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Agenda and minutes

Venue: Cabinet/Committee Room - 52 Derby Street

Contact: Kirsty Breakell 

Items
No. Item

9.

APOLOGIES

Minutes:

There were no apologises for absence received.

10.

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.

11.

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.

12.

DECLARATIONS OF INTEREST pdf icon PDF 299 KB

If a member requires advice on Declarations of Interest, they are advised to contact the Borough Solicitor in advance of the meeting. (For 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.

13.

EMPLOYMENT APPEALS PROCEDURE pdf icon PDF 98 KB

To note the procedure.

Minutes:

The Chairman referred to the above procedure.

14.

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) of Part 1 of Schedule 12A to the Act, and as in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

RESOLVED:             That under Section 100 (A) of the Local Government Act 1972, the public be excluded rom 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.    

15.

APPEAL AGAINST OUTCOME OF DISCIPLINARY HEARING (PAYROLL REFERENCE 2900656) (IDENTITY OF AN INDIVIDUAL - Paragraph 2 and LABOUR RELATIONS - Paragraph 4)

To consider the report of the Borough Treasurer.

 

Documents are attached as follows:

 

Management Statement of Case

Appendix A - Original Disciplinary Investigation Report Statement of Case.

Appendix 1–4

Appendix 5 (a-h)

Appendix 6 (a-b) –9

Appendix 10-13

Appendix B (A1, A2 & A3) - Management Statement of Case and Appendices

 

Appellants Statement of Case

  Appendix C - JK Statement of Case (PART 1)

  Appendix C - JK Statement of Case (PART 2)

 

Additional documents:

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 2900656 against summary dismissal.

 

That the grounds for appeal were:-

 

  • That the Appellant disagreed that he was culpable for the allegations made against him.
  • That the sanction imposed was unfair and unjust given the circumstances of the allegation.

 

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 by the Appellant.
  3. Questions were put to all parties and witnesses, by each of the Parties and Members.
  4. A summing up by Management and the Appellant.  

 

Following the conclusion of summing up, both parties 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