Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 14 June 2018.

The minutes (copies of which had been circulated) of the minutes held on 14 June 2018 were approved as a correct record and signed by the Chair.

Councillors and Officers to declare any interest which they have in any of the items on the agenda.

Councillors and Officers were asked to declare if they had any interest in any of the Items on the agenda for the meeting.

No declarations of interest were made.

Members of the public are invited to put questions to the Chair and Members of the Committee on any matters within the powers and duties of the Committee, subject to the exclusions set out in the Code of Practice.  Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are also available via the Council’s website at www.stockport.gov.uk/publicquestions.

No public questions were submitted.

To consider whether it is in the public interest to exclude the public during consideration of Agenda Item 5 – ‘Appeal A640’ which contains information ‘not for publication’ by virtue of the categories set out in the Local Government Act 1972 (as amended).

RESOLVED – That the public be excluded from the meeting during consideration of agenda item 5 ‘Appeal A640’ to prevent the disclosure of information relating to an individual.  It would not, on balance, be in the public interest to disclose this information to the public because disclosure of the personal information would not be fair to the appellant and therefore in breach of Data Protection regulations.

To consider an appeal against dismissal from an employee of the Director of Children’s Services.

The Committee considered an appeal against dismissal from an employee of the Director of Children’s Services.

The Committee was advised that the appellant was unable to attend the meeting and as a result the Committee was of the view that it would be unfair to all parties to hear oral submissions from Management.  The Committee therefore determined that it would proceed on the basis that it would compile a list of questions that it would request both the appellant and Management to respond to in writing that it would consider at such a point that the Committee reconvened.

At 10.30am it was

RESOLVED -  That the meeting be adjourned.

On 18 October 2018, the Employment Appeal Committee reconvened.  In this case, the Committee wished to reiterate the approach that they took, given that the appellant was unable to attend any form of hearing in person.  The Committee took the decision to adopt an alternative but equitable approach to the appeal.

Consequently, the Committee concluded that it would be just and furthermore equitable to both parties to assess the case on the evidence provided in writing, to submit questions that were outstanding in the Committee’s considered view, and sought written responses to them to enable the Committee to make a fair and proper decision.

Having considered all the written documents that were submitted, including the responses to the subsequent questions that were asked, the Committee decided that gross misconduct had not been adequately justified on the findings of the investigation and that consequently summary dismissal was not justified, reasonably.

The Committee’s view was that this penalty should be substituted for a final written warning (3^rd Stage Warning) relating to this particular negligence and that this warning should remain live for 24 months from 22 October 2018.

RESOLVED – That the appeal be partially upheld.