Agenda and minutes

Employment Matters Appeals Panel
Friday, 15 January 2016 2.00pm

Venue: Meeting Room 11 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR. View directions

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

616.

Election of the Chairman

Minutes:

Councillor Wicks was elected Chairman for the meeting. 

617.

Apologies for absence

Minutes:

There were none. 

618.

Record of the meeting

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

Minutes:

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

619.

Declarations of disclosable pecuniary interests and other interests

A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.

 

A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.

 

A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.

 

Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.

 

Members should also ensure they disclose any other interests which may give rise to a conflict under the council’s code of conduct.

 

In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons.

Minutes:

Disclosable pecuniary interests

 

There were none.

 

Other interests

 

There were none. 

620.

Exclusion of the press and public pdf icon PDF 83 KB

This report summarises the content of agenda item 6, which, in the opinion of the proper officer, contains exempt information within Paragraph 1 of 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 this document.

Minutes:

The press and public were excluded from the meeting during consideration of agenda item 6 (Matter of decision) because consideration of this matter in public would disclose information falling within paragraph 1of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 5 (Exclusion of Press and Public) and, in all the circumstances of the case, the Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

621.

Matter of decision

Appeal against dismissal as detailed in the attached schedule. 

Additional documents:

Minutes:

Discussion:

 

The Panel considered an appeal against dismissal for gross misconduct.

 

The Panel very carefully considered all the information presented and decided to uphold the appeal against dismissal.

 

Decision:

 

a)    The Panel decided that, in relation to the first ground of the appeal, that the disciplinary procedure had not been properly applied, there was no case to answer. In relation to the second ground of the appeal, the Panel found that the disciplinary sanction was too severe and should be reduced to serious misconduct rather than gross misconduct. 

 

b)    The Panel decided that the appellant should be issued with a final written warning and should be returned to work to a lesser role, under close supervision, which needed to be negotiated with the Head of Human Resources and Organisational Change within a reasonable period.