Agenda and minutes

Employees Committee (Appeals) - Thursday, 12 October 2023 10:15 am

Contact: Aqil Sarang, Democratic Support Officer, tel: 0116 454 5591 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

2.

DECLARATIONS OF INTEREST

Members are asked to declare any interests they may have in the business to be discussed.

Minutes:

No declarations of interest were made.

3.

PRIVATE SESSION

PRIVATE SESSION

 

AGENDA

 

MEMBERS OF THE PUBLIC TO NOTE

 

Under the law, the Committee is entitled to consider certain items in private. Members of the public will be asked to leave the meeting when such items are discussed.

 

The Committee is recommended to consider the following item in private on the grounds that it contains ‘exempt’ information, as defined by the Local Government (Access to Information) Act 1985, and consequently that the Committee makes the following resolution:-

 

“that the press and public be excluded during consideration of the following item in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of exempt information, as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information”.

Minutes:

RESOLVED:

            that the press and public be excluded during consideration of the following item in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of exempt information, as defined in the paragraph detailed below of Part 1 of Schedule 12A of the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information:

 

Paragraph 1

Information relating to any individual

4.

APPEAL AGAINST DISMISSAL

The Appellant’s Statement of Case and the Management’s Statement of Case are attached for all parties, along with a collection of background and general information.

Minutes:

The Committee considered an appeal against dismissal from the post of Multi-trade operative (with electrics) on the grounds of attendance.

 

Nicola Graham (Human Resources Team Manager) and Chris Burgin (Director, Housing) were present as advisor to the Committee.

 

The management representative was Martyn Bell (Repairs Manager). Carolyn Joseph was present as HR Advisor to management.

 

The appellant was present at the meeting and represented by Ty Denton (Unite).

 

The Committee carefully considered all representations made to it and the written evidence submitted, upon which it was able to ask questions.

 

RESOLVED:

Management’s decision to dismiss was upheld and the appeal was rejected.

 

REASON FOR DECISION:

 

The Committee carefully considered all the representations made to them both written and verbal.  In particular, the Committee were very grateful for the appellants honesty throughout this process and how difficult the impact of their condition had been.

 

The panel listened to management’s presentation and the level of support that they had been able to evidence they have provided.  They were satisfied that management had offered a range of reasonable adjustments and had provided clear evidence of the impact of the appellants absence including how these might affect the constituents who LCC serves.  Martyn Bells presentation indicated to the panel that he had formed a balanced and fair view and that there were no procedural errors.

 

The panel were satisfied that management had conducted a fair hearing.  The panel therefore upheld management’s decision to dismiss the appellant from their role as Multi-trade operative (with electrics) attendance and rejected the appeal.

 

5.

ANY OTHER URGENT BUSINESS

Minutes:

With there being no further business, the meeting closed at 3.10pm.