Agenda item

To consider an appeal against dismissal under the City of York Council’s Attendance at Work Policy and Procedure.

The Panel considered an appeal against dismissal under the City of York Council’s Attendance Management Policy and 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, including witness evidence provided on behalf of both parties. The Panel also considered some additional pieces of evidence which were presented at the hearing in support of the appellant’s case which were accepted as additional evidence.

Having considered all the available information, the Panel concluded that the decision taken by management to terminate employment on the grounds of the employee’s inability to attend work on a regular basis was reasonable in the circumstances of the case.

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 Attendance Management Policy and Procedure.