Agenda item

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

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

The hearing was attended by the hearing manager who presented the management case and an Employee Relations Advisor advising management. The appellant was in attendance 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.

Having considered all the available information, the Panel acknowledged that the allegation was serious enough to constitute Gross Misconduct, but concluded that, given all the circumstances of the case, sufficient mitigation had been presented to lessen the normal sanction of dismissal to a final written warning.

Resolved:  That the appeal against dismissal be upheld.

Reason:     The Panel felt that the decision taken by management to dismiss the appellant was too severe given the circumstances of the case.