Meeting documents
Appeals Sub-Committee
Wednesday, 11th September 2002
| Present | |
| Chair | Mrs J Hall |
| Deputy | SAM Niblock( for Cllr IM Moon ) H Smith( for Cllr George Davies ) |
| Index to Minutes | |
| Minute 1 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC | |
| Minute 2 - DISCIPLINARY APPEAL (NH) | |
| Minute 1 - EXEMPT INFORMATION - EXCLUSION OF MEMBERS OF THE PUBLIC | ||
| Minute Text : |
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| 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 2 - DISCIPLINARY APPEAL (NH) | ||
| Exempt : NOT FOR PUBLICATION: (Exempt by virtue of paragraph 1, Part I, Schedule 12A, Local Government Act 1972) |
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| Minute Text : The Sub-Committee convened to consider the appeal by NH, an employee in the Social Services Department, against the decision of the Director of Social Services to dismiss him for gross misconduct. The appellant was represented by Mr M Cashman, T&GWU. |
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| Minute Decision : Resolved - (1) That this Appeals Sub-Committee finds on the evidence that on the balance of probability NH deliberately failed to disclose previous convictions when required to do so in October 2001 and on earlier occasions in 1981 and 1992. (2) That the Appeals Sub-Committee further finds that NH’s deliberate failure to disclose those convictions amounted to gross misconduct on his part. (3) That having regard to NH’s length of service and previous good conduct the Appeals Sub-Committee considers it would be reasonable for a final warning to be substituted for dismissal on condition that NH agrees: (a) that the period between his dismissal and reinstatement be regarded as a period of suspension without pay; (b) to retire from the Council’s employment forthwith under the terms of the early retirement scheme; (c) to withdraw his application to the employment tribunal. (4) That the Appeals Sub-Committee in reaching this decision wishes to emphasise that if NH had not agreed to the conditions mentioned above it would have dismissed his appeal on the ground that his dismissal for gross misconduct was reasonable in all the circumstances. (5) The reinstatement of NH shall not take effect unless and until he has signed a legally enforceable agreement incorporating the conditions referred to above using the services of ACAS should this be necessary. |
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(Minute Published: 8 October 2002)