Agenda and minutes

Employees Committee (Appeals) - Monday, 27 November 2017 10:15 am

Venue: ROOM 1.24, FIRST FLOOR, TOWN HALL, TOWN HALL SQUARE, LEICESTER

Contact: Anita James, Democratic Support Officer 0116 4546358 Email: anita.james2@leicester.gov.uk 

Items
No. Item

6.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

7.

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.

8.

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

9.

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 employment with the City Council under the Disciplinary Procedure.

 

Nicola Graham (HR Team Manager) and Alison Greenhill (Director of Finance) were present as advisors to the Committee.

 

The management representative was Tom Shardlow (Senior Project Manager).  Simone Louis (HR Advisor) was present as HR advisor to management.

 

The appellant was present and was accompanied by Dave Mitchell of Unison trades union.

 

The appellant did not call any witnesses.  Management called Caroline Stokes as a witness.

 

Both parties were asked if they were content that Michelle Joseph was not present as a witness and both agreed that her presence would cause unnecessary distress, as her integrity was not being called into question.

 

The Committee considered the written submissions and discussed and took into account the evidence from management and the appellant in coming to its decision. 

 

RESOLVED:

That the appeal be rejected and the management decision to dismiss the appellant upheld.

 

Reasons:

1)    The Committee felt that, on balance, it had taken time to ensure that the appellant had every opportunity to participate in the hearing and understood what was happening.

2)    The Committee dismissed the fact that a low monetary value was involved and that there was a lack of clarity around how many items were missing.

3)    The Committee found that the City Council’s Disciplinary Procedure had been correctly applied and the decision to dismiss was correct.

10.

CLOSE OF MEETING

Minutes:

The meeting closed at 2.00 pm