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 Assistant Director, Health, Housing and 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 a City of York Council work colleague. 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 in support of management’s case at the hearing.

Having considered all the available information, the Panel acknowledged that the allegations were serious enough to constitute Gross Misconduct. However they agreed that, given all the circumstances of the case and the mitigation presented, the penalty of dismissal was too severe and that sufficient mitigation had been presented to lessen the normal sanction of dismissal to a final written warning.

Resolved:  That the appeal 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.