Council successfully defends employment tribunal against former HR officer

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A former senior HR Officer who claimed she has been unfairly dismissed after raising concerns that some care staff who worked 'sleep-in shifts' had not been paid the minimum wage has lost her employment tribunal.

Sue Wallace claimed she was treated unfairly and dismissed in December 2016 after making a whistleblowing disclosure.

Kath O'Dwyer, acting chief executive of Cheshire East Council, said: "We welcome the employment tribunal ruling.

"Sue Wallace left council employment following the expiry of her fixed-term contract on 31 December 2016. Ms Wallace alleged that she was treated unfairly and dismissed due to her making a whistleblowing disclosure relating to payment of the national minimum wage for staff working sleep-in shifts.

"The tribunal fully rejected these claims, following a thorough, 10-day hearing, which concluded on 15 June 2018. The unanimous judgement of the tribunal was that all claims failed and were dismissed.

"The council regrets that this matter could not be resolved prior to legal proceedings but, after full consideration of the circumstances, we felt that there was no alternative but to defend the allegations made.

"Staff are our most important asset and are essential for the effective delivery of council services. The council is committed to ensuring that all of our staff feel safe and able to raise any concerns they may have about work matters.

"We have a range of processes and procedures to support staff where they have concerns, including the council's whistleblowing policy, which was reviewed earlier this year in partnership with the whistleblowing charity Public Concern at Work."

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Cheshire East Council
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Comments

Here's what readers have had to say so far. Why not add your thoughts below.

Julian Barlow
Wednesday 18th July 2018 at 4:19 pm
For a local authority normally so reluctant to disclose the details of staff dismissals and investigations, CEC have been uncharacteristically enthusiastic in disclosing the details of this particular case. I hope this new found zeal for transparency and honesty will be in evidence when they're asked to address the far more important investigations currently being carried out at CEC, and not just when they have an opportunity to humiliate a well meaning individual.
Jon Armstrong
Wednesday 18th July 2018 at 5:20 pm
That's emotive languague, Julian. Not renewing a fixed term contract is not dismissing or humiliating anyone... That's what fixed term contracts are - fixed.
Friday 20th July 2018 at 7:41 am
Agree Jon. Hasn’t the staff member caused the publicity anyway by taking this to tribunal? Cheshire East should defend it’s position and publish the result. It’s a different matter when the staff issue is internal.