An academic who was sacked for gross misconduct by Swansea University for seeking to gain personally with equity stakes in the £200m Life Sciences and Wellness Village project said the university was "not reasonable" to dismiss him, an employment tribunal has heard.
Professor Clement was initially suspended, along with former vice-chancellor of the university Prof Richard Davies, in November 2018 and were both dismissed following an eight-month disciplinary process. Mr Poole, who worked under Professor Clement at the school of management, was also dismissed in 2019. Both Prof Clement and Mr Poole, who are representing themselves in the tribunal, lost their appeals.
The allegations were made in relation to a £200m wellness village that was planned in Llanelli. A further part of the investigation that led to their suspensions, and then subsequent dismissals, was a proposed £600m joint venture for a new university and private hospital in Kuwait, involving Swansea University. Prof Clement had been accused of "hiding" his shares in a company set to benefit from the regeneration project - claims he had denied. The matter was later investigated by the police, however the CPS decided not to pursue the case saying it was "not in the public interest."
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The university had previously alleged that some employees stood to make financial gains in a personal capacity from projects in which they were involved as university employees. However, Professor Clement and Mr Poole have taken their cases to an employment tribunal for unfair dismissal in relation to their conduct - the reason given for their dismissal - which is being heard in Cardiff.
The tribunal continued with QC acting for Swansea University in the tribunal, James Laddie, cross-examining Prof Clement on a number of topics, including conflict of interest policy, declarations of interest, and early communications between himself and chief executive of Sterling Health, Franz Dickmann.
Mr Laddie asked Prof Clement if the decision of a disciplinary panel “fell outside the range of reasonable conclusion available to it, vis a vis [his] guilt”, to which Prof Clement responded: “I believe it was not reasonable to dismiss myself in these circumstances."
“Do you agree that Swansea University had evidence that it could reasonably base its belief that you had misconducted yourself?” Mr Laddie then asked. “I do not believe that,” Prof Clement said.
Prof Clement was also cross-examined about his early communications with Mr Dickmann and asked when the concept of the wellness village began. Prof Clement initially said: "My memory is that it started in early '17." However, Mr Laddie referenced an e mail from Mr Rodde to Mr Poole sent on May 3, 2016 regarding the Llanelli Wellness and Life Sciences Village, with diagrams attached. Prof Clement then agreed that, from the email, it was “clearly earlier” than the original date he that he had told the tribunal - “My recollection is at least six months out," he said.
Another email from Mr Dickmann to Prof Clement, sent on July 18, 2017, was also referenced by Mr Laddie. The email expresses the intention of Sterling to bid for the procurement process for the wellness village. “This email refers to a procurement process and that procurement process had a descriptor of the project and Swansea University were mentioned in that procurement specification. This was a procurement process for the Llanelli Wellness Village, if my memory serves me correctly,” Prof Clement said of the email, adding that Mr Dickmann was "starting a formal process of procuring" by sending him the email.
Mr Laddie asked if Mr Clement thought the the email was “misleading” as “to the first time reader the impression, one, that you and Dickmann barely know each other and two, that you know nothing of the wellness village.” Prof Clement disagreed that the email was misleading and said it was the commencement of a formal procurement process.
However, Mr Laddie referred to a document showing the text of the email from July 18 that was found on a flash drive in Prof Clement’s office, saved on July 17. When asked by Mr Laddie how the text from the email dated July 18 was on a flash drive in Prof Clement’s possession 24 hours before, Prof Clement said that he would have "helped" Mr Dickmann to “draft the first letter that started the procurement engagement.”
“You and Mr Dickmann were creating a false trail,” Mr Laddie put to Prof Clement. Prof Clement denied this.
The tribunal continues.
