Agenda item

To consider and determine a request for a review of the decision of the Council not to uphold a grievance submitted by an employee.

(Councillor Webb, having a declared prejudicial interest in this matter, left the meeting before consideration of this matter and took no part in the discussion or decision making).

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

Mrs J Roberts, Employee Relations Team Manager, and Ms D Goodall, Head of Legal, Governance and Partnerships, were in attendance to advise the Committee on policy and procedure only and had taken no part in the original decision. Also in attendance was Mrs J Cook, Clerk to the Committee.

The relevant Head of Service and the Employee Relations Adviser presented the case on behalf of the Authority and the Appellant presented their case.

The Committee acknowledged the representations put forward by both parties and also noted the Appellant’s current position and line management. The Committee considered the Appellant’s issues in that they did not feel they had been consulted about their views before a decision had been made to alter their working pattern and that they had not been given sufficient time to adjust any personal arrangements to fit within the new hours and days and maintained that Council procedure had not been followed. In addition the Committee considered additional elements that the Appellant had requested be addressed at stage 2 of the investigation in respect of why a senior manager had become involved if the other party had not raised a grievance and the Appellant’s view that additional witnesses should have been called in relation to the senior manager’s version of events.

The Committee had regard to employee contracts of employment and that the Council was entitled to move employees between locations and that the Employee Relations Team had been consulted in relation to any decision to move the employee. The Committee noted the Appellant’s belief that they had not been aware that mediation had been formally offered and that they had not realised they had been deemed to have formally turned mediation down. The Committee also noted that when meetings took place between Managers and Employees that may have negative news to deliver, then some consideration should be given to ensuring that parties could be accompanied and that a note taker be present.

After carefully considering all the evidence before it and after questioning the Appellant, the relevant Head of Service and the Employee Relations Adviser, the Appeals Committee was satisfied that that the Authority’s procedures had been followed and that the decisions taken had been fair and reasonable.

RESOLVED:

To dismiss the appeal and uphold the officer’s decision taken within the Council’s Employee Complaints (Grievance Procedure) on the grounds that the Authority’s procedures had been followed and the decision taken had been fair and reasonable.