Council settles over employee's actions

An inspector from the Care Commission has secured an out-of-court cash settlement after suing Dundee City Council over the behaviour of a care-home employee.

Supported by public services union UNISON, Kiran Sirpal brought the action under the Race Relations Act 1976, which makes it unlawful for a public authority to do anything that constitutes discrimination while carrying out its functions. It adds that any act carried out by employees in the course of their employment is treated as being carried out by the employer, whether or not it was done with the employer's knowledge and approval.

Sirpal, who is of Asian ethnic origin, said she suffered injury to feelings, was upset and unable to work, lost confidence and suffered a stress-related illness after visiting a council-run residential home in June 2003. She claimed that an employee there had "race issues" and behaved in a discriminatory way.

The council said that her claims were irrelevant, unspecified and unfounded in fact, and that she had not suffered loss, injury or damage through a breach of statutory duty. Nevertheless, it agreed to a settlement shortly before the case went to court - although it did not admit liability, and the sum Sirpal will receive is thought to be well below the £50,000 she was claiming.

"We are pleased that the case has been settled, but are disappointed that the matter had to come to this stage," said UNISON solicitor Carol Fox following the settlement. "We can only hope that employers take greater care in the training and awareness-raising of their employees."