THE driver of a bin lorry which careered out of control killing six people has gone on “gardening leave” from his council job, the Evening Times can reveal.
However, Harry Clarke is still being paid a full salary by the local authority despite evidence that he misled officials over his history of blackouts.
Clarke’s acting supervisor Alan Kernaghan last week told a Fatal Accident Inquiry into the crash that the 58-year-old had returned to work at the council’s Shieldhall depot, but did not resume driving duties.
It has now emerged that the driver has since reached an agreement with his employer which means he doesn’t have to turn up for work until the FAI ends.
However, a leading Glasgow employment lawyer has today insisted that there is “no rule of law” which prevents the local authority from beginning disciplinary proceedings during the inquiry.
A senior council source told the Evening Times that Clarke has gone on “gardening leave” and is still being paid by Glasgow City Council.
The source said the decision to give him a leave of absence is “without prejudice” until the outcome of the FAI.
“A process has begun and further decisions about the direction of that process will be made when the FAI concludes,” the source added.
Erin McQuade, 18, her grandparents Jack Sweeney, 68, and his 69-year-old wife Lorraine, all from Dumbarton, died when Clarke lost control of the bin lorry in Queen Street and George Square on December 22.
Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow, and Gillian Ewing, 52, from Edinburgh, were also killed when the truck mounted the pavement before crashing into the side of the Millennium Hotel.
The FAI into the tragedy has heard evidence that Clarke repeatedly failed to disclose details of his medical history, including a blackout behind the wheel of a stationary bus in 2010.
He made no mention of it when he completed a council health questionnaire when applying for a job with the council, the FAI was told.
The driver even failed to disclose the extent of his medical history to doctors hours after the out-of-control bin lorry left six people dead.
The inquiry has also heard that the DVLA only revoked Clarke’s licence on June 26, after evidence emerged at the FAI that he is unfit to drive.
Clarke had his licence reinstated on April 28 after failing to notify the DVLA about a history of blackouts.
His ordinary licence has now been revoked for a year, while his LGV licence is revoked for 10 years.
The FAI also heard last week that unopened bottles of beer were found in the bin lorry driver’s cab, which is “against council policy” and amounts to “misconduct”.
Employment law specialist Tony McGrade, who is the founder of Glasgow-based firm McGrade & Co., said: “There is certainly no rule of law which states that the employer cannot bring disciplinary proceedings against this employee while an FAI is ongoing. They may choose to delay it but they are perfectly entitled to begin disciplinary proceedings. There is no reason that I can see that would prevent Glasgow City Council from calling the driver to a disciplinary hearing.”
An official council spokesman yesterday declined to comment on Clarke.
He said: “We do not discuss individual personnel and disciplinary matters.”
Watch The George Square incident as it unfolded:
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