Wiltshire Council lodge appeal over employment tribunal verdict
Wiltshire Council CEO Terence Herbert was ruled to have acted unlawfully
An appeal has been made by Wiltshire Council after it's CEO was deemed to have behaved unlawfully when contacting staff ahead of industrial action.
Mr Terence Herbert was found to have breached s146 (b) of the Trade Union and Labour Relations Act, of acting to deter legitimate trade union activity, when sending an email to staff, related to proposed changes to the terms and conditions of some employees.
The case was heard at Bristol Employment Tribunal in February 2024.
The council is disputing the tribunal's verdict that an effort was made to prevent staff tacking industrial action, with Mr Herbert saying after the decision was handed down that he was disappointed with the outcome.
Notice of appeal was submitted in early May on the basis of numerous factors, including:
- The Tribunal’s interpretation of the overall purpose behind the email in question.
- The conclusions that the claimants had suffered a detriment as a result.
- The Interpretation of section 146 of the Trade Union and Labour Relations Act 1992.
Mr Herbert said: "We haven’t made the decision to appeal lightly, but after carefully considering legal advice, we feel this is the correct course of action.
“We have always believed our position in this case was strong and that the email at the heart of this issue was intended to correct inaccurate information and reassure staff that the council was working to resolve this as swiftly as possible, as our priority throughout has been, and remains, the wellbeing of our staff.
“This appeal does not change our focus to resolve the terms and conditions issue as quickly and fairly as possible. Given this is now an ongoing case, it would be inappropriate to make further comments at this stage.”