William Eichler 20 July 2018

Whistleblower loses ‘unfair dismissal’ case against council

Cheshire East Council has welcomed an employment tribunal decision which found a ‘whistleblower’ was not dismissed unfairly.

Council worker Sue Wallace wrote a report in 2016 which argued council care staff were paid below the minimum wage.

A Manchester Employment Tribunal panel found Ms Wallace had not been ‘unfairly dismissed’ as a result of her report because she had turned down other job offers to work in the authority.

However, as the BBC reports, the tribunal did note that the report’s findings should have been protected by whistleblowing policies.

Ms Wallace told the BBC she was ‘disappointed’ at the ruling.

Kath O’Dwyer, acting chief executive of Cheshire East Council, welcomed the decision.

‘Sue Wallace left council employment following the expiry of her fixed-term contract on 31 December 2016,’ she said.

‘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.’

For more on the sleep-in care question check out our feature, 'The sleep-in care crisis.'

SIGN UP
For your free daily news bulletin
Highways jobs

Assistant Finance and Business Development Manager

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £49,365 per annum
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Senior Occupational Health Advisor

Durham County Council
£44,075 to £48,226 p.a. (Grade 12) pay award pending
Due to increased service demand we have an exciting opportunity for an additional Senior Occupational Health Nurse to join our well-established in-hou Durham
Recuriter: Durham County Council

Social Worker

Durham County Council
£35,412 - £39,152 / £40,777- £45,091 pro rata i.e. grade 9 pre progression/grade 11 post progression
We seek a full-time, permanent Social Worker who is calm under pressure and passionate about improving the lives of service users. WHAT IS INVOLVED? Durham
Recuriter: Durham County Council

Young Person's Advisor

Durham County Council
Grade 8 - £32,597 - £36,363
X1 Young Person’s Advisor – Full-Time (Temporary for 12 months) An exciting opportunity has become available within the Unaccompanied Asylum-Seeking Spennymoor
Recuriter: Durham County Council

Sufficiency Support Officer

Durham County Council
£28,142 - £31,022
Do you want your work to make a real difference to the lives of children and young people in our care?   This is a brilliant opportunity to join a new Spennymoor
Recuriter: Durham County Council
Linkedin Banner