Agenda Document Pack - Personnel Appeals and Applied Conditions of Service Appeals Panel. - 21/03/2024
Renfrewshire Council · 21 March 2024
Back to Personnel Appeals and Applied Conditions of Service Appeals Panel — 21 March 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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09/07/2024 Notice of Meeting and Agenda Personnel Appeals and Applied Conditions of Service Appeals Panel. Date Time Venue Thursday, 21 March 2024 09:30 Corporate Meeting Room 2, Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN Membership Councillor Stephen Burns (Convener): Councillor Fiona Airlie-Nicolson: Councillor Andy Doig: Councillor Audrey Doig: Councillor John Gray: Councillor Ben Smith: Councillor Andy Steel. Confidential Please note that the information contained in reports for this meeting is exempt from publication and is provided in strictest confidence to members of this Personnel Appeals and Applied Conditions of Services Appeals Panel. The information is for consideration at the meeting and must not be disclosed, copied or otherwise processed for any purpose. All documents must be destroyed when the meeting ends. MARK CONAGHAN Head of Corporate Governance
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09/07/2024 Items of business Apologies Apologies from members. Declarations of Interest and Transparency Statements Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement. 1 Procedure Procedure for Hearing. 1 - 2 EXCLUSION OF PRESS AND PUBLIC The Board may by resolution exclude the press and public from the meeting during consideration of the following items of business as it is likely, in view of the nature of the business to be transacted, that if members of the press and public are present, there could be disclosure to them of exempt information as defined in paragraph 1 of Part I of Schedule 7A of the Local Government (Scotland) Act, 1973. 2 Environment, Housing & Infrastructure Appeal against dismissal. Return of Papers Reports for this item are confidential and arrangements are in place for the hard/paper copy of the agenda to be uplifted from members of the Panel following the meeting so that the reports are disposed of securely. 2.1 Summary 2.2 Appellant's Submission 2.3 Service's Submission
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PROCEDURE TO BE FOLLOWED AT HEARING OF AN APPEAL AGAINST PUNITIVE DISCIPLINARY ACTION 1. There may be present at all times, the appellant, his/her representative and the department’s representative. 2. Advisers to either the department’s or appellant's side may be allowed to attend the hearing, provided the Personnel Appeals and Applied Conditions of Service Appeals Panel has advance notice. 3. The department’s representative will put forward their case in the presence of the appellant’s side and may call any witnesses required. 4. The appellant’s side will have the opportunity to question any witnesses called by the department. 5. The members of the Personnel Appeals and Applied Conditions of Service Appeals Panel will then have the opportunity to ask questions of the department’s witnesses. 6. The department’s representative will have the opportunity to ask further questions of the witness, to clarify points arising from questions from the appellant’s side and members of the Personnel Appeals and Applied Conditions of Service Appeals Panel 7. The appellant’s side will put his/her case in the presence of the department’s representatives and may call any witnesses required. 8. The department’s representative will have the opportunity to ask questions of any witnesses called by the appellant or his/her representative. 9. The members of the Personnel Appeals and Applied Conditions of Service Appeals Panel will then have the opportunity to ask questions of the appellant’s representative, the appellant and any witnesses called. 10. The appellant’s side will have the opportunity to ask further questions of the witness, to make points of clarification arising from questions from the department's representative and members of the Personnel Appeals and Applied Conditions of Service Appeals Panel. 11. The department’s representative, followed by the appellant's side, will have the opportunity, if they wish, to sum up their case introducing no new material. 12. The department’s representative, the appellant’s side and any advisers, if present, will then withdraw. Item 1 APP 210324 Page 1 of 2
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13. The Personnel Appeals and Applied Conditions of Service Appeals Panel, in the presence of the officer(s) appointed to assist the Committee, will then deliberate in private, only recalling if necessary the department’s representatives, the appellant and his/her representative to clarify points of uncertainty on evidence already given. If recall is necessary, both parties have to return, even if only one of the parties is required to clarify any point. 14. The Personnel Appeals and Applied Conditions of Service Appeals Panel will recall the department’s representative, the appellant and his/her representative and announce their decision on the appeal which will be confirmed in writing. 15. Under the Council’s Scheme of Delegations to the Personnel Appeals and Applied Conditions of Service Appeals Panel, the Personnel Appeals and Applied Conditions of Service Appeals Panel is authorised to uphold or reject appeals against disciplinary action or to order the varying of the disciplinary action taken. The form of the decision to be announced by the Personnel Appeals and Applied Conditions of Service Appeals Panel will be one of the following as appropriate. (a) That the grounds of appeal have been substantiated and the appeal upheld. (b) That the grounds of the appeal have been substantiated in part and the appeal is upheld to the extent that....... (c) That the grounds of the appeal have not been substantiated and the appeal is not upheld. NOTE: Where the grounds of an appeal against dismissal have been substantiated in part and the Personnel Appeals and Applied Conditions of Service Appeals Panel vary the disciplinary action previously taken to action other than dismissal, the appellant shall be deemed to have been reinstated to the employ of the Council with effect from the date of dismissal. Page 2 of 2