Wiltshire Council is appealing the Employment Tribunal verdict

Wiltshire Council CEO Terence Herbert was found to have acted illegally

Wiltshire Council appealed after its CEO was deemed to have acted illegally when he contacted staff ahead of industrial action.

Mr Terence Herbert was found to have breached section 146(b) of the Trade Unions and Labor Relations Act, of acting to discourage legitimate trade union activity, when he sent an email to staff relating to proposed changes to the terms and the conditions of some employees.

The case was heard at Bristol Employment Tribunal in February 2024.

The council is challenging the tribunal’s verdict that an effort was made to prevent employees from taking industrial action, with Mr Herbert saying after the decision that he was disappointed with the outcome.

The notice of appeal was filed in early May based on a number of factors, including:

• The Tribunal’s interpretation of the general purpose behind the email in question.
• Findings that the plaintiffs suffered damage as a result.
• Interpretation of section 146 of the Trade Unions and Labor Relations Act 1992.

Mr Herbert said: “We have not taken the decision to appeal lightly, but having carefully considered legal advice, we believe this is the correct course of action.

“We have always believed that our position on this matter is strong and that the email at the heart of this matter was intended to correct inaccurate information and to reassure staff that the council is working to resolve this as quickly as possible as our priority has been , and remains, the well-being of our staff.

“This appeal does not change our goal to resolve the terms and conditions issue as quickly and fairly as possible. Given that this is now an ongoing case, it would be inappropriate to comment further at this stage.”

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