Minutes for Appeals Committee meeting, Mar 1 2010, 9.30AM official page

To elect a Chair for the meeting.

            Resolved: That Councillor Sue Stears be elected Chair for the duration of the meeting.

 

of the meeting held on 20 April 2009 (ENCLOSURE).

The Minutes of the meeting held on 20 April 2009 were approved as a correct record, and signed by the Chair.

 

To consider a motion to exclude the press and public.

Resolved: That, under section 100(A)(4) of the local Government Act 1972, the press and other members of the public be excluded from the meeting during consideration of the following item of business on the ground that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of the Act, which would not be in the public interest.

 

The procedure to be followed at meetings of the Appeals Committee when considering an appeal against dismissal (ENCLOSURE).

            Resolved: To note the procedure to be followed for the hearing of appeals against dismissal under the Council’s disciplinary procedure.

 

The documents submitted by the Executive Head of Learning Disabilities and the appellant (ENCLOSURE).                                                                                                          [A/01/10 para.1/2]

The Committee considered an appeal against dismissal by the holder of post No. 513129 on the ground of gross misconduct.

 

The management case was presented by the Executive Head of Learning Disabilities, who called three witnesses.  The appellant was present and presented their own case.

 

The Committee considered the grounds for appeal and the evidence submitted by both sides.

 

The hearing adjourned from 11:42 am until 12:02 pm, and again from 1:42 pm until 2:22 pm.

 

            Resolved: That the appellant failed to disclose a police caution for a criminal offence, as required by his contracts of employment and contrary to paragraphs 3.1.1 and 3.1.2 of the Council’s Code of Conduct and Disciplinary Rules and the General Social Care Council’s code of practice, and, having considered the evidence, the Committee believes that there has been a serious breach of mutual trust and honesty between the appellant and the Council which constitutes gross misconduct, therefore, bearing in mind the appellant has already been given a final warning, the appeal be rejected.