CITY OF YORK COUNCIL

CORPORATE APPEALS PANEL

(Disciplinary Dismissals)

Procedure

The procedure for the appeal will be as follows:

· The appellant and/or his/her representative and the Management (officer(s) appearing for the Council) are invited into the meeting.

· The Chair of the Panel will introduce all parties present and explain procedural matters.

· The Chair will invite the appellant/representative to confirm the reason(s) for the appeal.

· The appellant or his/her representative will present his/her case and will call and question any supporting witnesses he/she considers necessary.

· Following the presentation of the appellant’s case, the Chair will invite Management to put questions to the appellant or his/her representative/witnesses.

· Management will present the Council’s case and will call and question any supporting witnesses he/she considers necessary.

· Following the presentation of the Council’s case, the Chair will invite the appellant/representative to put questions to Management/witnesses.

· Members will ask both parties to sum up (please note that no new evidence can be introduced at this stage) 

· Members can ask questions of both parties at any stage during the appeal.

· Any party may call for a reasonable recess during the appeal hearing.

· Once the case for and against the appeal has been heard, the Chair will call for an adjournment for the panel to make their decision.

· Both parties will leave the room while Members, advised by Human Resources, make their decision.

Decision

· Members will debate the case and decide which one or more of the four legal reasons for appeal are applicable.

· Depending on the reason for appeal, Members will decide whether the grounds for appeal are sustained and whether or not to uphold the original decision that the employee did commit a disciplinary offence.

· Members will decide whether or not to uphold the original penalty.

· The reasons for Members decisions will be recorded.

· The outcome of the appeal will be communicated in writing to all parties within five working days of the decision being made.