Agenda Document Pack - Education Employees Appeals Sub-Committee - 11/09/2023
North Lanarkshire Council · 11 September 2023
Back to Education Employees Appeals Sub-Committee — 11 September 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Clerk Name: Andrew Rose Clerk Telephone: 07951 409714 Clerk Email: rosean@northlan.gov.uk 31 August 2023 Members of the Education Employees Appeals SubCommittee Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Education Employees Appeals SubCommittee is to be held in the Committee Room 1, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Monday, 11 September 2023 at 09:30 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : A Campbell, M McBride, A Ballinger, A Beveridge, H BrannanMcVey, J Cairns, C Costello, G Currie, T Johnston, P Kelly, K Larson, C McManus, K Stevenson, A Stubbs. Page 1 of 6
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 EXCLUSION OF PUBLIC The SubCommittee is asked to consider passing the following resolution: "That under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 7A of the Act". 2 Education and Families Appeal Against Dismissal 2 (a) Guidelines as to Procedures for Conduct of the Appeal Hearing (copy herewith) 5 6 2 (b) Submission by the Service Submit the submission by the Education, Children and Families Service in support of their position (copy herewith) 2 (c) Submission by the Appellant Submit report by the Appellant to support their position (copy herewith) Page 3 of 6
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NORTH LANARKSHIRE COUNCIL EDUCATION EMPLOYEE APPEALS SUB-COMMITTEE DISCIPLINARY APPEAL HEARINGS GUIDELINES AS TO PROCEDURE FOR CONDUCT OF MEETINGS (1) When the Sub-Committee is ready to commence a hearing the following personnel will be asked to join the meeting together:- (a) the appellant and his/her representative (if any), and (b) the Council’s representative(s). (2) For disciplinary hearings the Council’s representative will make an opening statement and will follow with an examination of any witness called on behalf of the Council. (3) The appellant’s representative will then be given the opportunity to question any witness at the conclusion of his/her evidence. (4) The Sub-Committee will then, and normally at this point only, be given the opportunity of questioning any such witness. (5) The Council’s representative will then have the opportunity to re-examine such a witness after the completion of members’ questioning of him/her. (6) On completion of the re-examination, the witness should be asked to leave. (7) The appellant’s representative will make an opening statement and will follow with an examination of any witness called on behalf of the appellant. (8) The Council’s representative will then be given the opportunity to question any such witness at the conclusion of his/her evidence. (9) The Sub-Committee will then, and normally at this time only, be given the opportunity of questioning any such witness. (10) The appellant’s representative will then have the opportunity to re-examine such a witness after the completion of members’ questioning of him/her. (11) On completion of the re-examination, the witness should be asked to leave. (12) The Council’s representative followed by the appellant’s representative will then be asked to sum up their cases. (13) The appellant and his/her representative and the Council’s representative will then withdraw. (At this stage, if it is anticipated that the deliberations of the Sub-Committee may take some time, the Chair may inform the parties accordingly and give them the options of either waiting to be recalled to the meeting for the Sub-Committee’s decision or of being informed by the Clerk of the Sub-Committee’s decision by telephone at the earliest opportunity. Whichever option is chosen, the Sub-Committee’s decision will be confirmed in writing). (14) The Sub-Committee will then deliberate. If necessary, all parties concerned will be asked to rejoin the meeting should any point of clarification be required. (15) Having reached their decision, the Sub-Committee will then recall all parties concerned and intimate their decision which will be confirmed in writing by the Clerk. Item 2 (a) Page 5 of 6
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