they were moving the problem."
The council's submission details issues raised by Mr Doherty before his complaints including health concerns related to the posts and requests for moves, as well as detailing times and dates of meetings, including attendance reviews, and offers of alternative roles. Crucially it states that he did not make any disclosures as covered by the legislation protecting whistleblowers or suffered financial detriment.
Jillian Merchant, of Thompsons Solicitors, which is acting for Mr Doherty, said: "Mr Doherty believes he has been victimised and illegally removed from his post. He blew the whistle as he was of the view that either a criminal offence was being committed, that the council were failing in their legal obligations and/or that health and safety of individuals were being endangered.
"Mr Doherty hopes the Employment Tribunal will determine that South Lanarkshire Council have subjected him to a detriment due to his whistleblowing and recognise the professional and personal toll that their actions have taken on him."
A South Lanarkshire Council spokesman said: "We are confident of our case in this tribunal and will defend our position robustly. We are also confident that suitable and appropriate arrangements are in place at Auchentibber."
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