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Barrister’s verdict on Cityclean: It’s toxic – and bullying was normal

Independent report says Brighton depot managers were not given support to do their jobs

by Frank le Duc
Thursday 12 Oct, 2023 at 5:01AM
A A
24
It’s time to clean up Cityclean, vows Brighton council leader

Aileen McColgan

Here is an edited version of the critical summary report about the “toxic” culture at Brighton and Hove City Council’s rubbish and recycling service Cityclean.

Labour council leader Bella Sankey ordered an independent inquiry into serious allegations by several whistleblowers about problems at Cityclean’s Hollingdean depot.

The summary report by senior barrister Aileen McColgan is due to be followed by a full report once those who are criticised in it have had a chance to respond.

Councillor Sankey said sorry to residents and staff – past and present – who have been affected by the troubling behaviour at the dysfunctional depot.

To read our news story on the report, click here. Here is what Miss McColgan’s report said …

“I have been instructed by Brighton and Hove City Council to conduct an independent investigation into allegations concerning behaviours and activity within the waste service.

“The complaints, which I have concluded were well-founded, contained multiple allegations of sexual harassment, race discrimination, discrimination based on disability, bullying and intimidation.

“As a result of my investigation, I have recommended that the council consider disciplinary action against a number of named individuals.

“The council issued a call for witnesses which extended to ‘any member of staff at Cityclean or … employed by the council who have been in roles significantly associated with Cityclean, or ex-employees in these categories’.

“I was provided with statements from a number of individuals and was contacted by numerous others as a result of the council’s call for witnesses.

“Many worked at Cityclean. Others had done so in the past or were or had been significantly involved with Cityclean as a result of their work for the council.

“During the course of my investigations I spoke to over 70 witnesses who provided their evidence to me on the basis that it would not be attributed to them in any report and that it would not be passed on to the council without express written permission.

“I spoke to the vast majority of these people face-to-face or on Teams. Face-to-face interviews were conducted under conditions of secrecy because of the level of fear expressed by some potential witnesses about potential retaliation.

“In view of the matters discussed in this report, I regarded that fear as well founded.

“I was provided with extensive documentary evidence from a number of sources, both unsolicited and at my request.

“I heard numerous accounts of appalling behaviour faced by staff and managers at Cityclean including accounts of individuals

  • shouting and/or swearing at and/or threatening staff
  • acting in a physically aggressive way, making implicit and explicit threats to use physical violence and in fact using such violence
  • referring to managers as ‘cunts’, ‘wankers’, ‘a fucking bitch pulling the strings’
  • racially harassing members of staff including by racist name calling and graffiti
  • sexually harassing women staff and managers
  • harassing gay staff including by ‘catfishing’ them

“Managers at Cityclean and elsewhere in the council have, until recently, been unable to respond appropriately to such behaviour by reason of the threat of industrial action and a (reasonably) anticipated absence of political support.

“Behaviour of the sort described above became normalised as behaviour such as that outlined above has been emulated by other personnel within Cityclean. One witness told me that ‘aggression has become culturally engrained’.

Cityclean staff clear up after the strike two years ago

“I have provided the council with my full findings in a detailed report in which I made a number of recommendations, including recommendations that disciplinary action be considered against persons named in the report.

“Given the nature of my investigation, it is inevitable that much of the discussion in the full report is of the alleged behaviour of individuals.

“It is important to stress that those individuals, most of whom I have not spoken to, have not yet been given the opportunity to answer any of these allegations.

“Brighton and Hove city presents particular challenges as regards waste collection. Interruptions in waste collection can very quickly create very significant difficulties for residents, visitors and the council.

“There was a 20-year period of no overall political control, the council moving between Labour, Conservative and Green minority leaderships between 2003 and 2023.

“Further, the council operated a committee system throughout its existence, with the exception of the period from 2008-12, which meant that council leaders of minority administrations had limited powers.

A picket line at the Cityclean depot in Hollingdean in October 2021

“I have been provided with evidence which suggests that, by 2017, bullying behaviours had become normalised at Cityclean.

“These behaviours were exacerbated over time, in particular, after industrial action was threatened in 2019 in connection with alleged ‘anti-union bias’ of Cityclean management.

“An investigation carried out in 2019 by Gerry Doherty, former TSSA general secretary, who very sadly died in September 2023, found that the allegation of anti-union bias was without merit.

“Mr Doherty raised concerns about uncertainty as to the agreements in place between the GMB and council at Cityclean and involvement in HR operational matters of elected members.

Gerry Doherty

“Various decisions made at the highest level of the council in 2019 in connection with the industrial action which was threatened conveyed a message to managers at Cityclean that decisions relating to disciplinary action against certain members of staff would not be supported by the council.

“I note in this context that member appeal panels (made up of councillors) have on occasion reinstated staff dismissed by Cityclean on grounds of gross misconduct.

“This message has continued to be felt at Cityclean and it is only recently that that position has begun to shift.

“I am satisfied that the outcome of the 2019 dispute, rather than any general lack of competence on the part of Cityclean managers, has been responsible for subsequent shortcomings in the disciplinary and performance management of staff at the depot.

“Industrial action taken in 2021 resulted in an agreement which further reduced management’s ability to manage Cityclean staff.

“One witness described Cityclean as being like Animal Farm. Others described the environment as ‘toxic’.

“This culture has created a stressful and damaging working environment for all those who have experienced it. It has also served as a model for staff.

“I was told, and I accept, that there are many issues with working arrangements at Cityclean that impact the level of service to residents.

“One manager told me that he came into work every day with a bad taste in his mouth because he knew that he would be shouted, pointed and yelled at and people would be storming off and slamming doors.

“What should be straightforward managerial decisions on the utilisation of staff when, for example, people are off sick, escalate into morning-long events with members of staff storming off and crews going out hours late.

“One manager talked about the fear of physical violence and of not being backed up.

“Senior managers have not been able to assure those for whom they are responsible that they will be protected from retaliation in the event that they complain about the behaviour of certain individuals.

“Managers at the depot were subject to daily abuse and are routinely sworn at and (publicly) about.

“Another aspect of the culture at Cityclean is the tendency of staff to characterise as bullying and/or harassment managerial conduct which is entirely appropriate and reasonable.

“Attempts to discipline certain individuals regularly result in threats of industrial action.

Rubbish being cleared in Clarendon Villas in Hove after the strike two years ago

“I was told by many witnesses that the political environment mentioned above had resulted in administrations which felt vulnerable to the threat of industrial action, and that this had impacted on decision-making and inhibited the proper functioning of council procedures to address bullying.

“Where procedures have been followed, some disciplinary dismissals have been overturned on appeal to panels of councillors.

“One manager told me that, until recently, Cityclean management expected their decisions to be overturned, to be punished for having made these decisions and for the council to fail to protect them from the ‘punishment’.

“The same was true, the manager suggested, for anyone who came forward to raise a concern or provide evidence as a witness.

“A number of witnesses expressed concern about racism at the depot. I heard a number of Cityclean staff had been subject to racist name-calling by their colleagues and that a truck had been regularly defaced with racist graffiti while parked in the depot.

“A number of witnesses also referred to misogyny and sexism at the depot. I heard that the word ‘cunt’ was regularly used to and about managers.

“One female member of staff told me that she had been subject to overwhelming sexual ‘banter’ daily by men in the depot.

Cityclean staff at work in St James’s Street in Brighton

“Another spoke about the very misogynistic culture at the depot which she told me she had to put up with most of the time because of the potential risks of challenging it.

“A number of witnesses said that much of the criticism aimed at women in senior management was related to the fact that they were women.

“One witness spoke of a culture of racism, homophobia and sexism and told me that a group of loaders ‘catfished’ gay staff on Grindr.

“One witness, who told me that he was gay, found himself the subject of homophobic ‘banter’ while another said that a lot of people on refuse had refused to work with him because he was gay.

“In addition to the kinds of behaviour described above, I heard many accounts of bullying and intimidation by Cityclean staff and others to whom those working at Cityclean are exposed.

“I have heard accounts of (non-managerial) individuals

  • shouting and/or swearing at and/or threatening staff
  • ‘effing and blinding on a daily basis’
  • banging on walls and tables and storming out of meetings
  • acting in a physically aggressive way, making implicit and explicit threats to use physical violence and in fact using such violence
  • referring to managers as ‘cunts’, ‘wankers’ (and) ‘a fucking bitch pulling the strings’
  • making inappropriate sexual comments to and about women
  • calling a member of staff a ‘black cunt’
  • telling staff that they did not need to attend mandatory diversity training
  • telling a manager that, even if they left the council, the individual would follow them, find them and make sure they never got another job

“I am satisfied that managers at Cityclean and elsewhere in the council have, until recently and through no fault of their own, been unable to respond appropriately to such behaviour.

“One manager told me that, in many ways, Cityclean was similar to many other waste and refuse and recycling services in that there was a typical predominantly male manual work force in which issues such as sexism, homophobia and racism were prevalent.

“The real differences in Brighton and Hove were what happened when management tried to deal with those problems. I have found no reason to disagree with this analysis.

“I found no evidence that any of the managers I spoke to were hostile to trade unions. Many, perhaps a majority, identified themselves to me as trade union members.”

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Comments 24

  1. DS says:
    2 years ago

    Shameful behaviour, adults should grow out of the bullying behaviour they got away with displaying when they were kids.

    Reply
  2. Jon says:
    2 years ago

    No-one who has worked at City Clean will be surprised by any of this. Maybe the Council leader should talk to GMB reps Mark Turner & Dave Russell or the Labour councillors who are GMB members who seem to have been unaware of any of this.

    Reply
    • AMouse says:
      2 years ago

      Unaware? They are fully aware as it is them that have carried out this appalling and disgusting behaviour

      Reply
  3. Tom Harding says:
    2 years ago

    Time for Mark Turner to call a strike – we can’t have people insulting GMB members like this

    Reply
  4. Tim says:
    2 years ago

    This is not just confined to the depot.

    I’ve seen this on the streets of Brighton as well. Loutish behaviour by operatives, shouting and swearing at members of the public and on one occasion blatant homophobia directed at gay couple.

    This is just basically a “Closed Shop” setup whereby these idiots think that they are untouchable.

    Time for a change. Get rid of this toxic setup and get a new contractor in, also make sure that none of the perpetrators transfer to the new contractor?

    Reply
    • AMouse says:
      2 years ago

      City clean is not a contractor, it is merely a department name. They are and always have been a part of the Council

      Reply
      • Tim says:
        2 years ago

        Sorry, my errror.

        But what I witnessed I still stand by.

        It was gatuitousy offensives behaviour from council employees?

        Reply
  5. Jane W says:
    2 years ago

    I think that when the electric bin lorries come fully into service, all the operatives will be filled with so much euphoria and love, because they know they’re saving Planet Brighton, that all this culture of bullying and hatred will simply vanish. #AnotherGreenWin

    Reply
  6. Chris says:
    2 years ago

    I suspect as ever there are three sides to any argument one for each party and the truth.
    Now wannabe politicians are involved the truth will probably be buried under rhetoric.

    Reply
  7. Anne Susan Olive says:
    2 years ago

    1) In Poet’s Corner, Hove, I have been pleasantly surprised by the helpful attitude of bin men! When I was ill & forgot to put my bin out & raced down the street after the cart – or called out to the guy “Shall I bring this to you?” Answer:”No, we’ll get it.”
    When I thanked them as they returned bins, they were always very courteous.
    2) On the other hand, twice recently bins have not been collected. The 1st time, I filled in a form on your not-user-friendly website & pointed out that i) uncollected rubbish is a health hazard & ii) when residents leave bins out on the pavement – we hope for collection soon – anti-social people add coffee cups & even bagged dog poo. This is unbagged, but the Council rightly says to bag all rubbish! What are parents & schools teaching kids about social responsibility nowadays – not enough, it seems!

    Reply
  8. Tom Ford says:
    2 years ago

    How can BHCC – the bastion of wokeism – allow such goings on in the city?

    Reply
  9. John Gilbert says:
    2 years ago

    I was a manager at Hollingdean many years ago – when Compulsory Competitive Tendering was in its early days. I enjoyed my time there and found that all the staff, particularly those on the front line, were a great bunch of people who worked worked very hard and kept Brighton in good nick. Mark Turner was the GMB rep back then and he was really very good at his job – and I doubt nothing in that regard is different..
    It is sad that things seem to have changed for the worse. It is not for me to publicly surmise as to why, but I reckon I could have a few close guesses.
    Good luck for what lies ahead

    Reply
    • Some Guy says:
      2 years ago

      “It is not for me to publicly surmise as to why, but I reckon I could have a few close guesses.”
      Because the GMB mob will break your legs if you do?

      Reply
  10. DDavid+Eve says:
    2 years ago

    Oh dear, the overwhelming impression I get is that Cityclean is an utterly ghastly place to work, for managers and staff alike.
    A complete clear out is obviously the answer, if not at least a new contract with another firm.

    Reply
    • Delboy says:
      2 years ago

      You’ve only got to look at them to know what to expect plus the years of the Greens…and there you have it. Wonder if Caroline Lucas has anything to add. Bless

      Reply
  11. CaravanColin64 says:
    2 years ago

    Personally I always found good management results in good outcomes; but of course they must be allowed to pick the Team!

    Reply
  12. Anne says:
    2 years ago

    Yes as mentioned, good time for a new contractor. However I don’t know if TUPE comes into play, or can they get rid of the perpetrators in this first?

    Reply
    • AMouse says:
      2 years ago

      Cityclean is Not a contractor, they are a department within the Council

      Reply
  13. Julian Hughes says:
    2 years ago

    How do I join?

    Reply
  14. Biny says:
    2 years ago

    I was a member of the Union for 20 years until they supported a workplace bully (not in the Union at the time but local Labour Party member) in an employment in an employment dispute.

    With GMB support and encouragement the worker’s aggression and threatening behaviour became worse. We had to face hostile Union representatives that made me ashamed to be the Workplace Representative. They supported a non-union member against one of their ‘brothers’ pure political bigotry. Google gmb monaghan report.

    In my GMB training to be a Workplace Representative I made it clear that I wouldn’t be trying XL Bully tactics to resolve issues at work. It’s not the 1970s. I only remained a member hoping that the Union would see sense and as it should be looking after my and the bully’s interest.That they could arbitrate and not intimidate.

    They didn’t and a very costly tribunal went ahead. Once it finished (the bully fairly dismissed); I destroyed my Union card.

    I raised a complaint with the GMB about their conduct but as no longer a member I’ve been ignored. Not all officers of the Union are bad but they’ve joined a mob under the lead of nasty and damaged men.

    It’s a toytown mafia. Back to the seventies again
    The Gobfather part I.

    Reply
  15. Mister G says:
    2 years ago

    I’m a life long trade unionist but the staff at Cityclean seem untouchable. Managers are paid (well paid) to sort these problems out. If the cannot do the job then get rid. The GMB need to play their part in changing behaviour and not defending the indefensible.

    Reply
  16. Jo says:
    2 years ago

    Well I can tell you now this is not the only department where this behavior happens and it happens within managers and some staff members treating members of the public in this way as well and not giving them the service they are meant and we’ll blatantly lie to residents to cover up their mistakes or their lack of interest of doing the job that they are employed to do

    Reply
  17. Karl M says:
    2 years ago

    It would seem that the councillors are blaming their employers and that their employers are a dispicable bunch.
    If so, who employed them?

    Reply
  18. Kaleidoscopic says:
    2 years ago

    The whole thing stinks of corruption and a GMB mob with little to no interest in advocating for staff

    Reply

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