Agenda and minutes

There were no apologies for absence.

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

No declarations of interest were made.

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”.

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

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.

The Committee considered an appeal against dismissal from employment with the City Council under the Council’s disciplinary policy.

Nicola Graham (HR Team Manager) and Chris Burgin (Director of Housing) were present as advisors to the Committee.

The management representative was Martin Clewlow (Head of Service, Housing).  Laura Smith (Human Resources Advisor) was present as HR advisor to management.

The appellant was present and was accompanied by Ty Denton, of Unite trades union.

The appellant did not call any witnesses.  Management called Neil Stadon as a witness.

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

RESOLVED:

That the appeal be upheld and the appellant be reinstated.

Reasons:

The Committee felt that the appellant’s behaviour had not met expectations, but was concerned by a procedural error that was discovered during the appeal hearing. For this reason alone, the Committee determined that this error deemed the dismissal to be unsafe and that the appeal should be upheld.

The meeting closed at 4.30 pm