Agenda and minutes

Employment Appeals Sub-Committee - Thursday, 9th June, 2016 10.30 am

Venue: Council Chamber, 52 Derby Street, Ormskirk L39 2DF

Contact: Julia Brown 

Items
No. Item

1.

APOLOGIES

Minutes:

There were no apologies for absence received.

 

2.

MEMBERSHIP OF THE COMMITTEE

To be apprised of any changes to the membership of the Committee in accordance with Council Procedure Rule 4.

Minutes:

There were no changes to Membership of the Committee.

 

3.

URGENT BUSINESS, IF ANY, INTRODUCED BY THE CHAIRMAN

Note: No other business is permitted unless, by reason of special circumstances, which shall be specified at the meeting, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency.    

Minutes:

There were no items of Urgent Business.

 

4.

DECLARATIONS OF INTEREST

If a member requires advice on Declarations of Interest, he/she is advised to contact the Borough Solicitor in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of this agenda sheet.)

 

Minutes:

There were no declarations of interest.

 

5.

EMPLOYMENT APPEAL PROCEDURE

To note the procedure.

Minutes:

The Chairman referred to the above procedure.

 

6.

EXCLUSION OF PRESS AND PUBLIC

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item(s) of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act and as, in all the circumstances of the case the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.  The nature of the exempt information and the relevant exemption paragraphs are shown in brackets after the report title.

 

P A R T   2

(Not open to the Public)

Minutes:

RESOLVED:               That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 2 (Identity of an Individual) and Paragraph 4 (Labour Relations) Part 1 of Schedule 12A outweighs the public interest in disclosing the information.

 

7.

APPEAL AGAINST SUMMARY DISMISSAL - EMPLOYMENT PAYROLL NUMBER 2900410

(IDENTITY OF AN INDIVIDUAL / LABOUR RELATIONS - Paragraphs 2 & 4)

To consider the report of the Borough Treasurer.

Minutes:

The Chairman welcomed both parties to the meeting.

 

Members were informed that the Sub – Committee was meeting to consider an appeal by an employee of the Council against summary dismissal.

 

In considering the Appeal the Sub – Committee had before it the following documents:-

 

  1. Management Statement of Case and Appendices.
  2. Investigation Statement of Case and Appendices.
  3. Supporting Documentation provided by Employee Payroll Number (2900410) and Ray Carrick (GMB representative) following the Disciplinary Hearing.  Also includes a response from Mr G Concannon and communication from ACAS.

 

The Sub – Committee, in accordance with the procedure heard the following aspect of the Appeal;

 

i.          An oral submission by Management.

ii.          An oral submission on behalf of the Appellant.

iii.         Questions put to each party by the other and questions put by Members to each party.

iv.        Questions put to all witnesses by each of the parties and Members.

v.         A summing up by Management and the Appellant’s Representative.

 

Following the conclusion of summing up, both parties, together with the representative, withdrew from the meeting and the Sub – Committee gave consideration to their decision.

 

The Sub – Committee came to the following conclusion:-

 

RESOLVED:               That the Appeal be Dismissed.