'I was sacked as I wanted to become a Scottish Labour MP'

Ms Jones decided to speak out publicly in a bid to highlight workplace barriers which can face people who hope to become MPs or MSPs and underline a key ruling by the tribunal that 'participation in democracy' is a right under equality legislation.

Her trade union Unison say her case may open the door to many other employees such as civil servants and council officials who may want to stand for election but whose contracts currently bar them.

Her intervention also comes amid longstanding concerns that too few women are putting themselves forward to become parliamentary candidates at Westminster and Holyrood.

In an exclusive interview with the Herald on Sunday, Ms Jones told how in October 2019 she decided to put her name forward to Scottish Labour to see if she could get selected as the party's candidate to fight the seat of Argyll and Bute (held by the SNP) at the general election.

A long time Labour member and activist she had started working for the SFHA in April that year.

The organisation is politically neutral and there was a clause in her contract headed “political activity”. It permitted membership of a political party, provided that the claimant should not hold any "formal role".

However, what counted as a "formal role" was not defined. It was unclear whether under her contract she could put her name forward to a Labour selection panel as a prospective candidate. Neither was it clear whether if she was selected as a candidate she could pursue this role in the hope of being elected as an MP.

Ms Jones said with the prospect of an election unlikely in April 2019 when she took up her post it was not a matter she asked her employer for more detail about at that point.

However, the political situation changed and that October former Prime Minister Boris Johnson called a snap general election in a bid to win a majority in the Commons and get his Brexit deal through parliament.

Encouraged by an all women shortlist for prospective candidates Labour introduced in Argyll and Bute, Ms Jones was keen to apply to be selected as the candidate.

However, she said that after telling her boss at the SFHA of her intention to put her name forward to the selection panel, she was told that she would have to make a choice of remaining in her job or standing for election.

She decided not to stand for election as her family were reliant on the financial support from her job.

Regardless of her decision, she was sacked the following month. By then Labour had selected its election candidates for the December poll and it was too late for her to be considered.

"I asked my boss if I could stand. Sometimes your contract says you can't do this type of thing. But my contract didn't say that. It wasn't clear, ", she told the Herald on Sunday.

"But she came back to me a week later and decided it wasn't possible.

"She said I had to choose between the job and standing for election. So I told her that I needed my job. I carried out with my job.

“I said I was disappointed and that it was a pretty normal thing to want to do in the kind of organisations we work for I thought everything would be fine. But clearly she was not of the same view and a couple of weeks later I got an email sacking me with immediate effect."

Ms Jones, 45, who lives in Helensburgh, was working from home at the time and she said she was told not to come into the office and that any of her belongings there would be returned to her. She said staff were also told not to contact her.

"Up until I told her of my hopes to stand for election, everything had been very positive. There was always very good feedback.

"But then everything seemed to change and a couple of weeks later I was sacked with immediate effect. They told all the staff they weren't allowed any contact with me. It was horrific. I felt like I had been punched in the stomach.

"I hadn't done anything wrong but I felt embarrassed. In the sector I work in, a lot of work I do in the third sector is about reputation. And I thought 'how am I going to get a new job?'"

She went to her trade union Unison who brought in solicitors to help take a case of unfair dismissal against the SFHA.

As she had not worked for the SFHA for two years she did not meet the usual length of service which entitles people to take a case of unfair dismissal.

However, a legal exception exists for people to take a case against their employer if they believe they have been sacked for their political beliefs.

The case was heard before an employment tribunal in November 2020, with the court sitting virtually, because of Covid restrictions. Ms Jones gave evidence from her home.

Her lawyers argued that it should be unlawful for an employer to dismiss someone for wanting to stand as a parliamentary candidate as this was a vital democratic role.

The SFHA argued that they were a politically neutral organisation.

The ruling, published on December 2020, said: "The claimant has a protected belief under the Equality Act 2010, specifically that “those with the relevant skills, ability and passion should participate in the democratic process”.

The SFHA challenged the decision with an appeal tribunal held in January 2022. A judgment on the case was published in July.

In a complex legal ruling the Judge Lord Summers accepted that "but for her candidacy for Scottish Labour she would not have been dismissed. In that sense her dismissal is related to her opinions and affiliation."

However, he also ruled that she could not claim that she was "unfairly dismissed" for her opinions.

Ms Jones considered challenging the appeal ruling by taking her case to the Court of Session but last month decided to settle the matter with her former employer.

A settlement was reached which allowed her to speak about the case and she has donated the money she received to three groups helping those in need.

She said her case raised wider issues about some employers' attitudes towards people who want to stand for election.

"I think there is a huge amount employers should be doing to help people who want to stand," she said.

"Our parliaments do not reflect our communities. Definitely in the case of women, but for lots of different groups of people. If people don't stand the pool of candidates and representatives gets narrower and narrower.

"Employers need to be smarter about this. And there are employers who see employees elected and they are really proud of it."

Ms Jones, who is now head of the food bank charity, the Trussell Trust in Scotland, said she was always politically neutral when working for the SFHA as she is in her current role.

"I know where the boundaries are. I know when I am representing an organisation - and to be politically neutral - and you know what you can do in your own time," she said.

"I also believe that being passionate about politics outside of work can help you understand how parties work which is knowledge which you can use to good effect in your work."

Just over a third (34%) of MPs elected in the 2019 General Election are women.

This was the highest number and proportion of female MPs ever recorded.

Some 220 of 650 MPs are women, up from 208 in 2017.

Ms Jones is still considering running as a parliamentary candidate for Scottish Labour, either for Westminster or Holyrood.

Peter Hunter, Unison regional manager, said: "Many employees in Scotland have contracts which bar them from taking part in party political activity. No offence to our councillors and parliamentarians but it might be argued we need all the talent we can get.

"Polly's case means that it may be unlawful to ban staff from that civic commitment of standing for election or just getting involved in democracy.

"Your political beliefs are a protected characteristic and this will have far reaching consequences particularly in the public sector. Civil servants and local govt employees in particular will now be allowed to stand for election and take part in public political activity.  

"Through principle and determination Polly has changed employment law in Scotland. We hope it opens the door for all workers interested in representing their communities, locally or nationally, without interference by employers."

The SFHA was asked to respond to Ms Jones comments to The Herald on Sunday including that the SFHA tried to put restrictions on her to stop her from talking to the press about the case.

Helen Forsyth, Chair of SFHA, said: “We entirely refute the allegations made by our former employee. We chose to settle this case in the interests of making best use of our resources: at a time when our members are facing increasingly serious challenges, it is vital that we are fully focused on supporting them in every way we can.”