Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 10 January 2012.

The Minutes (copies of which had been circulated) of the meeting held on 10 January 2012 were approved as a correct record and signed by the Chair.

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 available at the meeting and at local information and Advice Centres.)

No questions were submitted.

To consider whether it is in the public interest to exclude the public during the consideration of item 5 on the agenda which are marked "not for publication" by virtue of the categories set out in the Local Government Act 1972 (as amended).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 to prevent 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 be in breach of Data Protection.

To consider a dismissal appeal from an employee of Services to People.

This item is confidential and has been circulated to Councillors only.

The Committee considered an appeal against dismissal from an employee of the Council’s People Directorate. The Appellant and their representative attended the meeting and presented the case. The Committee received document bundles, heard presentations and questioning from the Appellant and Management and received new documents during the hearing and were shown photographs at the hearing.

RESOLVED – The Committee considered the dismissal appeal, presentation and the written documentation that was submitted and heard the testimony and reasoning that led to the decision to terminate the Appellant’s employment and read and heard the Appellant’s evidence and response. Having listened to all that was said and having read all the documentation the Committee found that :-

1. Although the original allegation considered the allegations amounted to gross misconduct the Committee was satisfied that the reason for dismissal of “Some Other Substantial Reason” (SOSR) was appropriate and was not based on either frivolous or insignificant grounds.

2. The Committee upheld management’s view that the Appellant’s actions may bring the Council into disrepute and breached the GSCC Code of Practice, in particular the need to uphold trust and confidence in social care services. These were considered so significant that they could not envisage the Appellant being retained in any other capacity as an employee of the Council.

3. The Committee considered that whilst the decision might be seen as an injustice to the Appellant it was reasonable for Management to dismiss with notice in the particular circumstances of this case despite the Appellant’s previous exemplary service record.

The Committee therefore uphold the Management decision to dismiss the employee for Some Other Substantial Reason.