| Kiran Sirpal sought decree for £50,000 plus interest from the council because of the behaviour towards her of a care home employee who, it is alleged, had “race issues”.
A four-day hearing into the civil action was due to start at the sheriff court today, but after two adjournments for further negotiations, agents for both parties told Sheriff Richard Davidson there had been a settlement.
A cash payment will now made by the council to Ms Sirpal for considerably less than the £50,000 sought — it is understood the sum will be less than £10,000.
Katie Nisbet, solicitor for the council’s insurers, stressed her clients were not admitting liability.
Papers lodged at the court explained that Ms Sirpal raised the action under the Race Relations Act 1976, which states it is unlawful for a public authority, in the carrying out of its functions, to do anything which constitutes discrimination.
The Act also states that anything done by a person in the course of their employment shall be treated as being done by the employer, whether or not it is done with the employer’s knowledge and approval.
Ms Sirpal sought reparation for the loss, injury and damage she alleged she sustained through the fault and breach of statutory duty by the council.
The court papers contended that the Care Commission inspector, who is of Asian ethnic origin, visited a residential home in June 2003.
Ms Sirpal alleged the employee’s behaviour constituted discrimination.
She claimed she suffered injury to her feelings, was upset, was unable to work, lost confidence and suffered a stress-related illness.
The city council submitted pleas in law that the pursuer’s claims were irrelevant, lacked specification and should be dismissed, and that they were unfounded in fact and the defender should be absolved.
The council also pled that the pursuer had not suffered loss, injury or damage through a breach of statutory duty, and that the sum originally sued for was excessive and that decree should not be granted.
Ms Sirpal was represented through her trade union Unison by Mr Alasdair Harman, advocate, whose instructing solicitor Ms Carol Fox, made a statement afterwards.
“This case was to challenge unacceptable race discrimination in the workplace,” she said.
“We are pleased that the case has been settled, but are disappointed that the matter had to come to this stage.
“We can only hope that Dundee City Council and other employers take greater care in the training and awareness-raising of their employees.”
Dundee City Council declined to comment on the outcome. |
