Wiltshire Council to ditch appeal against employment tribunal judgment

Wiltshire Council is to withdraw an appeal against a finding by an Employment Tribunal that an email sent by the local authority’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter union members from voting in favour of a strike.

The Employment Tribunal in Bristol ruled in March 2024 that a claim from GMB members that they suffered a detriment under the Trade Union and Labour Relations (Consolidation) Act 1992 was "well-founded".

The email was sent by then chief executive Terence Herbert in November 2022 on the eve of the vote. It set out his position regarding an ongoing dispute concerning the removal of contractual out-of-hours pay enhancements.

In May 2024 the council confirmed that it had lodged an appeal in relation to a number of 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, and the Interpretation of section 146 of the Trade Union and Labour Relations Act 1992.

However, the council this month confirmed the appeal would be withdrawn.

Lucy Townsend, chief executive of Wiltshire Council, said: “Wiltshire Council has made the decision to withdraw its tribunal appeal.

“After careful consideration, we feel it is an opportunity to draw a line under previous matters. While we believe the council acted appropriately throughout, we recognise the importance of having strong relationships and ensuring that we work collaboratively with both our trade unions and our staff. We hope that by concluding this matter we can move forward constructively and focus on the future.”