Agenda and draft minutes

It was agreed that Councillor Carr be appointed Chair of this meeting. 

To agree that the Chairman, in consultation with other members of the Employment Matters Appeals Panel, sign the minutes outside of the meeting.

It was agreed that the Chairman, in consultation with other members of the Employment Matters Appeals Panel sign the minutes outside of the meeting.  

There were none. 

(a)               Personal interests under the Medway Code of Conduct.

A Councillor who declares a personal interest in a matter, including the nature of the interest, may stay, speak, and vote on the matter.

(b)               Prejudicial interests under the Medway Code of Conduct.

A Councillor who declares a personal and prejudicial interest in a matter, including the nature of the interest, must withdraw from the room and take no part in the debate or vote on the matter.

Councillors who have declared a personal and prejudicial interest may make representations, answer questions and give evidence before leaving the room but only if members of the public are allowed to attend for the same purpose.

If an interest is not declared at the outset of the meeting, it should be disclosed as soon as the interest becomes apparent.

Councillor Paul Godwin declared a personal interest in agenda item 6 (Matter for decision) insofar as he knew Simon Bolton from UNISON as a colleague but pointed out that this had been over 10 years ago. 

This report summarises the content of agenda item 6, which, in the opinion of the proper officer, contains exempt information within one of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Committee to determine whether the press and public should be excluded from the meeting during consideration of documents.

The Employment Matters Appeals Panel agreed that the press and public be excluded from the meeting during consideration of the exempt material relating to agenda item 6 (Matter for Decision) because consideration of these matters in public would disclose information falling within Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972, and, in all the circumstances of the case, the Cabinet considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. 

Appeal against dismissal as detailed in the attached schedule. 

 Discussion

The Panel considered an appeal against dismissal.

The Panel very carefully considered all the information presented and decided to not to uphold the decision to dismiss the individual from the employment of Medway Council.

In reaching this decision, the Panel considered four different elements of the case and reached a decision on each element. Based on the information within the case papers and at the appeal hearing, the Panel agreed that a first written warning be issued based on the appellant’s failure to report an incident and to maintain up to date risk assessments.

Decision:

The Panel decided not to uphold the original decision to dismiss the appellant from the employment of Medway Council but agreed that a first written warning be issued based on the appellant’s failure to report an incident and to maintain up to date risk assessments.