Agenda item

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

The Hearing Manager attended the meeting to present the management case, together with an HR Advisor.  The appellant attended the hearing and was accompanied by their union representative.  A HR Manager was also in attendance to provide advice to the Panel.

The Panel considered all the evidence presented by both parties in the agenda papers and verbally at the meeting and 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.