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 on the grounds of cumulative misconduct.

Nicola Graham (HR Team Manager) and Tracie Rees (Director, Adult Social Care and Commissioning) were present as advisors to the Committee.

The management representative was Mary McCausland, Head of Service, Adult Social Care. Alan Faulkner was present as HR advisor to management.

The appellant was present at the meeting and was represented by Gaynor Garner from Unison.

Neither the appellant nor management called any witnesses.

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

RESOLVED:

That Managements decision to dismiss was reduced to a final written warning and the employee was reinstated.

Reasons:

1.    Members on the panel were concerned around the execution of its duty of care to the appellant, given the very specific circumstances of this case.

2.    Members on of the panel were also concerned about the support provided to the appellant stemming from the stress action plan around the appellants mental health and depression.

The meeting closed at 2.36pm