A MANAGER of a council-run company was sacked after setting up his own private company with a similar name.
Simon Rowlands claimed he had done so to ease trading matters for Cefndy Healthcare, which is owned by Denbighshire County Council, and that he was targeted after raising concerns about the way his bosses were running the business.
He also alleged that Cefndy Healthcare was operating illegally after Brexit by not having the correct certification for its products.
The Rhyl factory, which employs about 40 people, some of them disabled, manufactures items such as commodes and walking frames.
Mr Rowlands, who was the commercial services manager from 2017, said that as medical devices they needed “CE” certification, but his senior officers said they were “aids for daily living”.
He was suspended in January, 2021, when it emerged that he had established his own company Cefndy Enables Ltd, in which he was the sole director, and he was later dismissed for gross misconduct.
Now an employment tribunal has rejected his claim for unfair dismissal by the County Council.
The tribunal heard that Cefndy Healthcare was in serious financial trouble, especially following lockdown and Brexit, with closure one of the possibilities.
But Mr Rowlands said his ideas for a rescue plan were ignored by his bosses, some of whom he argued did not have suitable business experience.
He said he had established his own company to provide a means to overcome Cefndy Healthcare’s post-Brexit trading issues with Southern Ireland and other European countries, and that it would reduce the risk for the council business.
However, officers investigating his affairs learned that he had received payments from some of Cefndy Healthcare’s established customers.
Dismissing his claim, the tribunal said the council investigation was “thorough and detailed” and the decision to dismiss him was reasonable.
“We find that the reason for dismissal of the claimant was not because he had made protected disclosures but because of his conduct in setting up the private company surreptitiously, carrying out activities in relation to the company and otherwise without informing the Respondents (the council),” said Employment Judge Philip Davies.
Mr Rowlands, he said, had taken the action because he knew that his bosses would not support his initiative.
“In short, he was the author of his own misfortune by the actions he had taken,” said the Judge.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article