Musrat Zaman, Director of Workforce, OD and Business Support, introduced an update to the report, which set out options on the composition of the appeals panel and a recommendation to continue the present arrangement.

The effectiveness of the appeals panel, initially agreed at the General Purposes Committee on 05 October 2021, has not fully been established, and reverting back to the previous model would be premature, as only one appeal has been conducted to date.

There is no legal requirement for appeals to be heard by Members, and it is good practice for managers, who are more equipped in handling staffing issues to chair such appeals.

In response to the presentation the Committee noted:

-        Concern that the report appeared biased towards officers and marginalises the Members role in the process.

-        The number of dismissals stated did not give a breakdown of employees grades or equality implications.

-        The Employment Tribunal claims did not give sufficient clarity nor full details of the legal advice stated in the report.

-        Disappointment with the general tone of the report, as it lacked consistency.

-        That Trade Unions comments were not taken into account in this instance and requested clarification that they were consulted with prior to the previous arrangement change in 2021.

Will Tuckley, Chief Executive Officer, noted the report is intended to consider all options and allow for deliberation. Dismissal panels are an opportunity  to review any procedural issues that may arise and not to rehear cases. Members set the direction whilst officers implement the policies and marginalisation is not a consideration. Previous Members felt it inappropriate to be part of the tribunals process and further evaluation is required before making any changes.

Musrat Zaman clarified that Trade Unions comments were not received prior to the meeting and the legal advice stated in the report was submitted by the council’s employment lawyer. Janet Fasan, Director, Legal – Monitoring Officer, confirmed there is no legal requirement for either Members or Officers to sit at the panels, although it is deemed good practice for Officers.

Members requested that further details on equality and diversity of the employees be submitted at the next General Purposes Committee before any resolution be made. The Chair requested the Committee vote on the reports alternative options.

Accordingly, the General Purposes Committee;

Voted 5 to 2 in favour of reverting to the previous model (Option 2 in the report), which consisted of an all-Elected Member panel. This will now require a consultation process with Trade Unions and a change of Constitution through Full Council.

RESOLVED

1.    Officers to clarify if Trade Unions were consulted prior to the previous arrangement change in 2021.

2.    That the Dismissals Appeals Panel be reverted back to the previous model, consisting of an all-Elected Member Panel. This will require a consultation process and a change of Constitution through Full Council.

3.    That the report be noted.