Another GC employment tribunal. Roz Adams vs Edinburgh Rape Crisis Centre #2

[nauticant]

Claiming constructive dismissal for GC beliefs.

ERCC CEO is a well known transwoman know for controversial "reframe your trauma" remarks.

There was live tweeting from twitter.com/tribunaltweets or if Twitter doesn't show the tweets, look at https://nitter.net/tribunaltweets

Abbreviations:
J: Employment Judge McFatridge
RA: Roz Adams, the claimant
NC: Naomi Cunningham, barrister for the claimant
R or ERCC: the Respondent, Edinburgh Rape Crisis Centre
DH: David Hay KC, barrister for the respondent
KM: Katy McTernan, ERCC Senior management
MR: Mairi Rosko, ERCC Board Member
MS: Miren Sagues, ERCC Board Member
KH: Katie Horburgh, ERCC Board Member
AB: ERCC staff member (name redacted)
NCi: Nico Ciubotariu, COO of ERCC
MW: Mridul Wadhwa, CEO of ERCC
BP: Beira's Place

Witnesses:
Nicole Jones (NJ): 18 January 2024
Mairi Rosko (MR): 19 January 2024
[more to follow]

Thread #1: https://www.mumsnet.com/talk/womens_rights/4985570-another-gc-employment-tribunal-adams-vs-edinburgh-rape-crsis

Yes @Rainbowshit but they would need to go through the correct process and I think this tribunal has shown us that's not their strength.

As an aside the company they outsourced their HR to (and apparently made the infamous admin error) are not coming out of this well

Yes, with the appropriate disciplinary procedure

Although the trustee turnover seems high, its worth noting that most charities have fixed terms of 3 or so years for trustees, before they are re-elected by the rest of the board, and there's often a maximum 3 term limit (e.g. 9 years). But wise charities ensure that recruitment is staggered, so that groups of trustees don't all change at the same time. Also it looks like many ERCC trustees have left after only one term, and not been re-elected (or stood for re-election, perhaps). This is very poor for organisational continuity.

It looks like many of the trustees didn't even stay for one term. I am a board trustee and our time is 6 years as it's a small charity and needs continuity

All women's organisations in Scotland 'support' self ID. It is a core requirement to get funding from Scot Gov. To repeat: women's sector orgs in Scotland will not receive Scottish government funding unless they are fully trans inclusive. A large part of any funding application is spent evidencing this.

In Scotland, the governance and management of charities are regulated by the Office of the Scottish Charity Regulator (OSCR). The specific powers and procedures related to the removal of a CEO (Chief Executive Officer) by trustees may be outlined in the charity's governing documents, such as its constitution or articles of association.
Typically, the power to appoint or remove a CEO is vested in the board of trustees or directors, as specified in the governing documents. Trustees usually have a legal and fiduciary duty to act in the best interests of the charity, and they may exercise their authority to remove a CEO if it is deemed necessary for the proper functioning of the organization.
The process for removing a CEO can vary depending on the charity's governing documents. It is advisable for trustees to follow any specific procedures outlined in the governing documents and to act in accordance with relevant laws and regulations.
If there are concerns or disputes related to the removal of a CEO, it may be helpful for the trustees to seek legal advice or guidance from OSCR.

Above all, the board must have approved a disciplinary policy/procedure which outlines the process for handling performance issues.

The board and trustees must adhere to this procedure and ensure that records are kept and all matters are documented.

All women's organisations in Scotland 'support' self ID. It is a core requirement to get funding from Scot Gov. To repeat: women's sector orgs in Scotland will not receive Scottish government funding unless they are fully trans inclusive. A large part of any funding application is spent evidencing this.

Yes I seem to remember that was claimed by someone GC with a large platform and challenged by TRAs, and I absolutely believe it but women were struggling to evidence it in black and white.

That's a fairly good indication of how well the tribunal is going then...

... scapegoats being lined up but the problem comes from poor governance at the top and I don't see it changing.

Fascinating to see so many trustee changes. Mermaids had a revolving door of trustees as the shit began to hit the fan. It's not a coincidence. These people KNOW there's issues but didn't deal with them and instead run away. One of the key things about a good trustee is to rock the boat but how can you do that in a culture which has a gross misconduct hearing against a member of staff for asking a question in line with the values and aims of RCS? And then says, oh no wait it was just an admin error it wasn't really gross misconduct, just misconduct. I mean wtf. Who got a disciplinary (or sacked) for that level of cock up and the impact on the staff member? Then there's the non complaint over upset over flipping 'privacy' and a total lack of understanding of GDPR. And a wholesale lack of experience which is glaringly obvious from the trustee information.

Quite frankly there's more than a few who need to go on training courses and to understand the concept of 'stated charitable aims' being a primary focus of a charity, understand the actual law not what they think the law should be and the concept of legitimate aims. It's quite clearly being run by a bunch of activist fuckwits with not a scooby doo of what they should be doing.

More needs to be done on the accountability front. Otherwise what exactly is the point of trustees to uphold standards if there is no action taken when there's been issues and it's clear that some trustees have just done a runner or are just doing it for something nice to add to their CV.

I have to say, once again we need to be asking some questions of our friends over at the charity commission.

That's the Charity Commission who installed a new verification system. Which would be fine but to verify you had to have a log in. Which next to no one did. And no one thought about this prior to the installation of the new system. This managed to lock out huge numbers from their accounts and unable to submit accounts where they should. And the helpline is struggling with being able to sort the problem. They've extended deadlines - but this gives more opportunities to fraudsters...

(Context matters. This one is eyebrow raising in its incompetence and I find it hard to believe such a big change didn't go all the way to the top - people aren't asking the right questions within the organisation itself).

How does one become a trustee of a charity?

Really? I don't think it's hard to evidence, it's there in black and white on any large grant/fund application form. Granted, it doesn't say 'if you don't fill this in properly you won't get the dosh,' but it's pretty much implied.

Has this been posted yet?

https://twitter.com/hightreebud/status/1747324673405174184?t=mMz1uJ__PxKgME_nx6j3Wg&s=19

"For those horrified about this you might like to read about a 2019 meeting between women and Rape Crisis Scotland seeking a solution that would allow single-sex provision. It was submitted to the Committee looking at the GRR Bill.

See p13-16 and 47-53."
parliament.scot/-/media/files/…

https://t.co/vGgRCtdCTF

Is ERCC governed by the Charity Commission or does Scotland have its own arrangements? They should be reported IMO.

It's a different system in Scotland so it is OSCR

From Glinners latest:
"It is also worth noting that in 2021 three women’s sector services in North Lanarkshire were forced into closure after their funding was withdrawn by the council. The council then awarded its new £1.4 million contract to an organisation called Sacro which is not a specialist in domestic violence nor local to the area. Council officers said this decision was “Informed by the findings of gaps in services with respect to specific groups including LGBT+” and that Sacro ‘will better help male victims’. At that time, a man called Arun Gopinath, generally thought to be Mridul Wadhwa’s partner, was a Sacro director."

Organisations post on different sites when they want new trustees - basically wherever they can post to widen the net. Usually third sector job sites, or LinkedIn, or specialist charity sites. Or they may go on Twitter etc.

https://www.oscr.org.uk/about-charities/search-the-register/charity-details?number=SC006208

A blog on IWD 2017 from Forth Valley Rape Crisis Centre about "trans inclusion" and how "discriminatory" the debate was? When was Wadhwa there?

You often just get asked on the grapevine if you have an interest in the charity.

DH has been asked by a friend this week if he'd consider applying for a charity. He has an interest, considerable experience of frontline volunteering and backroom volunteering as well as management skills through his paid work.

He's considering it (it's an important charity to him which has a fair amount of influence on his interest) but he's shit loads of other commitments. He'd be good at it and has plenty of form for boat rocking!

Aug 2018 - Apr 2021

According to LinkedIn.

You apply for a vacancy, just like any other role, and go through a recruitment process which (just like any other role) may or may not be stringent.

Many charities struggle to find Trustees, it's a fairly thankless task, which may obviously then have an impact on quality - if there's only one candidate, for example.

You have to demonstrate skills or experience, either in the field itself (so for ERCC they'd be looking for previous experience in the women's movement) or in necessary skills. Anyone with decent HR experience would be snapped up, ditto finance (women who will volunteer for finance roles are rarer than hen's teeth).

As part of the process there will be a check to confirm you believe in the aims /approach of the charity. For eg if you apply to be a trustee of a charity helping immigrants they'll probably check that you believe immigrants have a right to be treated with dignity, ie you haven't signed up to the Rwanda plan.

There are a number of organisations working with young women in Scotland to help them achieve board/trustee positions. I actually don't have an issue with the ages of the trustees, I've seen some brilliant young woman doing good work come through this way.

Ah I stand corrected. Though non the less my concerns about the cc still stand anyway...

@RedToothBrush's point about the grapevine is a good one and a decent charity will work very hard to find Trustees that haven't come from 'the pool' - ie former workers, workers from aligned charities, 'people we know'. This is really hard though and takes time, effort and money. Everyone knows everyone in Scotland and in Edinburgh, everyone REALLY knows everyone.

Aug 2018 - Apr 2021

According to LinkedIn.

Thanks. So the rot there set in earlier.

At that time, a man called Arun Gopinath, generally thought to be Mridul Wadhwa’s partner, was a Sacro director."

Yes I remember that from a couple of years ago. Women here did a lot of digging too.

Isn't Wadwha still there, though? The LinkedIn dates of 2018-21 imply not, unless I've misread.

True Edinburgh is one degree of separation- you always know someone who knows the person in question