Students celebrate GCSE results across Harrogate district

Thousands of students across the Harrogate district have collected their GCSE results today.

The teenagers, whose preparations for the exams over the last two years were impacted by the covid pandemic, have been celebrating their achievements at schools around the area.

At Harrogate Grammar School, 83% of the 284 students sitting exams this year gained five standard passes in English and maths.

Headteacher Neil Renton said:

“We celebrate the success of all our students. Their remarkable achievements reflect not only their drive for success, but our emphasis on providing a broad and balanced curriculum that meets the differing needs of all our learners.

“These exceptional outcomes recognise the hard work, resilience, and determination of our students and we thank them for all their efforts.”

Harrogate Ladies’ College students performed well in sciences, with more than 75% of results graded 9-7.

Across all subjects, 57% of grades were 9-7 and 36% were 8 or above, while more than 60% of pupils at the school achieved five or more 9-7 grades.

All results in French were 8 or above, and almost 90% of grades in textiles were at that level too. Seven of the school’s textiles pupils were individually congratulated by the exam board for being among the highest performers in the country.

Other high achievers include Maisy Lindley and Ella Marshall, who both achieved a clean sweep of 9-7 grades.

Principal Sylvia Brett said:

“Our results were excellent across all subjects, but as a girls’ school, I’m particularly pleased that we’re leading the way in STEM [science, technology, engineering and maths], an area where women are still hugely underrepresented in the careers market.

“If we want to change this, we need to inspire and encourage girls while they are still at school.”

Hattie Dixon, Chloe Homer, Ella Marshall, Maisy Lindley andAmelie CoyleHarrogate Ladies’ College students Hattie Dixon, Chloe Homer, Ella Marshall, Maisy Lindley and Amelie Coyle.

At Ripon Grammar School, more than 90% of grades were 9-5, the equivalent of A*-B, while 57.3% were 9-7, or A* and A.

The 122 students in the year group achieved a total of 432 top grades of 8 and 9.

Headmaster Jonathan Webb said:

“I am delighted so many of our GCSE students have done so well this year. With the regrading of results to pre-pandemic levels there has been a degree of national uncertainty as overall pass rates have fallen.

“Our year group have worked through adversity and disruption to achieve a strong set of results which now allow them to access their chosen pathway for further study.”

Rossett School‘s students were also celebrating after 63% of the year group achieved five standard passes including English and maths.

Among those achieving grades 9 to 7 across the board were Sam Barker, Arlo Collins, Harry Duffy, Maya Dunmore, Daniel Golding, Danni-Mae Hampson, Robyn Heywood, Henry Hull, George Park, Abbie Ramsden, Mariia Sorokina and Adam Taverner.

Headteacher Tim Milburn said:

“It’s been lovely to see our students this morning and to hear how well they’ve done. The results they have collected today are a real testament to their resilience, commitment and dedication.

“Young people have faced unprecedented disruption to their education over the last three-and-a-half years but that only makes these results more remarkable.”

Rhys Wolf collects his GCSE results from Ashville CollegeRhys Wolf of Ashville College

Among Ashville College‘s high-scoring pupils was Rhys Wolf, who achieved 10 grade 9s and is staying on for sixth form at the school, before setting his sights on a degree in maths or economics.

The school has not released its overall results. Headteacher Rhiannon Wilkinson, said:

“Every success has been incredibly well deserved, and we are proud of what our Year 11 pupils have achieved both in and out of the classroom. They can now focus on the future and the opportunities that lie ahead in our sixth form.”

Queen Mary’s School, between Ripon and Thirsk, has also not released details of its results, but headteacher Carole Cameron said:

“It is truly heart-warming to witness long-standing Queen Mary’s pupils achieving outstanding grades after many years of dedication.”

St Aidan’s Church of England High School in Harrogate has not released its results, but interim headteacher David Thornton said:

“Our students have been there for each other, supporting their friends and classmates.

“St Aidan’s is a close community with parents, carers, staff and students all working together to ensure each student achieves their potential. We all celebrate with them and are immensely proud of each and every one of our students.”

The Stray Ferret contacted all other schools in the Harrogate district for their results and comments, but had not received responses by the time of publication.


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Memorial service for long-serving Harrogate councillor

A memorial service will be held this week for a long-standing councillor and former Mayor of the Borough of Harrogate.

Jim Clark served for 20 years on North Yorkshire County Council, representing the Harlow Hill division, and was the organisation’s chairman during the covid pandemic.

In this role, at the age of 73, he was among the first to have a covid vaccine in February 2021, wearing a tartan face mask for the occasion.

He was also a Harrogate Borough Council member, representing the Harlow ward for the Conservatives from 1998, and served as its mayor.

Mr Clark took a particular interest in health matters during his time as a councillor, representing North Yorkshire County Council on the West Yorkshire Health Scrutiny Panel.

He called for an enquiry into the Nightingale hospital set up at Harrogate Convention Centre in April 2020, and for staff at Harrogate District Hospital to be allowed to continue to park free in its car park after the initial months of the pandemic.

Professionally, Mr Clark was an accountant, achieving chartered status and being appointed head of entrepreneurial services at Ernst and Young.

He was a keen supporter of the arts, serving as chairman of the Harrogate Theatre board for a decade.

He also took an interest in community organisations, including the Friends of Valley Gardens


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Mr Clark stepped down as a councillor in May 2022 and moved to be closer to family in Scotland, where he died in December.

He left two sons, Andrew and James, a daughter-in-law, Pamela, and three grandsons.

He was posthumously awarded the title of honorary alderman of Harrogate on the abolition of the borough council in March.

A memorial service for Mr Clark will take place at St Wilfrid’s Church on Duchy Road on Friday, August 25 at 2pm, followed by refreshments at the Old Swan Hotel.

The occasion will be a celebration of his life, so his family have requested that attendees do not wear black.

Anyone who would like to attend should contact Andrew Clark on 07710 709172, or by email.

Harrogate musician died from poorly-managed diabetes, inquest finds

A talented Harrogate musician diagnosed with diabetes at 18 died eight years later from the disease, an inquest heard today.

Aaron Joseph Bertenshaw was 26 when he went into a diabetic coma and died at his home in Dene Park in December 2021.

At the inquest in Northallerton, coroner Catherine Cundy heard evidence that he had struggled to come to terms with his diagnosis and the condition had not been well managed.

Mr Bertenshaw, a popular musician who also worked as a barber, was admitted to the emergency department of Harrogate District Hospital 40 times over a period of five years.

Of those, 36 admissions were because of diabetic ketoacidosis (DKA), which occurs when the blood glucose level is dangerously high.

Following his high frequency of admission to hospital, a multi-disciplinary team meeting was called in April 2021, involving the GP practice as well as the hospital’s diabetes team.

As well as his poor diabetes control, health professionals were concerned that he failed to keep appointments or respond to attempts to contact him.

The meeting considered whether Mr Bertenshaw had the mental capacity to make decisions in his own interests and it was agreed this would be assessed whenever contact was made with him in future.

However, the psychiatry team at Harrogate District Hospital never felt that Mr Bertenshaw had an underlying mental health problem that would have impacted on his ability to make decisions.

Mental health

The consultant psychiatrist, Dr Akram, told the court Mr Bertenshaw had had a number of referrals to mental health services over several years, the latest in October 2021.

He said patients in acute episodes of DKA can lack judgement and behave strangely, but this does not mean they have a mental health disorder.

Nor, he said, can someone be detained under the mental health act to force them to accept treatment, which Mr Bertenshaw’s parents had suggested could have been done for him.

The community mental health team felt that Mr Bertenshaw was struggling to accept his diagnosis, but was not deliberately misusing his insulin.

Dr Akram added:

“His intention was not to hurt himself. He just wanted to be on a different type of diabetic medication.”

The inquest also heard that the diabetes team at the hospital had discussed different options with Mr Bertenshaw to help him manage his condition.

He had requested going onto an insulin pump, which diabetes consultant Dr Sutapa Ray told the inquest had been “on the table” for him.

She said Mr Bertenshaw was told he first needed to have his sugar levels under control, which he had not been able to do.


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Mr Bertenshaw’s mother, Sammy Oates, told the court he had lost a significant amount of weight and vomited after every meal, causing her to suspect he had an eating disorder.

However, Dr Ray said this was a common symptom in cases of poorly controlled diabetes, and Mr Bertenshaw had not engaged well with the diabetes team to help him manage the condition.

She said:

“It was very much the case that we would reach out to Aaron and we would do whatever he allowed us to do to engage with him to make the changes that needed to be made…

“Type one diabetes is such a burdensome condition. People adjust in different ways. Some take years and years, and some never come to terms with it.

“It’s probably one of the most difficult conditions to live with for the person and the people around them. it’s not at all uncommon [to struggle with it].”

The court heard Mr Bertenshaw had avoided emergency admission to the hospital for most of 2021.

When he was admitted in early October, he said he had been drinking and taking cocaine following the death of a friend. Having initially refused tests and treatment, he did later agree to accept help.

He was again referred to the mental health team but, despite repeated attempts to contact him, he failed to respond.

Aaron BertenshawAaron Bertenshaw was a well-known musician who gigged around Harrogate

On Thursday, December 2, 2021, Mr Bertenshaw’s mother went to his house, having not been able to contact him or seen him active on WhatsApp since Monday, November 29.

She found him on his living room floor, and paramedics attended to confirm his death.

Police officers who were also present reported signs of a “chaotic” lifestyle, including an unhealthy diet, and use of alcohol and drugs.

The post-mortem and toxicology reports found that while there was some cocaine in his system, it was not in large enough quantities to have put him at risk of death. However, the court heard use of cocaine is thought to be linked to a higher risk of DKA.

Concluding that Mr Bertenshaw had died of natural causes relating to his diabetes, Ms Cundy said she had not seen any evidence that more could have been done to intervene by the organisations caring for him.

She said she accepted that sectioning him to force him to take medication was not appropriate, adding:

“People cannot and should not be detained in psychiatric institutions simply because they make what others of us might consider to be unwise choices about how they live their lives.”

Where to watch the World Cup final in the Harrogate district

Pubs, sports clubs and other venues across the Harrogate district are gearing up for a morning like no other tomorrow, as England’s Lionesses face Spain in the World Cup Final.

The match takes place at Stadium Australia in Sydney, kicking off at 11am UK time.

The early start has not deterred fans and businesses alike from making the most of the occasion.

No doubt the biggest cheers will be for Rachel Daly, the former Rossett School student and Killinghall Nomads junior player, who will be hoping to start once again for the Lionesses.

Here’s a round-up of some of the places putting on a special event for the match.

If you know anywhere else, email us at contact@thestrayferret.co.uk and we will add it to the list.


Harrogate

The Empress on the Stray will be open from 10am to welcome fans.

The Tap on Tower Street is opening its doors at 11am for the match.

The Den, on Cambridge Road, will be showing the match.

The Balcony at Harrogate Cricket Club will be open from 10am, with bacon butties, hot drinks and the bar open. Book a seat via the website.

Husk Beer Emporium will be open for the match from 11am.

Harrogate Conservative Club on East Parade will be showing it from 10.45am.

Bilton Cricket Club on Bilton Lane is opening at 10am and offering a free pint to anyone who wears their England shirt. Check the club’s Facebook page for booking details.

Starbeck Working Men’s Club on Forest Avenue will be showing the match on a big screen, with doors open from 10.30am.

The Knox in Bilton will be serving breakfast butties from 10.30am ready for kick-off.

The Shepherd’s Dog on Otley Road will be open from 10.30am and serving sausage and bacon butties.

 

Knaresborough

Knaresborough Town Football Club on Manse Lane is hosting a watch party, with doors open from 10.30am.

The Cricketers on Thistle Hill will be open from 10am for the match.

 

Ripon

The Black Swan in Westgate is throwing a Women’s World Cup Final party from 10.30am, with a raffle and England merchandise.

So! Bar and Eats in Old Market Square will open its doors at 10.30am. There will be free bacon sandwiches until kick-off.

Ripon Bowling Club in Bondgate Green is opening from 9am for fans to gather and watch the build-up and match together.


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Ripon woman charged with sexually assaulting boy under 13

A Ripon woman is facing five charges relating to sexual offences against a child.

Denise Povall, 60, has been charged with four counts of inciting a boy under 13 to engage in sexual activity with her.

She has also been charged with sexually assaulting a boy under 13 by touching him.

The offences are alleged to have taken place around 15 years ago.

Ms Povall, of Bondgate Green in Ripon, is expected to enter pleas to the charges at a hearing at Harrogate Magistrates Court on Friday, September 1.


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Anonymous £10k boost to Knaresborough man’s Ukraine fire engine appeal

A fundraising campaign by a Knaresborough man to buy a fire engine to send to Ukraine has received a £10,000 donation.

Bob Frendt was hoping to raise £20,000 to buy the appliance and send it to Volodymyr, which had its fire engines commandeered by the army in the fight against Russia.

However, he said he was worrying the total was unachievable, after getting stuck at £7,000 for several weeks.

He told the Stray Ferret:

“I was getting a bit depressed and very stressed over it. I was thinking, ‘I’ve bitten off more than I can chew’, making promises I couldn’t keep and letting people down.

“Then I got this call out of the blue from a man who came to a fundraising folk night in Wetherby and heard me say a few words about what I was doing.

“He said he wanted to make a donation and asked for my bank details. He didn’t say how much – but when I saw it come through, I couldn’t believe it.

“I’m still buzzing now. I can’t believe it has happened. It just shows you what wonderful people there are around.”

The donor has asked to remain anonymous, but said the money was taken from a legacy left by his mother after she died earlier this year.

The man told Mr Frendt she was always a generous supporter of good causes, and had left him “more than he could ever spend” in her will.

In recognition of their generosity, Mr Frendt said he will name the fire engine after the man’s mother.


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Now, he is working with a former fire officer to source an appliance that he can take across Europe and hand over to the fire service in Volodymyr.

He added:

“I just need to raise the last £3,000 now.

“The paperwork shouldn’t take too long to get sorted. Hopefully, we can get it to Volodymyr before the end of October, when the weather closes in.

“If we can’t do that, we’re looking at not doing it until the end of March next year. I don’t want to leave it that long – they’ve got to have that fire engine.”

To help him take his funds from £17,000 to the total, Knot Another Choir will be performing a fundraising concert at Trinity Church in Knaresborough on October 6.

Tickets are £10 and available to buy online in advance.

Donations can also be made via Mr Frendt’s Just Giving page.

Students collect A-level results at Harrogate district schools

Hundreds of students across the Harrogate district have collected their A-level results this week.

The teenagers, whose education was severely disrupted by covid as they prepared for their GCSEs, are now preparing for the first steps in their careers, via further education or work.

Nationally, the number of the top A* and A grades have dropped after rising in the pandemic. However, 79% of students in the UK still got into their first choice of university.

At Rossett School this year, 38% of grades were A* to B, and 21% A* or A, while there was a 100% pass rate in BTEC subjects. of which 78% were graded ‘merit’ or above.

Newly-appointed headteacher Tim Milburn said:

“We’re seeing similar results to those of 2019, which reflects the national picture and is remarkable given what these students have faced over the last three-and-a-half years.

“We are so proud of all our students today. They have shown resilience and versatility in navigating the challenges of the last few years, and their fantastic results are thoroughly deserved.”

Among the outstanding individual results was Kenneth Burt achieved two A*s and two As in physics AS level.

Beth Cannings will use her three As and an A in the extended project qualification to study medicine at Lancaster University..

And Jamie Tucker is set to read biochemistry at Birmingham University after achieving an A* and two As.

Amy Beardmore, Beth Cannings and Jamie Tucker collect their A level results from Rossett SchoolAmy Beardmore, Beth Cannings and Jamie Tucker collect their A level results from Rossett School

Harrogate Ladies’ College today celebrated an increase in its top grades compared to pre-pandemic levels.

The percentage of A* and A grades was 41%, an increase of more than 17% compared to 2019.

More than half of the A* grades were in science, technology, engineering and maths (STEM) subjects.

In five subjects, including further maths, students acheve a clean sweep of grades at A* to B.

Elsewhere, 75% of French grades were A*, 85* of geography grades were B or above, and in creative arts, 90% were A*-B.

Sylvia Brett, principal of Harrogate Ladies’ College, said:

“These are an exceptionally good set of results across a huge range of subjects and the class of 2023 should be so proud of everything they have achieved.

“They have shown a huge appetite for hard work and incredible resilience.  It’s very rewarding to see them propelled into the next exciting stage of their lives.

“Today is about celebrating their personal achievements – however big or small.  We have watched with pleasure as these incredible young women have fulfilled their potential in an inspiring and supportive environment.“

Among the high achievers was Sophie McHugh, who achieved an A* and three As, securing her place to study engineering at Durham University.

Eve Brasher’s A* and two As will see her go on to study law at the Newcastle University.

Exeter University is the chosen destination for Lucy Thomson, who also secured an A* and two As, and she will study international relations.

And Ukrainian twins who were separated from their family thanks to the war have gone on to achieve top grades, as reported earlier today by the Stray Ferret.

Students celebrate A-level results at Ripon Grammar School

Ripon Grammar School, meanwhile, was celebrating after 82.5% of results for its 149 students were at A*-B.

That figure matches last year’s total, despite grades declining nationally, and there were a total of 98 A* grades across the year group.

Four students achieved four A* grades apiece, while Ben Statham was the top-performing pupil with five A*s.

Headmaster Jonathan Webb said:

“While the national figure for A*-A has fallen from 45% to 27%, RGS has maintained its high percentage of A*-A grades, which I think reflects the integrity of our procedures in previous years.”

At King James’s School in Knaresborough, 120 students collected their results, though the school has not published details of the grades achieved across the year group.

The school said 93% secured a place at university and the proportion getting their first choice was “in line with 2019”, with “only a handful” were waiting for places through the clearing process.

Harrogate Grammar School has not released details of its results, but said in a statement the current students “faced the pressure of taking formal exams for the very first time” after having GCSEs cancelled in 2021.

The school said 81% of students applied to university and 70% of those had achieved their first choice, with 91% getting a place somewhere.

St Aidan’s and St john Fisher Associated Sixth Form said around 90% of students had secured a place at their first or second choice university.

The sixth form has not published details of its results, but said in a statement they were “in line” with those achieved in 2019.


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Station Gateway: Andrew Jones calls for funding to be switched to ‘other projects’

Andrew Jones has called for government funding for the Harrogate Station Gateway to be reallocated to other projects.

The Conservative MP for Harrogate and Knaresborough said North Yorkshire Council should not waste time trying to keep the project alive, after it today announced it was “rescinding” its decision to proceed.

That announcement came following a legal challenge from Hornbeam Park Developments, which had applied for a judicial review of the way the Station Gateway project had been managed.

Mr Jones said:

“The key consideration is that the latest challenge means that the deadline to spend the cash allocated to this area is certain to expire.  It is time therefore to stop spending public money trying to drag what is effectively a timed-out dead scheme – the good parts regrettably and the bad too – over the line.

“The council must start talking to government about retaining the funding and re-positioning it to other projects in Harrogate and Knaresborough.  I am happy to help with that process.”

The project has been controversial, with business organisations raising concerns about its impact on footfall and therefore the viability of town centre shops.

The £11.2m scheme was to be funded by the Transforming Cities Fund, and would have seen Station Parade narrowed to one lane around the bus and railway stations.

A bus lane and cycle routes would have been introduced, as part of plans to encourage more active travel.

It would also have included the pedestrianisation of the eastern half of James Street, and changes to Lower Station Parade, with a bus lane added on its eastern side.

‘Flip-flopping’

At a meeting of Harrogate and Knaresborough Area Constituency Committee in May, business owners raised concerns about the impact of the loss of 40 parking spaces and potential queues of traffic through the town centre.

After three hours, the committee voted by eight to three in favour of supporting the scheme.

All five Conservative councillors and most Liberal Democrats voted for it,

Liberal Democrat leader and committee chairman Cllr Pat Marsh said councillors had been given a free vote on the issue.

The public gallery at the Harrogate and Knaresborough Area Constituency Committee meeting in May

However, Cllr Marsh then went to the meeting of North Yorkshire Council’s executive to plead with its members not to proceed with the scheme.

The next month, the Lib Dems withdrew all its councillors’ support, citing the lack of meaningful engagement with businesses and local residents over their concerns.

In today’s statement on the issue, Mr Jones took aim at the Lib Dems for “flip-flopping” on the project:

“Of course, consistent political leadership is critical when managing major investment and the majority group on the Harrogate and Knaresborough area committee has been unable to provide that.

“Whether or not one supports the gateway project in total, in part or not at all such weak local leadership presents difficulty when we look to attracting future investment.”

Looking to the future, Mr Jones said there were elements of the Station Gateway project that could be carried forward into a new scheme.

He also said he had asked North Yorkshire Council to address concerns over other parts of the plan.

He added:

“There are parts of the scheme I think that are welcome – the emphasis on sustainable transport, tidying up the area as you come out of the bus and train stations, the improvement of the public realm, changing the crossing arrangements on Lower Station Parade, improving the shabby one arch and so on.

“There are elements of concern too such as the narrowing of Station Parade for a short stretch outside the bus station and how deliveries to businesses will work and I have consistently asked the council to address these concerns.  It is clear that significant numbers have not been reassured by the explanations that have been given.”


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Secret Bakery set to open new shop in Harrogate station

An established bakery is set to open a third outlet in the entrance to Harrogate railway station.

The Secret Bakery, which has been based on Knaresborough Road since before the covid pandemic, is hoping to open the doors of its new shop next Friday, August 25.

Owners Jane and James Spencer said they hope it will prove popular with office staff, commuters and visitors to town – and they are looking forward to the Station Gateway project.

James told the Stray Ferret:

“Because of the changes the council is planning, we’re hoping to take the front of the shop out and put concertina doors in.

“Then we could have it open and some pavement cafe seating.”

The couple took over The Secret Bakery in October 2020, after it was originally founded in a domestic kitchen in the Saints area of Harrogate.

Despite the ongoing covid restrictions, James said it was a busy time, as many customers liked to buy from a small business and avoid the supermarkets.

The new outlet on Station Parade will offer the same range of sandwiches, cakes and drinks for which the Secret Bakery is known.

A second baker has already been recruited to increase capacity behind the scenes, and staff from elsewhere in the business will be moving to work in the central Harrogate shop.

The secret bakery on Knaresborough Road

The bakery on Knaresborough Road will remain open, as will a second unit in Knaresborough‘s Market Place, which opened last October.

James said the Knaresborough shop had a strong start last autumn but has been quieter this year, perhaps down to lower than expected levels of tourism across the town.

However, he is hopeful that being in the centre of Harrogate, close to other businesses and transport links, will prove successful.

The unit was previously occupied by a cafe, but closed around eight months ago. James said the owner of the neighbouring shoe repair and key cutting shop had already been in touch to welcome the new business.

Its opening hours will be long than the other two Secret Bakery shops, with James and Jane hoping to catch commuters from 7am until 6pm, Monday to Saturday.

James added:

“I saw this place originally and didn’t think much of it, but then the cogs started turning. It means we’re in town rather than the outskirts.

“It’s in the process of being refurbished. We weren’t planning on doing much, but then we thought, ‘let’s do it properly before we open’.

“They’re due to finish soon, then we need to get the fridges and things in, and we’re hoping to be open next Friday.”


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BMW sales manager ‘unfairly dismissed’ after ‘grave mistake’ at Harrogate garage

The sales manager of BMW dealership near Harrogate was unfairly dismissed after selling a car against money laundering guidance, a tribunal has found.

James Dent was employed as head of sales at Stratstone BMW in Pannal until last September, when he was dismissed without notice from his job.

It followed the sale of a vehicle on September 1, which a tribunal in Leeds heard was one of the busiest trading days of the year, when new registrations were released.

A report from the tribunal, published yesterday, found Mr Dent had been asked not to hand over a new car to a customer on the “red list”, which indicated a third party was paying for the vehicle.

The list had been compiled after the company was contacted by police the previous day in relation to another buyer who was involved in criminal activity.

The tribunal was told a third-party funder was also seen as a risk for re-sale – when another garage which sells the car on at an inflated price. If the Harrogate dealership was found to have sold in these circumstances, it could lose its franchise with BMW and Mini, the hearing was told.

After an investigation, Mr Dent was told by Stratstone’s national franchise director for BMW and Mini, Anthony Partington, in a letter dated September 16, that he had been dismissed.

In the tribunal report, Judge Knowles wrote:

“The letter is effectively dismissal for decisions which place the respondent at risk of being knowingly involved with money laundering and also knowingly selling to resellers, exposing the franchise to possible penalties and his inability to follow a simple instruction from his regional director.”

The court heard Mr Dent had argued he was following a similar sale he had witnessed, when the regional sales director had effectively sold a car to a third party against company policy.

However, the tribunal found there were some differences between the two cases, including that the third party paying for the car was present during the transaction, though someone else collected the keys.

In his case, Mr Dent had not sought approval from a senior director before handing over the keys to someone when a third party, who was not present, was paying for the car.

‘Grave mistake’

Judge Knowles wrote:

“The claimant did not underestimate that he had done something seriously wrong. He described it as a wrong judgment on something that was high priority. He acknowledged that he overlooked the fact that they were not delivering the car to the paying customer.

“The claimant’s concluding comments were ‘I’d like to make it plain that I have not set out to deliberately contravene the company’s policy or risk myself or the company. I have made a grave mistake… but I’ve had a busy stressful day and I’ve made a poor judgement in the heat of the moment’.

“The claimant explained some circumstances in mitigation, that he had been busy that day, and that he had dealt with an extremely aggressive customer earlier who had been unhappy with the cleanliness of his new vehicle. He says his mind was elsewhere.”

The judge found there was no dispute between Mr Dent or his employer over whether the transaction had taken place on September 1.

However, what was disputed was the way in which the investigation was carried out.

Mr Partington’s letter made reference to other matters coming to light which showed “huge potential risk” to Stratstone, a trading name of Pendragon PLC.

Judge Knowles found these other matters had not been shared with Mr Dent during the disciplinary process and were not detailed in the dismissal letter.

‘Conscious decision’

In the letter, Mr Partington concluded:

“Finally, I can clearly see in the hearing, and throughout the relationship I have had with you, that the decisions made here are very unlikely to have been made for personal gain, or to knowingly de-fraud or compromise the business.

“Your attitude and approach has always proved to be professional and your commitment to the business is clear.”

Yet when Mr Dent appealed the decision and was unsuccessful, he was found to have “made a conscious decision to not follow clear instruction from your leader, and allowed the business to be put at risk by acting above your authority”.

The tribunal report also found the investigation into the regional sales director’s transaction, cited by Mr Dent as another example of a similar sale, had not been fully investigated.

Leeds Employment Tribunal at City Exchange in Leeds City Centre.Leeds Employment Tribunal at City Exchange in Leeds City Centre

Mr Dent said the real reason for his dismissal was because of the risk to the Harrogate garage of being known to have sold cars that were being paid for by third parties.

However, in response Stratstone BMW told the tribunal Mr Dent had been fully aware of the risk of releasing the car to the man in question, having helped to identify potential suspect transactions for that day.

The company said Mr Dent “acted contrary to clear management instructions” not to release the car, and accepted doing so warranted “some level of disciplinary action”, even dismissal.

Judge Knowles agreed that Mr Dent had handed the car over in contravention of the instructions he had been given.

Yet the report also found there was no evidence this was “deliberate” and that this had only been suggested following his appeal rather than as part of the disciplinary process.

It also found the “wider issues” had only been mentioned after the appeal, in the letter confirming Mr Dent’s dismissal, and no such issues had been put to him.

‘Hurdles to be cleared’

Concluding, Judge Knowles said that while the process of the dismissal had been unfair, Mr Dent’s actions meant he had been “wholly to blame for his dismissal”.

The judge therefore found Mr Dent had been unfairly dismissed, but had not been wrongly dismissed, and was not due any compensation in lieu of notice.

The report also said:

“Worryingly the anti-money laundering and counter terrorist financing policy and related security processes seem to have been treated by both [Mr Dent] and the [regional sales director] simply as hurdles to be cleared. This makes the policy somewhat of a false dawn.

“I suspect that this… will be an uncomfortable read for the board and its audit and risk sub-committee who have clearly sponsored and approved the policy.”


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