Agenda and minutes

Resolved:  That Councillor Galvin be elected to chair the meeting.

To consider excluding the public and press from the meeting during consideration of agenda item 5, (Appeal against Dismissal) on the grounds that it contains information relating to an individual and information which is likely to reveal the identity of an individual. This information is classified as exempt under paragraphs 1 and 2 of Schedule 12A to Section 100A of the Local Government Act 1972, as revised by the Local Government (Access to Information) (Variation) Order 2006.

Resolved:  That the press and public be excluded from the meeting during consideration of agenda item 5 (Appeal against Dismissal) on the grounds that it contains information relating to an individual and information which is likely to reveal the identity of an individual. This information is classified as exempt under paragraphs 1 and 2 of Schedule 12A to Section 100A of the Local Government Act 1972, as revised by the Local Government (Access to Information) (Variation) Order 2006.

At this point, Members are asked to declare:

·        any personal interests not included on the Register of Interests,

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were invited to declare at this point in the meeting any personal interests not included on the Register of Interests, any prejudicial interests or disclosable pecuniary interests which they may have in respect of the business on the agenda. None were declared.

To approve and sign the minutes of the meeting held on 16 October 2015.

Resolved:  That the minutes of the meeting held on 16 October 2015 be approved and signed by the chair as a correct record.

To consider an appeal against dismissal under the City of York Council’s Disciplinary Procedure.

The Panel considered an appeal against dismissal under the Council’s Disciplinary Procedure.

The hearing was attended by the Assistant Director, Adult Social Care,  who presented the management case and an Employee Relations Advisor advising management. The appellant was in attendance at the hearing and was accompanied by their Union representative. An HR Business Partner was also in attendance to provide HR advice to the Panel.

The Panel considered all the evidence provided in the agenda papers and verbally at the hearing by both parties. They also took into account evidence provided at the hearing by one witness who was called in support of management’s case.

Having considered all the available information and the mitigation presented by the appellant, the Panel agreed that the decision taken by management was fair, proportionate and within the band of reasonable responses. They noted that, in the absence of any reasonable mitigation, the normal penalty for gross misconduct was summary dismissal.

Resolved:  That the appeal not be upheld.

Reason:     The Panel felt that the decision taken by management to dismiss the appellant was fair and reasonable in all the circumstances of the case and in accordance with the Council’s Disciplinary Procedure.