Issue - meetings

To consider the recommendations of the HR Committee meeting held on 8 June 2023.

Cllr Cleary introduced the report and moved the recommendations from the HR Committee meeting held on 8 June 2023.  Cllr S Davies seconded the motion.

One Member questioned to whom the benefit of this change was, and that it may not necessarily be in the interest of the employee.

In response to a request for the unions response to the proposal, paragraph 12.1 of the report outlined that the Employee Side representatives had no issues or concerns with the changes proposed.

In summary, one Member highlighted how stressful an appeal was to an employee and bringing forward these matters in a timely manner was to the benefit of all involved in the process.  It was also highlighted that the involvement and resolution by people trained appropriately and experienced in these matters was also to the benefit of the employee and all parties, given the complexity of employment law.

RESOLVED:

1.     That the proposal to change the internal Appeal process in relation to dismissals, outlined at section 6 of the report, be agreed.

2.     That authority be delegated to the Monitoring Officer to make the consequential changes arising to the Constitution, which include the Appeals Committee Terms of Reference.

To consider a proposal to change the internal Appeal process in relation to dismissals.

The Committee considered a proposal to change the internal Appeal process in relation to dismissals.

It was proposed that all dismissal appeals up to and including Band 11 employees would be heard by a Strategic Director or above. It was stipulated that the Strategic Director could not be responsible for the service area that the individual was employed within.

For Chief Executive, Strategic Directors and Assistant Directors it was proposed that an appeal panel would remain as it currently was now, with the appeal following the procedures as laid out in the councils standing orders.

It was explained that the Council had sought information on the approaches used in neighbouring authorities through South East Employers.  As a result it was also noted that this Council was in the minority when it came to using members for its dismissal appeals.

It was noted in the report that the Council had a number of senior officers that were experienced in HR matters and would be able to provide an impartial view in an appeal situation.

It was also highlighted that the chair of any dismissal appeal may be required to provide evidence in an Employment Tribunal.

The Committee noted that the Employee Side had no issues or concerns with the changes proposed.

One Member spoke against the proposals, and suggested that excluding elected members from the process for staff in Band 11 or under, and instead involving strategic directors from another service to hear the case, would not result in the matter being heard by someone who was truly independent. The Member went on to suggest that the process be amended to require a Strategic Director to be accompanied by one or two Members of the Appeals Committee, to provide a more independent perspective.

Overall, members supported the proposal as set out in the report, and the point was made that it was difficult for elected members to be kept fully abreast of the constant changes in what was often complex employment law.

Furthermore, some members observed that the use of independent or external persons in such a process was not a common arrangement for many employers, especially in the private sector.

RESOLVED:

That HR Committee support the proposal to change the internal Appeal process in relation to dismissals as set out in the report.

Note - Cllr Craze requested that his abstention from the above resolution be recorded.