Agenda and minutes

Employment Appeals Sub-Committee - Monday, 8th October, 2018 10.30 am

Venue: Cabinet/Committee Room - 52 Derby Street

Contact: Julia Brown 

Items
No. Item

1.

APPOINTMENT OF CHAIRMAN

To appoint Chairman for the meeting.

Minutes:

That Councillor Wright be appointed Chairman for the meeting.

2.

APOLOGIES

Minutes:

There were no apologies for absence received.

3.

MEMBERSHIP OF THE SUB - COMMITTEE

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

Minutes:

There were no changes to the Membership of the Committee.

4.

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.

5.

DECLARATION OF INTEREST pdf icon PDF 299 KB

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 received.

6.

EMPLOYMENT APPEALS PROCEDURE pdf icon PDF 98 KB

To note the Employment Appeals Procedure.

Minutes:

The Chairman referred to the above procedure.

7.

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 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 Paragraph 2 (Identity of an Individual) and paragraph 4 (Labour Relations) Part 1 of Schedule 12A to the Act and as, in all 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.

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.

8.

APPEAL AGAINST OUTCOME OF DISCIPLINARY HEARING - EMPLOYMENT PAYROLL NUMBER (2900123) (IDENTITY OF AN INDIVIDUAL - Paragraph 2 and LABOUR RELATIONS - Paragraph 4)

To consider the report of the Director of Leisure and Environment.

 

Documents are attached as follows:-

 

Management Statement of Case and Appendices.

 

Appellants Statement of Case.

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 payroll 2900123 against summary dismissal.

 

That the grounds for appeal were:-

 

·         That the sanction imposed was unfair and unjust given the circumstances of the allegation and that no allowance was made for his 32 years exemplary service with the Council.

·         A full and thorough investigation of the incident did not take place in that all parties involved were not interviewed.

 

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

 

Management Statement of Case and Appendices.

Appellant Statement of Case and Supporting Documents.

 

 

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

 

  1. An oral submission and cross examination by Management.
  2. An oral submission and cross examination on behalf of the Appellant.
  3. 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 in its entirety.