Social worker accused of tenancy fraud wins £2K payout from council

By Tara O’Connor, Local Democracy Reporter

Croydon council has been told to pay more than £2,000 to a social worker who was accused of housing and tenancy fraud.

The payout was settled last week after an employment tribunal held in 2019.

Eniola Onigbanjo accused Croydon council of unfair dismissal, victimisation and discrimination. However, the judge only upheld one of her claims for victimisation.

Ms Onigbanjo was employed by the council as a newly qualified social worker in 2015 and went on maternity leave in her first year of work.

While she was off, Croydon council started to investigate her for tenancy fraud as she was claiming housing benefit in Croydon and in the borough of Kingston, where she was studying.

An investigation found she was also wrongly claiming council tax student exemptions on two properties.

The council also started a disciplinary process as she had not filled in previous names and addresses on her DBS form (Disclosure and Barring Service), which is a criminal record check. In August 2015 she had changed her name by deed poll.

Ms Onigbanjo claimed that she was asked to attend a meeting to discuss her being let go from the council.

The tribunal found that the social worker was “misled” as to the purpose of this meeting. She believed it was a meeting to discuss her grievance appeal.

The ruling said: “This meeting was held by a senior HR person who appeared to produce no minutes of the meeting and there was no evidence led by [the council] on this point. [Ms Onigbanjo] stated that she was told in this meeting that she was facing dismissal for the DBS matter.

“The Tribunal have found that she was subjected to a detriment and there was a direct causal link between the protected act and the circumstances under which the meeting was called, the option put to [Ms Onigbanjo] which was to face disciplinary proceedings leading to dismissal if no settlement was reached.

“We conclude that on the evidence the burden shifts to [the council]. Since [the council] has called no evidence to suggest that the meeting was called for reasons unrelated to the protected act we concluded that this was an act of victimisation.”

The tribunal found that there was no evidence to suggest Croydon had intensified its investigation into the social worker when she lodged an employment tribunal case. It also did not uphold a claim of unfair dismissal or that her dismissal had been “pre-meditated”.

Croydon council was told to pay £2286.41 for injury to feelings. This sum includes £786.41 in interest at the rate of 8 per cent for the period August 19, 2016 and January 8, 2023.

Croydon Council was contacted for comment.

Pictured top: Bernard Weatherill House, Croydon Council offices, Fell Road (Picture: Tara O’Connor)