England: ECB facing a second legal fight with sacked receptionist (16 October 1998)

16 October 1998

England: ECB facing a second legal fight with sacked receptionist

By Mihir Bose

THE England and Wales Cricket Board are facing further legal action from Theresa Harrild, the former receptionist who in March won a claim for sexual discrimination against the ECB at the Industrial Tribunal.

In a High Court writ issued yesterday Harrild claims damages from the ECB for alleged libel and breach of contract. She alleges that there has been a breach of terms agreed in May in settlement of her libel complaint that remarks made by Tim Lamb, chief executive of the ECB, in the days that followed the tribunal verdict suggested she was a liar. Under that settlement she was paid damages described at the time as "substantial".

Harrild's latest legal action has been prompted by an interview given by Medha Laud, international administrator of the board, in the October issue of Wisden Cricket Monthly. Harrild has cited the magazine and Laud as co-defendants in her libel action.

The Harrild affair, which has already cost the ECB several tens of thousands of pounds in compensation and legal costs, could now involve considerable further expense and, given that cricket is pleading poverty, it raises fresh questions about how the whole issue has been handled.

At the Industrial Tribunal hearing Harrild, who had been employed as a £14,000 per annum receptionist, described how she had been made pregnant by a colleague, whom she did not name but who was later identified as Nick Marriner, in charge of youth cricket.

After she confided in her immediate superior she was summoned to see Lamb, who allegedly told her that she was a bright girl but would not be considered for promotion if she had children and urged her to make up her mind about the pregnancy. When Harrild said she did not have the cash for an abortion and it would take weeks on the NHS, Lamb allegedly said he would have a word with Cliff Barker, the deputy chief executive and chief finance man of the ECB.

Barker allegedly told Harrild that the ECB would pay for the abortion. She was put up by the board at a Regents Park hotel and the day after her abortion paid £400. Barker then visited her at her home in Blackheath and allegedly told her she was being dismissed and offered £1,000 and additional unspecified sums to be a "good girl".

Harrild also told the tribunal how Lamb referred to some women cricketers as 'dykes' and how it would be useful to have them on board to get Lottery money.

Christopher Carstairs, the tribunal chairman, ruled in Harrild's favour saying: "The tribunal is unanimous in finding Miss Harrild's evidence was truthful".

The ECB were not represented at the tribunal but gave written evidence instead.

Lamb, in an interview after the Industrial Tribunal's verdict, denied the ECB was a sexist organisation saying: "We are proud of being a fair and caring employer, we have a very good record of staff loyalty."

He then went on to comment on the allegations made by Harrild. This led to Harrild's first libel complaint against the ECB and this was quickly settled.

In a statement jointly issued with Harrild's solicitors, Lord MacLaurin, chairman of the ECB, expressed "sincere regret" to Harrild for any distress caused by the "subsequent press statements". He assured her that "the ECB had no intention of suggesting that she had done other than provide an honest recollection of events to the industrial tribunal."

The joint statement also confirmed that the ECB had agreed to pay Harrild a "substantial sum" and her legal costs. Neither party had any further comment to make.

The current issue of Wisden Cricket Monthly, described as the women's issue and designed to coincide with the MCC vote to admit women, includes an interview with Medha Laud. Laud, asked about the Harrild case, made various comments and it is one of these that is alleged to have again libelled Harrild.

Through their solicitors, the ECB have disclaimed any responsibility for the Laud interview. They claim she granted the interview after being personally contacted by a WCM journalist.

Laud, who has now had to hire her own lawyer, claims that in the WCM interview she was seeking to give a general impression of the office environment at the ECB and how it affected women like her.

Christopher Lane, managing director of Wisden Cricket Monthly, said: "We have received a complaint from solicitors instructed by Theresa Harrild which refer to an interview we published with Medha Laud in the October issue of Wisden Cricket Monthly and in the interview she comments on the ECB office environment. It is being claimed that her words as published inferred that Teresa Harrild had lied to the Industrial Tribunal.

"It was never Medha's or our intention to give any such impression at all and our solicitors have drawn Ms Harrild's attention to the fact that the words their client complained of must be read in the context of the article as a whole."

He added: "As soon as we received Ms Harrild's complaint we instructed our solicitors to write to Ms Harrild's solicitors that we are ready to make this clear and apologise if any such inference has been drawn."

Richard Peel, corporate affairs director of the ECB, declined to comment.

Source :: Electronic Telegraph (https://www.telegraph.co.uk)