Agenda and minutes

To report the attendance of any reserve members for the meeting, from amongst those councillors appointed as reserves for the current municipal year.

The Director of Governance reported that Councillor L. Hughes was attending the meeting in the capacity of a ‘reserve’ member of the Panel, from amongst those councillors appointed as reserves for the current municipal year.

(Director of Governance) To declare interests in any item on this agenda.

No declarations of interest were made by members of the Panel, pursuant to the Council’s Code of Conduct.

To note the procedure to be followed by the Staff Appeals Panel in the determination of staff appeals.

Members noted the procedure to be followed by the Staff Appeals Panel in the determination of staff appeals.

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.

            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 paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                                                                       Exempt Information

Item No           Subject                                               Paragraph Number

1                      Staff Appeal No 01 – 2017/18                        1

To consider an appeal against dismissal under the Council’s Disciplinary/Capability and/or Managing Absence procedures.

The Panel considered an appeal by an employee of the Council, against a decision of the Director of Neighbourhoods that they be dismissed from the service of the authority with payment in lieu of notice. The Panel was advised that such decision represented the outcome of a medical health/incapacity hearing held by the Director of Neighbourhoods on 8 June 2017, in accordance with the Councils Disciplinary/Capability and Managing Absence Policies.

The appellant was in attendance at the meeting, accompanied by a representative of the GMB trade union. Ms P Maginnis (Assistant Director (Human Resources)) attended the meeting to advise the Panel as required on details of employment law and the policies of the Council relevant to the appeal. Mr. S. Tautz (Democratic Services Manager) was also in attendance, as secretary to the Panel.

The Chairman welcomed the appellant and their union representative to the meeting and introduced the members of the Panel and the officers present. The Chairman outlined the procedure to be followed in its consideration of the appeal and reported that the Council’s case would be presented by Ms. C. O’Boyle (Director of Governance). Ms. O’Boyle set out the background to the appeal and advised the Panel that she would call Mr. D. Macnab (Director of Neighbourhoods) to give evidence in connection with his decision that the appellant be dismissed from the service of the Council.

Appellant’s Case

The appellant and his union representative were invited by the Chairman of the Panel to make an opening statement in regard to the appeal and to present the evidence of their case. During the presentation of the appellant’s case, members of the Panel asked questions of clarification from time to time. Ms. O’Boyle was also afforded the opportunity to ask questions of the appellant and his union representative, on the appellant’s case.

The appellant advised the Panel that he considered that he had been unfairly dismissed  by the Council and that he had been discriminated against as a result of an on-going health condition related to a back problem, that had been diagnosed as sciatica and a trapped nerve. The appellant also indicated that he felt that the Council had failed to make all reasonable adjustments to his working arrangement, that would have helped to facilitate his return to work. Although he had been redeployed into an office-based role, this had not proved successful, partly as he had suffered a number of fainting episodes whilst at work. The appellant also considered that the Council could have offered additional training and support to ensure the success of the redeployment arrangement, including time for him to undertake on-the-job learning and general ‘upskilling’. In response to questions from the Panel, the appellant confirmed that he had received appropriate ICT training during his period of redeployment, but that concerns around other training requirements had not been addressed by his line-manager.

The appellant advised the Panel that his back condition had originally arisen in 1996, but had been exacerbated during 2013 as a result of  ...  view the full minutes text for item 5.