Agenda and minutes

(Assistant to the Chief Executive) To report the attendance of any substitute members for the meeting.

It was reported that Councillor Wyatt was attending as a substitute for Councillor Gadsby.

To declare interests in any item on the agenda.

There were no declarations of interest made pursuant to the Council’s Code of Member Conduct.

The Panel noted an introductory statement, policies and procedures to be taken into account in relation to the appeal to be considered at this meeting.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

            That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information.

            Agenda Item              Subject                                   Exempt Information

            Number                                                                      Paragraph Number

            5                                  Staff Appeal No. 4 -2012/13                1

To consider statements and background documents previously circulated with the agenda for the meeting held on 26 June 2012.

The Chairman welcomed the appellant to the meeting who was accompanied by the Director of Corporate Support Services.  The Chairman also welcomed to the meeting the Assistant Director Human Resources who was presenting the case of the Staff Evaluation Appeal Panel.

The appellant advised that she would be presenting her case.  The Director of Corporate Support Services advised that she was attending to give moral support to the appellant and to take notes.

Members of the Panel introduced themselves to the appellant and the Assistant Director Human Resources.

The Chairman drew attention to the policies and procedures which would be taken into account by the Panel in relation to the appeal and indicated that the Panel would deal with the appeal on a factor by factor basis.  The appellant and the Assistant Director of Human Resources agreed with this approach. 

(a)        Introductory Statement by the Appellant

The appellant advised that the scores awarded by the Job Evaluation Appeal Panel in respect of her post demonstrated a lack of understanding of the post.  She drew attention to the reference in the response submitted by the Assistant Director Human Resources to the “considered view” of the Job Evaluation Appeal Panel.  She continued that the decisions of the Appeal Panel showed a lack of consistency, objectivity and equality.  She asked the Panel to have particular regard to the witness statement provided by the Director of Finance and ICT including his concluding remarks.

(b)       Knowledge Factor – Level Awarded by the Job Evaluation Appeal Panel - 6; Level Claimed - 7

The Case of the Appellant

The appellant drew attention to the wording of the Job Evaluation Scheme and local conventions regarding the Knowledge factor and to the requirements of the Job Description and Person Specification for the post.

She advised that the Job Evaluation Appeal Panel had found that the post did not require the detailed knowledge of wider policies and procedures expected of the posts of Assistant Director and Principal Accountant which were quoted as examples of being awarded Level 7.  She said that this demonstrated a lack of understanding of the breath and knowledge required of the post and pointed out that she reported directly to the Director of Finance and ICT which was not the case with all of the post examples quoted by the Appeal Panel. 

The appellant drew attention to comments made by members of the Appeal Panel and suggested that these brought into question the Appeals Panel’s ability to be consistent, objective, transparent and professional. 

The appellant asked the Staff Appeals Panel to look at the conventions for Level 7 in relation to the requirement for detailed knowledge of the associated organisational policies, practices and procedures, the preparation of non-routine reports and the ways in which the required knowledge for this level could be gained.  She stated that the post required a detailed working knowledge of Contract Standing Orders, Financial Regulations and the Constitution.  She added that the post was required to contribute significantly towards Best Practice,  ...  view the full minutes text for item 14.

The Acting Chief Executive reported that the Job Evaluation Maintenance Policy and the Job Evaluation Appeals Procedure had been introduced in 2003 following the implementation of the National Job Evaluation Scheme as part of the Single Status Agreement.  At this Council, the Job Evaluation process had been subject to a collective agreement that had been agreed by Management, the Trade Unions and Members.

The Acting Chief Executive advised the Panel that due to organisational changes, the Job Evaluation Maintenance Policy had become out of date and at the Joint Consultative Committee in January 2012 a number of amendments to the document, the Job Evaluation Maintenance Proforma and the additional information sheet had been agreed.  Subsequent to these changes, concerns had been raised by Unison’s Regional Officer on implementation of the policy and specifically the Appeals Procedure.  As a result both Unison and GMB representatives had withdrawn their support from the Job Evaluation process until matters had been clarified.

The Panel noted that the issue of concern to the Trade Unions was the ability to appeal to a member body which was not recognised in the National Scheme where there was an expectation that appeals would be undertaken by officers and trade union representatives. 

In order to resolve the current position the Acting Chief Executive advised that he proposed to submit a further report to members through the Joint Consultative Committee.

            RESOLVED:  

            (1)        That this Panel is satisfied with the work undertaken by the Job Evaluation and Job Evaluation Appeal Panels, accepting that whilst some errors or omissions may occasionally occur steps have been taken to resolve such matters;

            (2)        That this Panel supports the removal of the second appeal in relation to Job Evaluation to this Panel on the basis that there is already a right of appeal within the scheme and it is difficult for members to determine appeals of such a technical nature; and

            (3)        That in the view of this Panel, members of Management Board should not attend Job Evaluation Panels or Job Evaluation Appeal Panels in support of appellants.