THE embattled chief executive of Liverpool's Culture Company could have a good case for unfair or constructive dismissal as a result of a leaked email, legal experts have said.
Jason Harborow has been under fire ever since the Culture Company pulled the plug on the Mathew Street festival at three weeks notice.
Despite calls for heads to roll - both at political and officer level - so far, no-one has left their post as a result.
But on Tuesday, an email sent by council leader Warren Bradley to city council chief executive Colin Hilton was leaked to the Press.
Sent hours after the cancellation of the festival, Cllr Bradley demanded that Mr Harborow be relieved of his post.
The fact that never happened has raised questions over the power Cllr Bradley has in the town hall, but legal experts now believe Mr Harborow would have a case for constructive or unfair dismissal against the council.
Well known employment law barrister Barry Harwood said said the issue Mr Harborow would have to make a judgement call on was whether he felt his position had been made untenable by the disclosure of the e-mail.
He said there was an implicit trust and confidence between employers and employees, and Mr Harborow would have to prove the relationship had been destroyed.
If the case went to an employment tribunal it would have to be decided if this had happened, on the balance of probabilities.
By remaining in post without lodging a formal grievance, anyone in Mr Harborow’s position could weaken their position if they decided to take action later, said Mr Harwood.
Freeman of the city and prominent solicitor Rex Makin said: "As far as employment law is concerned, this situation bristles with difficulty for the council and Jason Harborow."
He said: "There are strict procedures which do not appear to have been followed. It appears they have been railroaded."
Cllr Steve Radford, leader of the Liberal group, who has 30 years’ experience as a personnel manager, said the leaked e-mail had left the council "wide open" to unfair or constructive dismissal charges.