Former Bohemians chief scout David Henderson awarded €26,000 for ‘sham redundancy’

David Henderson has been awarded the maximum compensation of two years’ salary after the Workplace Relations Commission ruled his dismissal by Bohemians amounted to a ‘sham redundancy’.

The former club goalkeeper was sacked as chief scout last November by director of football Pat Fenlon on the orders of the board despite the club president Matt Devaney being unable to produce any meeting minutes at the hearing in May.

Adjudication officer Christina Ryan rejected the club’s redundancy grounds of budgetary cutbacks, concluding the treatment of Henderson was “shocking”.

In awarding the maximum 104 weeks of salary in damages for unfair dismissal, totalling €26,000, she said: “I find that the respondent (Bohemians) showed a cavalier disregard for due process and an unmitigated disregard for the law.

“I find that the dismissal of the complainant was nothing more than a sham redundancy carried out in a ruthless and dishonest manner without a single thought for the personal damage the respondent was inflicting on the complainant.”

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Attempts to resolve the dispute in the run-up to the hearing on May 13 failed.

“All I requested from the club was an apology for my reputation being tarnished,” said Henderson. “That would have averted the case because this wasn’t about money.”

The WRC was particularly critical of how alleged historical complaints formed part of the reasoning for Fenlon being instructed to “get rid of” his staff member.

When Fenlon relayed the board decision to Henderson on November 30, 2024, a letter of complaint was cited. The board refused Henderson’s request to view the letter, claiming the complaints were lodged verbally to the board on the condition of anonymity.

Goalkeeping coach Dave Henderson with goalkeepers Medbh Ryan, left, and Rachel Kelly during a 2024 season Bohemians squad portrait session at DCU Sports Complex in Dublin. Photo by Piaras Ó Mídheach/Sportsfile

“The director of football went on to detail 'the other issues', which can only be described as issues of misconduct,” outlined the adjudication officer in her conclusion.

“It was accepted by the respondent’s President (that these) went uninvestigated and were uncorroborated. Astonishingly, when questioned by the Adjudication Officer the respondent’s President confirmed in evidence that no letter of complaint ever existed.

“Taking into consideration the evidence of the respondent’s President and the complainant and the documentation furnished to the WRC, I find that these allegations were a gross fabrication designed to, for whatever reason, get rid of the complainant.

“I therefore find that there was no evidence before the WRC to support the respondent’s contention that a genuine redundancy situation existed.”

Henderson comes from the famous goalkeeping dynasty, son of the late Paddy and brother of fellow netminders Stephen and Wayne. His nephew, Stephen junior, also played in the English Championship.

He and Fenlon were former teammates, firstly at St Patrick’s Athletic where they won the 1990 title under Brian Kerr, and Bohemians.

His post-playing career primarily entailed supporting Fenlon in his various managerial jobs in Ireland and Scotland. He also operated as the Irish scout for Aston Villa.

Henderson didn’t apportion blame to Fenlon in his submission.

“This situation has severely impacted my ability to continue working within football, a sport to which I have dedicated over 50 years,” said the 65-year-old.

“The reputational damage has also resulted in a significant loss of earnings and career opportunities, both immediate and long-term. I am now perceived as someone who has been subject to safeguarding concerns, despite there being no formal complaint or evidence to justify such claims.”

He represented himself at Lansdowne House, thanking committee members of the ex-professional players body for flanking him.

The Adjudication Officer also expressed her dismay at the club representative’s unawareness of Henderson’s functions.

Rather than merely recruitment, it had expanded to “multi-faceted”, including women’s first team coach, chief scout for the academy and liaison with the respondent’s partner club, St Kevin’s Boys.

His scouting brief extended beyond the traditional remit of the national league underage circuit.

He identified Rhys Brennan playing for Crumlin United in the Dublin District league, the teenager whose winner at Shamrock Rovers in April acted as the catalyst for the first-team’s revival. They are currently joint third in the table, 11 points off leaders Shamrock Rovers but with two games in hand to contest this month.

A Bohemian FC spokesperson confirmed no appeal would be lodged. He said: “Bohemian Football Club acknowledges and fully accepts the adjudication of the Workplace Relations Commission. The club regrets the hurt caused to Dave Henderson, and acknowledges fully the failings in the club's procedures as detailed in the WRC ruling.

“Bohemian FC apologises to Dave Henderson unreservedly for these failings, and the board wishes to acknowledge and put on record our thanks for his service and considerable contribution to the club’s successes during his time as a player and as a coach, scout and head of recruitment.”

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