Agenda item

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 Head of Facilities Management, who presented the management case and an Employee Relations Advisor advising management. The appellant was in attendance at the hearing but chose to attend the hearing unaccompanied. 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, including two additional witness statements provided by the appellant at the hearing which were accepted as additional evidence. The Panel 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, the Panel concluded that allegation 1 was not proven but that allegation 2 was proven. The Panel noted that, on its own, allegation 2 constituted gross misconduct and that in the absence of reasonable mitigation the normal penalty 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.