Agenda and minutes

Resolved: that Councillor Tristram be elected Chairperson for the meeting.

(Councillor Tristram in the Chair)

A Member must declare any disclosable pecuniary interest where it relates to any matter being considered at the meeting. A declaration of a disclosable pecuniary interest should indicate the interest and the agenda item to which it relates. A Member is not permitted to participate in this agenda item by law and should immediately leave the meeting before the start of any debate.

If the Member leaves the meeting in respect of a declaration, he or she should ensure that the Chairperson is aware of this before he or she leaves to enable their exit from the meeting to be recorded in the minutes in accordance with Standing Order 37.

None declared.

The Committee will be invited to pass the following resolution –

“(1) That the press, public, and officers not required by the Members, the Chief Executive or the Director, to remain during the exempt session, be excluded from the meeting during consideration of the following item of business on the ground that its consideration will involve the disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.”

Also, if appropriate, the following resolution should be passed –

“(2) That members of the Council who are not members of this Committee be invited to remain.”

Resolved: that the press, public and officers not required by the members or

officers advising to remain during the exempt session be excluded from the

meeting during consideration of the following item of business on the

grounds that its consideration will involve the disclosure of exempt

information as defined in Section 100I of the Local Government Act 1972.

A copy of the appeal hearing procedure is attached.

The appellant submission and supporting documents (Bundle 1), together with the management submission and supporting documents (Bundle 2) will follow (red papers).

In attendance for consideration of this matter were the management representative, the appellant, the appellant’s trade union representative, (a witness on behalf of the appellant and three witnesses on behalf of management were invited to take part during the course of the meeting).  Welcoming those present the Chairperson invited the parties to introduce themselves following which he outlined the procedure which would be followed during the hearing. 

The appellant presented their case. 

The sub-Committee adjourned at 11.00 am

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The sub-Committee reconvened at 11.15am

The witness for the appellant joined via Teams and was questioned by both the appellant, management and members of the sub-Committee.  The witness left the meeting.

The appellant continued to present their case before the appellant responded to questions from the management representative and members of the sub-Committee.

The sub-Committee adjourned at 13.03pm

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The sub-Committee reconvened at 13.45pm

The appellant continued to answer questions from the management representative and members of the sub-Committee.

The management representative presented the management case and then called their witnesses in turn who responded to questioning from the management’s representative. The witnesses then responded to questions from the appellant and members of the sub-Committee.  The witnesses left the meeting after their questioning by respective parties. 

The sub-Committee adjourned at 15.05pm

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The sub-Committee reconvened at 15.10pm

The management representative continued to call their witnesses who were questioned in turn by the management representative, the appellant and members of the sub-Committee before leaving the meeting.

The Chairperson then invited both the appellant and the management representative to sum up their respective cases following which all parties withdrew.

The sub-Committee adjourned at 16.15pm

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The sub-Committee deliberated and reached a decision in consultation with the Assistant Director, Legal and Governance.

The sub-Committee reconvened at 16.31pm

Resolved: that the sub-Committee

(1)      having referred to the relevant Advisory, Conciliation and Arbitration Service (ACAS) definitions did not find any evidence of discrimination, intimidation or bullying.

(2)      upheld the finding of the Stage 2 Grievance Hearing

(3)      reiterated the suggestion in the Stage 2 Outcome Letter that both parties enter into mediation in order to re-establish the working relationship as quickly as possible

In coming to this conclusion, the Chairperson expressed the sub-Committee’s desire that a way be found for negotiation which was acceptable for both the appellant and the council.