To receive any apologies for absence

Apologies for Absence were received from Councillor Quick.

To receive any declarations of interest

None received

To consider the Part I minutes of the meeting held on 14 August 2017

RESOLVED UNANIMOUSLY: That the Part I minutes of the meeting held on 14 August 2017 be approved.

To consider the above report

Members considered a proposed amendment to the council’s Grievance Procedures, following a discussion at the previous meeting. The new proposal included the option to include a review by the Chairman of the Employment Panel to determine if a stage 3 hearing was required. The Head of HR explained that if an employee was unhappy at stage 1 they could appeal to their manager at stage 2. If they remained unhappy after this stage, a review would be undertaken by the Chairman of the Panel who would look at the paperwork and outcome, and determine if any further investigation was needed. If appropriate, a stage 3 appeal hearing would then take place; alternatively the grievance would be signed off as the final stage. The Chairman commented that when she received the papers for a stage 3 appeal it was often clear if the case was straightforward or not.

Councillor Saunders asked how, through the lens of a group of independent parties including the press or the appellant, would the Chairman always, beyond reasonable doubt, be seen as independent if the individual was also the Lead Member with responsibility for HR? The Chairman responded that most organisations did not have Member involvement anyway. It would be in her own interests to act objectively as she would not want to risk a tribunal and she would also wish to do the best for staff.  Councillor Saunders commented that the discussion at the last meeting had focussed on objectivity and the need for Member involvement. He therefore questioned whether the proposal had achieved this or it had focussed on the Member who would be the greatest target for claims of a lack of objectivity. The solution proposed made the process more likely to be challenged.

The Head of HR highlighted that an officer outside of HR always investigated at stage 1. The Principal Member for HR would therefore be looking at the process and paperwork of an investigation undertaken independently of HR. The ACAS code recommended only 2 stages in the process. The proposal still retained a third stage for the council.

Councillor Saunders commented that the debate was covering the same issues discussed at the last meeting, namely that the existing process provided unambiguous objective Member involvement. The Panel wanted to retain this objectivity and independence so that those observing did not feel it had been diluted.

Councillor Bicknell commented that the third stage involving three councillors could take many hours. He welcomed the review by a senior politician to determine if the case warranted a lengthy third stage as this would provide a sense balance.  Councillor Saunders commented that the sole issue was that the Chairman of the Panel was also the Principal Member for HR. An alternative form of Member involvement was required to restore objectivity. Councillor Bicknell suggested three Members could vote by email to decide whether a third stage was necessary. The Head of HR commented that this would still delay the process as it would take time to  ...  view the full minutes text for item 157.

To consider passing the following resolution:-

“That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the remainder of the meeting whilst discussion takes place on item 6 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1-7 of part I of Schedule 12A of the Act"

RESOLVED UNANIMOUSLY: That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the remainder of the meeting whilst discussion takes place on item 6 on the grounds that IT involves the likely disclosure of exempt information as defined in Paragraphs 1-7 of part I of Schedule 12A of the Act

To consider the Part II minutes of the meeting held on 14 August 2017.