Agenda and minutes

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned; and

(2) the nature of the interest concerned

If any member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

Councillor Hugo declared a personal interest in agenda item 4, the nature of the interest was that she was aware of the appellant through their mutual work with homeless young people.

To agree the minutes of the last meeting held on 16 September 2019 as a true and correct record.

Resolved:  That the minutes of the meeting held on 16 September 2019 be approved and signed by the Chairman as a correct record.

Resolved: That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the whole item, including the decisions referred to at Agenda item 4 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

The Committee to consider and determine a request for a review of a decision of the

Council to dismiss an employee.

(This item contains personal information regarding the appellant, which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972).

Councillor Hugo advised the meeting that under item 1 (Declaration of Interest) she had declared a personal interest in agenda item 4, the nature of the interest was that she was aware of the appellant through their mutual work with homeless young people.

The Committee considered a request to review the decision of the Council not to uphold a Dismissal submitted by an employee.

The appellant, accompanied by a Trade Union representative, were in attendance at the meeting.

Mrs Roberts (Employee Relations Manager) and Mr Caveney (Deputy Head of Legal Services) were in attendance to advise the Committee on policy and procedure only and had taken no part in the original decision.

The relevant Chief Officer and Employee Relations Adviser presented the case on behalf of the Authority.

The Committee carefully considered all the representation and documentation put forward by both parties and acknowledged the appellant’s traumatic personal circumstances and the impact this had had on their wellbeing.

The Committee was aware of the employer’s duty of care to its employees and accepted that the Council was a mindful employer offering a number of supportive mechanisms for employees, in addition to signing the Time to Change Pledge.  However, the effectiveness and appropriateness of the Employee Assistance Programme (EAP) service was questioned in light of the recommendations made by the Occupational Health that specialist services were required.

The Committee noted that the level of communication, particularly during the latest period of absence, between the Appellant and their Line Manager had deteriorated and this had led to confusion regarding the existence of a further sick note and the Appellant’s wish to return to work.

The Committee believed that whilst the management arrangements put in place were intended to be both sympathetic and supportive of the appellant’s needs, there was some doubt as to whether all reasonable adjustments had been fully explored.

Resolved:  

That the original decision to dismiss the employee be overturned on the grounds that whilst there were grounds for dismissal, the decision to dismiss had been taken prematurely on this occasion.

Background papers:  Exempt

To note the date of the next meeting as Monday 4 November 2019 at 10.00am.

Resolved:  To note the date of the next meeting as 4 November 2019.