Historic Environment Scotland staff consider legal action over failure to sack boss in racism row
EXCLUSIVE: Furious staff have accused Culture Secretary Angus Robertson of "doing nothing" to clear up the mess at the scandal-hit quango.
Fed-up workers at the country's leading heritage organisation are considering launching legal action against their own bosses for failing to resolve a racism row.
Historic Environment Scotland (HES) has become mired in scandal this year after senior staff became embroiled in a vicious power struggle at the top of the taxpayer-funded organisation.
It comes after Angus Robertson, the SNP Culture Secretary, was accused by opposition parties of being "asleep at the wheel" and failing to get a grip of the crisis.
HES staff have also blasted Robertson for "doing nothing" despite repeated complaints being raised about the conduct of HES management.
A whistleblower said they felt "ashamed" of the quango, which recently awarded senior bosses a 20 per cent pay hike despite facing a multi-million pound budget deficit.
The Record understands several workers are now considering legal action over the failure to sack the HES director of operations.
Craig Mearns previously admitted to having pointed at tourists at Edinburgh Castle and telling another staff member "look at those chocolates".
The former Royal Navy officer was allowed to keep his job following an internal investigation. Mearns later apologised to his HES colleagues during an all-staff video call during which the comment function was turned off.
An insider said: "We feel powerless and frustrated because nothing happens despite a massive outpouring of anger and distress.
"This makes me and many others ashamed of HES but it goes further - appeals to the First Minister and every single political leader are met with silence.
"Even our unions don't know what to do."
Sir Mark Jones, the new HES chair, told MSPs yesterday that he was investigating numerous allegations of corruption at the organisation.
But HES staff are sceptical he will deliver any real change. One said: "Our new chair - the archetypal society man - has done nothing. Angus Robertson has said or done nothing. All of them hide behind process as convenient."
They added: "For people like me and many others it says HES and Scottish Government is institutionally racist.
"I cannot describe how ashamed that makes me feel but the evidence is plain to see. Why will nobody in authority step up?
"A group of staff are now considering legal action against HES and the Scottish Government for their failures under the Health and Safety and Equalities Act.
"This seems to be the only language they understand. The scale of that claim will dwarf what Mearns may or may not have done."
Jones today told members of Holyrood's culture committee that five dossiers of evidence were sent to Scottish ministers, the HES board, and Audit Scotland between July and September 2025.
Asked how many senior staff at HES were currently suspended, Jones said the number was two. He said he did not want to “prejudge” any investigations, but added: “It would surprise me if nobody left the organisation over the next few months.”
Asked about “dog-fighting” within HES, Jones said he agreed there was an issue, but resisted calls to immediately launch a full probe into the culture at the body.
He also told Green MSP Patrick Harvie that HES had a “zero tolerance” approach to racism.
Harvie replied: "Zero tolerance to me would mean that those who have been found to have expressed racist views or attitudes would no longer have a role in the organisation. Is that your understanding of what the phrase zero tolerance means?"
“No, that's not my understanding,” Jones said. “My understanding is that what it means is that wherever it's encountered, it will be dealt with appropriately.”
An HES spokeswoman said: "Historic Environment Scotland has not been made aware of any proposed legal action by staff in relation to the matters raised. We take all concerns seriously and have robust internal policies and procedures in place to ensure that any allegations are investigated thoroughly and handled appropriately.
"Our commitment to zero tolerance means that where issues are identified, they are addressed in line with our policies and appropriate sanctions are applied. This was the approach taken in the case involving the Director in question, where appropriate action was taken in line with our policies.
"We are aware of the strength of feeling among some colleagues and remain focused on listening, learning, and taking meaningful action."
A Scottish Government spokesman said: "The Scottish Government will work with the chair and HES Board to ensure all necessary actions are taken following the conclusion of all investigations that are currently underway.
"Following his appointment by the Culture Secretary, Sir Mark Jones’ priorities as Chair are to ensure HES has the trust of the public and its partners."
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