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 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.