Meeting documents

Appeals Sub-Committee
Thursday, 19th June 2003

Minutes - Appeals Sub-Committee - 19 June 2003
Present
Deputy PL Davies( for Cllr George Davies )
GJ Ellis( for Cllr Mrs J Hall )
T Harney( for Cllr Mrs P M Williams )
Index to Minutes
Minute 1 - APPOINTMENT OF CHAIR
Minute 2 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC
Minute 3 - GRIEVANCE APPEAL (PM)
 
Minute 1 - APPOINTMENT OF CHAIR
  Minute Text :
The elected Chair was not present for this meeting and the Sub-Committee was therefore requested to appoint a Chair.
  Minute Decision :
Resolved - That Councillor G Ellis be appointed Chair of this meeting.
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Minute 2 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC
  Minute Text :
  Minute Decision :
Resolved - That, under section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined by paragraph 1 of Part I of Schedule 12A to that Act.
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Minute 3 - GRIEVANCE APPEAL (PM)
  Exempt :
NOT FOR PUBLICATION: (Exempt by virtue of paragraph 1, Part I, Schedule 12A, Local Government Act 1972)
  Minute Text :
The Sub-Committee considered the grievance appeal of PM, an employee in the Education and Cultural Services Department. The appellant was represented by Mr D Proctor of the CYWU.
  Minute Decision :
Resolved -

(1) That the Appeals Sub-Committee on considering all the evidence makes the following findings of fact:-

(a) it upholds PM’s complaint that the Department of Education and Cultural Services mishandled her application for the vacant post at Fender Youth Club in 2001;

(b) it is satisfied that the Education and Cultural Services Department were dilatory in dealing with PM's grievance over her treatment in 2002;

(c) that the Education and Cultural Services Department did not interview PM for the post at Fender Youth Club, not by reason of her trade union activities but because the number of part-time posts generally was under review by the department in anticipation of the inspection by OFSTED in June 2001.

(2) The Appeals Sub-Committee determines that:

(a) an apology should be sent to PM, by the Department, acknowledging the errors which have been made;

(b) PM should be given a written assurance that her employment rights are no less than those enjoyed by any other long serving permanent employee of the Youth Service;

(c) the Director of Education and Cultural Services should consider the possibility of combining the two posts currently occupied by PM and converting them into one permanent position that could be offered to her but only if that could be done without prejudicing the rights of any other employee;

(d) an ex gratia offer of compensation in the sum of £500 should be made to PM in recognition of the problems caused to her by the department’s handling of her application and of her grievance.

(3) That the Appeals Sub-Committee urges the department to re-examine its procedures in order to ensure that:

(a) staff advertise vacant posts after, rather than before, they have reviewed the need to retain them in their existing form;

(b) the Director signs a draft letter only after a check is made whether its contents are still accurate at the date of signature;

(c) employees are kept informed of the progress of matters which affect them;

(d) minutes of meetings are checked for their accuracy by senior officers before they are published;

(e) offers of permanent alternative employment (if available) are made promptly to employees who are subject to the redeployment procedure and who are temporarily occupying vacant posts.

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(Minute Published: 9 July 2003)