Agenda and draft minutes

Members were asked to elect a Chair for the duration of the meeting.

RESOLVED that Councillor Harrison be nominated Chair of the Panel for the duration of the meeting.

There were no apologies for absence received.

There were no items of urgent business received.

There were no declarations of interest received.

RESOLVED that the Appeals procedure be noted.

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraphs 1and 2 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

The Chair of the Panel ensured that both parties were aware of the Appeals Procedure.

A Human Resources Business Partner, who had taken no part in the original decision, was in attendance to advise the Panel on matters of policy and procedures. 

The Appellant, supported by his Trade Union representative, presented his case. The Appellant called no witnesses.

The Dismissing Officer, supported by the Human Resources Advisor, presented the case on behalf of the Authority. The Dismissing Officer called no witnesses.

The Panel asked questions of both parties and both parties asked question of each other.

Both parties were given the opportunity to summarise their case.

At 11.20 am the Committee adjourned the meeting whilst deliberations took place regarding their decision. The parties were informed that they would be notified of the decision in writing within five working days.

RESOLVED unanimously that, having carefully considered all the information presented by the Appellant and the Dismissing Officer, the hearing be adjourned:-

1.     For further information to be provided by the Dismissing Officer as to the posts she considered for possible redeployment and what reasonable adjustments were considered before deciding they were unsuitable.

2.     For redeployment opportunities to be considered over a period of 8 weeks, the Panel to reconvene after that period if there were no suitable posts or a suitable post had not been accepted.

The meeting reconvened on 5^th November 2019 at 11.00am, with the same Panel and people in attendance.

The Committee considered the further information provided by the Dismissing Officer as to the posts she had considered for possible redeployment and what reasonable adjustments she had considered before deciding they were unsuitable.

Members were informed that an alternative employment had become available during the 8-week period. Reasonable adjustments had been made and a training plan put in place.

Both the Dismissing Officer and the Appellant confirmed they were satisfied that the Appellant could continue his employment in this post, subject to the outcome of the appeal. 

Both parties were given the opportunity to summarise their case.

At 11.17 am the Committee adjourned the meeting whilst deliberations took place regarding their decision.

The Panel was satisfied that that the Council’s policies and procedures had been followed correctly by the Dismissing Officer.

The Panel found that the relevant procedures had been followed.

RESOLVED unanimously that, having carefully considered all the information presented by the Appellant and the Dismissing Officer

1.     The decision to dismiss for gross misconduct was reasonable in all the circumstances and that decision was upheld.

2.     The Appellant would be re-engaged in the alternative employment opportunity as a new employee, subject to the satisfactory completion of the usual probationary period.

The meeting started at 11.00am  and ended at 11.46 am.