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

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Duncan Marr
Wednesday 25th July 2018 at 8:55 am
Irrespective of the rights or wrongs of this particular case, it is indeed a sad day for CE ratepayers that our funds have been used to discourage whistleblowers.