Yorkshire hope to demonstrate that the dismissals of the former head coach, Andrew Gale, and five other former members of staff were “necessary and justified” after conceding last week that they did not follow standard disciplinary procedures before sacking them in 2020.
An employment judge ruled that the six had a “fair and well-founded” case for unfair dismissal, after a hearing that was not contested by Yorkshire. The decision means the case will progress to a full tribunal, which has been scheduled to start on 31 October.
In all 16 people, not all of them directly employed by the club, were sacked after accusations by Azeem Rafiq that he had been racially abused while at Yorkshire, six of whom are now seeking legal redress. “The claimants’ complaints of unfair dismissal are well founded,” the employment judge Joanna Wade concluded last week. “Remedy and any other complaints proceed to hearing unless otherwise resolved.”
Yorkshire insist their decision was reasonable, with their employees’ behaviour sufficiently serious to merit immediate termination, and intend to vigorously defend their position at that hearing.
“The club acknowledges the judgment that no disciplinary process was followed, which it has accepted in order to minimise the tribunal time taken up by these cases,” Yorkshire said in a statement.
“At this preliminary stage the tribunal has not made any judgment on the reasons for dismissal and the club’s firm view is that the dismissals were necessary and justified.”
The former staff – who in addition to Gale include the bowling coach Rich Pyrah, the academy lead Richard Damms, the second-team coach Ian Dews and the strength and conditioning coaches Ian Fisher and Peter Sim – have now requested judicial mediation, in the hope of reaching a financial settlement with Yorkshire before the October hearing.
Gale played for Yorkshire as a batsman and captain, leading the side to the County Championship title in 2014 and 2015, before becoming first-team coach in 2016. He was suspended in November 2020 after a tweet emerged that he posted in 2010.
Gale and Moxon had been heavily criticised at a digital, culture, media and sport select committee hearing at Westminster as Rafiq repeated his call for them to step down from their roles at the club.
