Councillors liable for actions

The Employment Appeal Tribunal has held that a local authority can be liable for the actions of its elected councillors. The EAT found that the actions of a councillor, who was abusive to an employee in the course of his employment, amounted to a breach of the employee's implied contractual right to work in a congenial environment.

It also held that it is not possible for a council to detach itself from the actions of councillors in the workplace, as these can affect the ability of an employee to carry out their work. The result of this ruling was to give the employee, who had resigned following the abuse, the right to pursue a constructive dismissal case against the local authority (Moores v Bude-Stratton Town Council [2000] IRLR 676).