Sue Gray “breached Whitehall impartiality rules” when she had talks with Labour about becoming Sir Keir Starmer’s chief of staff while she was still working as a civil servant, an investigation has found.
An official Cabinet Office inquiry found she could have been “suspended or sacked had she not quit”, The Telegraph reports.
As second permanent secretary in the Cabinet Office, Ms Gray compiled the report into the Partygate scandal which contributed to the downfall of Boris Johnson as prime minister.
The after effects of the illicit gatherings by Tory members are still being felt with a new video on Saturday showing a party organised by Shaun Bailey’s mayor of London campaign team at the heart of lockdown restrictions in December 2020.
Ms Gray resigned in March to take the job with the Labour party leader although the move is still being scrutinised by the Advisory Committee on Business Appointments. It is customary for senior civil servants to take a three month sabbatical before taking a private sector job.
The Telegraph reported on Saturday that in talking to Labour while still in post Ms Gray “fell short” of “the requirements of both the Civil Service Code and her employment contract”.
The findings of the report, written by one of Ms Gray’s successors, Darren Tierney, was reprinted by the right-leaning newspaper on Saturday.
“[Ms Gray’s] contract, as with all permanent secretary contracts, was clear on the conduct expected of her, including with regard to declaring any conflicts as they arose,” Mr Tierney said in the document.
“The civil service code outlines the requirement on all civil servants to conduct themselves with integrity, openness, and impartiality.
“During the period in question, it is my view that [Ms Gray] fell short of these expectations and as a result acted in breach of the civil service code as well as her contractual obligations.”
“Had a charge of gross misconduct been upheld, she would likely have been summarily dismissed,” he added.
Ms Gray could not be reached by The Independent for comment but her union, the FDA, has said she denied breaching the code or her employment contract.
The Advisory Committee on Business Appointments (ACOBA) has not yet returned its findings.
It had previously been reported that Ms Gray was not cooperating with a separate investigation being led by the government.
Dave Penman, the general secretary of the FDA, previously told Times Radio: “Sue has got a right not to take part in an investigation that is being conducted under rather less clear processes. She can speak for herself or not.
“She has chosen not to make any public comment because really what she is concentrating on is Acoba. She resigned as a civil servant, it doesn’t surprise me that she wouldn’t take part in a process when she is going through Acoba.”
It is expected Ms Gray will join Sir Keir’s team in the autumn as Labour pushes ahead of the expected 2024 election.
