After
considering the public report, Cabinet deferred reaching a decision until
considering the private report and then resuming the public session. It was proposed that a further option, Option
5, be added at Recommendation 2.7.5 of the report as set out below, which was
agreed.
On 12
February 2019, Cabinet:-
(i) Noted
the contents of this Report and the accompanying Private Report;
(ii) Noted
the options available to the City Council for managing the current Industrial Action
as set out in section 7 of this report;
(iii) Noted
the advice of the Monitoring Officer and the Chief Finance Officer as set out
in this report and in the private report;
(iv) Noted
that Cabinet will be required to take into account any recommendations made by
the District Auditor;
(v) Noted
that Unite the Union have been offered binding arbitration and have declined. UNISON has not yet been offered this route
and ACAS talks with UNISON continue. In such circumstances, the decision of Cabinet
on 15th January 2019 was to commence the legal processes for a court application
with a view to preventing the unlawful industrial action of both Unite the
Union and UNISON from continuing as set out this report;
(vi) Noted the
updated Contingency Plan attached at Appendix 2 of the report;
(vii) Considered
the benefits and risks associated with each option and the accompanying private
report, and approved Option 5 as set out below:
(a) Option 1 – do nothing and await the
outcome of the employment tribunal litigation or any litigation issued by the
council as set out in this report; or
(b) Option 2 - to offer a one-off payment (as
set out in para 7.2 this report) to the members of Unite the Union to settle
the current employment litigation between the Council and Unite the Union; or
(c) Option 3 – to make a payment (as set out
in para 7.3 of this report) to resolve the dispute; this option is not
recommended due to significant legal and financial risks; or
(d) Option 4 – re-affirm the decision reached
at Cabinet on 15th January 2019 and to issue forthwith injunction proceedings
as set out in Cabinet Report 15th January 2019 (Appendix 1) of the report.
(e) Option 5 –
-
To approve formal
offers (as set out in the private report) to be presented to Unite the Unison
and UNISON via ACAS conciliation on Tuesday 12 February 2019 to settle the employment
tribunal litigation issued against the Council by Unite the Union and the early
conciliation claims issued by UNISON and, if those offers are not accepted by
close of business on Tuesday 12 February 2019, to commence the legal process
for a court application with a view to preventing further unlawful industrial
action by both Unite the Union and UNISON.
-
To note that the
offer will be made subject to the Council’s call in requirements and any
injunction proceedings issued in the High Court by the Council will be subject
to the Council’s call in period, however any pre action correspondence with
solicitors acting for Unite the Union or UNISON regarding the proposed
injunction proceedings will take place within this call in period and does not
negate a call in.
(viii) Agreed to
delegate to the Head of Paid Service, Chief Finance Officer, the City Solicitor
and the Acting Director Neighbourhoods, acting together, to implement the decision
arising from consideration by Cabinet of the options above in accordance within
the financial and legal terms set out in this report and in the Private report
in the shortest time possible, having regard to the relevant call in period.
THE
DEADLINE FOR CALL IN IS 1600 HOURS ON FRIDAY 15 FEBRUARY 2019.
On Thursday 14 February 2019 at 1415 hours, a request for call-in was submitted by Councillors Phil Davis and Mary Locke. No Action on the decision can be taken until the request for call-in has been considered by the Co-ordinating Overview and Scrutiny Committee within 15 days of the decision being posted.