Housing association loses harassment case

Steven Coffey, who has been chief executive of LMH for five years, accused the three men of harassing and stalking him after losing their jobs.

David Gardiner, 42, of Eldersfield Road and Sidney Graves, 54, of Beacon Lane - both in Liverpool - were made redundant from their jobs at the subsidiary Housing Maintenance Solutions last summer.

Peter Orr, 57, of Oreilly Court, Liverpool, was later dismissed for ‘gross misconduct’.

Judge Michael Abelson found the three men not guilty of causing harassment, alarm or distress by using threatening words or behaviour, assault by beating and common assault.

The men were staging ‘peaceful protests’ outside the headquarters of LMH and HMS from August last year to March this year.

Mr Coffey, head of HR Karen McMurdo, commercial director of HMS Wayne Booth and service manager at HMS Steven Jenkins accused the trio of harassing and threatening them.

Judge Abelson dismissed Ms McMurdo and Mr Coffey’s allegations because they had not reported any incidents to the police until months later.

He also rejected Mr Jenkins’ and Mr Booth’s allegations as they were ‘something of nothing events’.

Giving his judgement, he said: ‘This was an unfortunate series of events continuing over many, many months.

‘You were all long-term employees, but it’s not for me to go into why you were dismissed.

‘Not surprisingly, there was ill feeling there.

‘You decided to exercise your lawful right to protest.

‘It appears the police were called on numerous occasions, but nothing happened as a result.’

Addressing Mr Graves, who was the trade union representative of the workforce, Judge Abelson said: ‘You are a man, like your colleagues, who had an exemplary record.

‘I was impressed by your evidence, in that I feel that you were trying to act responsibly.’

He added: ‘The main thrust is that, as a result of what happened, the management said they will go and get these guys as they are the main people in the protests.

‘The problem is that the complaints were not made at the time, so attempts to create the impression that any of these acts took place on the dates mentioned don’t hold much water.

‘I have no hesitation whatsoever of finding you not guilty of all offences.’

An LMH spokesperson said: ‘A large number of incidents were reported to the police by employees of LMH and its subsidiary business, HMS, and matters were considered by the police who chose to charge the individuals concerned.

‘The Crown Prosecution Service independently decided to prosecute on the basis of the evidence that was available and this led to the criminal court case which has been held this week.

‘In all cases of this nature, incidents should be reported to the police and it is for them, together with the CPS, to consider how they should be dealt with. In the event that the CPS chooses to prosecute individuals it is, of course, for the courts to decide on whether they are guilty or innocent.

‘LMH is very supportive of this approach and the high level of proof required in such cases.’