Agenda item

The Committee considered a report proposing changes to the current process whereby staff appeals against dismissal are heard by a Member Panel.

As part of the Council’s ‘Fit for the Future’ Organisational Development Strategy, a review of the policy framework for performance management of staff including matters around capability, disciplinary and grievance procedures had been undertaken.  Staff had a right of appeal against dismissal under disciplinary, redundancy and sickness policies and at present the Constitution provided for that appeal to be heard by the Employment & Appeals Sub-Committee. 

At a previous meeting the Committee had nominated Cllr Brooker to work with HR staff to examine proposals arising from the review.  A specific proposal had now been made that the Sub-Committee should be replaced with an officer panel to hear appeals against dismissal.  This was in line with the current guidance from the Advisory, Conciliation and Arbitration Service (ACAS) which envisaged appeals being heard by senior manager(s).  Members accepted that an appellant had the right to a fair hearing by competent Panel Members who had been trained for the purpose.  Given the infrequency of appeal hearings, it was difficult for Members to bring the necessary degree of professionalism required.

An appendix to the report set out details for the necessary changes to the Constitution and the introduction of arrangements for appeals against dismissal to be heard by a Panel of three comprising a minimum of one Strategic Director/Chief Executive and one/two Assistant Director(s).  It was noted that an appeal by a Strategic Director or one of the three statutory officer appointments would be heard under separate arrangements governed by Regulation.

The Committee noted also that HR were also examining the process for formal warnings in line with ACAS recommended guidance for managing employee misconduct.

Resolved -  Subject to the concurrence of the Member Panel on the Constitution, to accept the proposal for a Strategic Director/Chief Executive and Assistant Director Panel as the final appeal against dismissal, and to RECOMMEND the Council to amend the Constitution accordingly.