Agenda and minutes

Minutes of meeting held on 30^th May, 2012 (previously circulated). 

The minutes of the previous meeting, held 30^th May 2012, were approved as a correct record.

There were no declarations of interest.

There were no items of urgent business.

Report of the Human Resources Manager. 

The Principal Human Resources Officer introduced a report on the consultation process recently held on revisions to the Sickness Absence and Management Procedure. 

It was noted that formal consultation with the recognised trades unions had taken place.  In relation to the Bradford Factor Index, trades unions and management had agreed to revise the number of absence indicator points necessary to trigger a formal review from 75 to 60.

This proposal was subject to approval by Personnel Committee, and would be placed under review if the level of sickness absence did not reduce to eight days per annum, across the workforce, by 31^st March 2013.

Resolved:

That the Sickness Absence Management Procedure be approved subject to the number of absence indicator points, necessary to trigger a formal review under the Bradford Factor Index, being revised from 75 to 60.

The Committee is recommended to pass the following recommendation in relation to the following items: - 

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A of that Act.” 

Members are reminded that, whilst the following items have been marked as exempt, it is for the Committee itself to decide whether or not to consider each of them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and should balance the interests of individuals or the Committee itself in having access to information.  In considering their discretion Members should also be mindful of the advice of Council Officers. 

Resolved:

That in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they could involve the possible disclosure of exempt information as defined in Paragraphs 1 and 2 of Schedule 12A of that Act.

Report of the Head of Environmental Services. 

The Head of Environmental Services introduced a request for voluntary redundancy that had been received in connection with the closure of Lancaster Market.

It was noted that Council had resolved, on 24^th May 2012, that the Lancaster Market did not have a long term viable future and, as such, it was scheduled to close on 14^th September 2012, thus displacing a number of employers.

Resolved:

The resolution is set out in a minute exempt from publication by virtue of paragraphs (1) and (2) of Schedule 12A of the Local Government Act 1972.

Report of the Head of Environmental Services. 

The Head of Environmental Services introduced a request for flexible retirement.

Resolved:

The resolution is set out in a minute exempt from publication by virtue of paragraphs (1) and (2) of Schedule 12A of the Local Government Act 1972.

Documents will be sent to Members, or their substitutes where relevant, in a sealed envelope. 

Please pass your copy to your substitute if you are unable to attend.  

The Committee agreed to consider an appeal against dismissal in the absence of the appellant.  The appellant was represented by their trade union.

The Head of Environmental Services presented the case for dismissal, assisted by a Human Resources officer.  The Head of Environmental Services called the Repairs and Maintenance Manager as a witness.

This was followed by questions from the Committee, and the appellant’s trade union representative.

The Committee subsequently heard evidence from the appellant’s representative, followed by questions from the Committee and the Head of Environmental Services.

The Head of Environmental Services and the appellant’s representative were invited to summarise their cases. 

(The appellant’s representative, Head of Environmental Services, and the Human Resources officer were requested to leave the meeting at 11:35am.  The Committee then adjourned, reconvening at 12:05pm, to reach its decision.  At this juncture the appellant’s representative, the Head of Environmental Services, and the Human Resources officer were recalled to the hearing.  The findings of the Committee were read out.)

The Chairman thanked both parties for their presentations and the information provided to the Committee to assist them with the hearing. 

The Committee, having carefully considered all the evidence submitted, found as follows:

Resolved:

That the decision to dismiss the appellant be upheld.

Documents will be sent to Members, or their substitutes where relevant, in a sealed envelope. 

Please pass your copy to your substitute if you are unable to attend.  

The Committee considered an appeal against dismissal.

The Head of Environmental Services presented the case for dismissal, assisted by the Principal Human Resources Officer.  This was followed by questions from the Committee, the appellant, and the appellant’s trade union representative.

The Committee subsequently heard evidence from the appellant and the appellant’s trade union representative, followed by questions from the Committee and the Head of Environmental Services.

Neither party called a witness.

The Head of Environmental Services and the appellant were invited to summarise their cases. 

(The appellant, their representative, the Head of Environmental Services, and the Principal Human Resources Officer were requested to leave the meeting at 3:35pm.  The Committee then adjourned, reconvening at 4:05pm, to reach its decision.  At this juncture the appellant, appellant’s representative, the Head of Environmental Services, and the Principal Human Resources Officer were recalled to the hearing.  The findings of the Committee were read out.)

The Chairman thanked both parties for their presentations and the information provided to the Committee to assist them with the hearing. 

The Committee, having carefully considered all the evidence submitted, found as follows:

Resolved:

(1)        That the decision to dismiss the appellant be upheld;

(2)        That the relevant officer be directed to write to the appellant, to make it clear that dismissal was due to the appellant being incapable of performing the duties of the post as a result of ongoing absence due to ill health.