Agenda and minutes

To receive declarations by members of interests in respect of items on this agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 10 and in the interests of clarity and transparency, members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest.

There were no items of urgent business.

The committee is recommended to pass the following recommendation in relation to the following item:

“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 it 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 item has 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 also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the 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 item of business on the grounds that it could involve the possible disclosure of exempt information as defined in paragraphs 1 and 2 of schedule 12A of that Act. 

Information will be forwarded to members of the committee under separate cover.

Members considered an appeal against termination of contract of employment. 

The Chief Executive and the Human Resources Manager presented the case for termination of contract of employment.  They were then questioned by members of the Committee. 

The holder of post number EWH0001 was called as a witness and questioned by the Human Resources Manager, the appellant and the trade union representative.  It was agreed by both parties that no further witnesses were required to be called.  At this point the appellant and trade union representative were given the opportunity to question the Chief Executive and the Human Resources Manager. 

The appellant subsequently gave evidence, assisted by a trade union representative, followed by questions from the Committee, the Principal Human Resources Officer and Human Resources Manager. 

Both parties were invited to summarise their cases. 

(The appellant, their trade union representative, the Chief Executive and the Human Resources Manager were requested to leave the meeting at 4:12pm.  The Committee then adjourned to reach its decision, with the Principal Human Resources Officer and Principal Democratic Support Officer present to assist the Councillors in formulating their decision.  At 4.34pm, the appellant, their trade union representative, the Chief Executive and Human Resources Manager were recalled to the meeting.  The findings of the Committee were read out). 

The Chairman thanked both parties for their presentations and the information provided. 

Resolved:

After careful consideration of both sides and information provided in the bundle the Committee has unanimously decided to uphold the management’s decision to terminate the appellant’s current contract of employment and offer the appellant re-engagement on new terms and conditions.