CHESHIRE West and Chester Council has withdrawn threatened High Court action to stop its workforce going on strike this Easter bank holiday weekend.
The authority considered the action after accusing the unions of putting vulnerable clients at risk by refusing to grant key workers an exemption not to strike.
Union leaders have refuted the allegation claiming the problem was managers had been ‘obstructive’ during the process to agree exemptions.
Council staff are striking after new contracts were imposed which mean employees who work unsocial hours, like librarians and care workers, receive a ‘flat rate’ instead of overtime payments.
Council spokeswoman Rachel Ashley said: “We urged the unions to make exemptions in the case of those workers caring for some of the most vulnerable adults in our community, but this request was refused.
“We have a duty of care to these individuals who, without specialist round-the-clock care, would pose a serious danger to themselves, other clients and members of the public.
"This left us with no option but to apply for a High Court injunction to halt action among this group of workers, who are being paid by the unions to go on strike."
Mrs Ashley said the unions had since informed the council they were prepared to explore the possibility of exemptions, however, this could not be resolved in time for the strike.
She confirmed agency workers had been brought in to provide sufficient cover.
Teresa Connally, branch secretary of the West Cheshire Unison branch, said: “We have given exemptions for members dealing with vulnerable clients as per normal and there are well established procedures because Unison understands that certain protections are needed for life and limb situations.
“The council have been obstructive all the way through this process when we were trying to agree exemptions.”
On the prospect of a High Court injunction, Maria Moss, Unison regional organiser said: “The High Court proceedings were never even served. The council threatened Unison with legal action. However when this was challenged by Unison's solicitors the council’s solicitors withdrew their threat.”
