The Employee Appeals Sub Committee of Tower Hamlets Council met on 8 April 2025, to discuss an appeal against employee dismissal, and to note the appeals hearing structure. The committee was also scheduled to review HR policy documents. As the substantive business on the agenda was exempt/confidential, the meeting was not open to the public.

Appeal Against Employee Dismissal

The committee was scheduled to hear an appeal against employee dismissal. The agenda included documents relating to both the appellant's case and the management's case.

HR Policy Documents

The committee was scheduled to review the council's Attendance Management Policy and Procedure. The policy, implemented in April 2021 and last reviewed in January 2024, aims to ensure absence is managed effectively and consistently.

The policy outlines several key principles:

• The council's commitment to the health, safety and wellbeing of all staff.
• The provision of appropriate support to facilitate staff retention and return-to-work after illness.
• Tackling issues that may result in absence due to work-related stress.
• Encouraging attendance, monitoring absence and the cost of sickness absence.
• Working with unions and health and safety representatives to identify actions and preventative measures to promote the health, safety and wellbeing of staff.

The policy also details procedures for reporting sickness, including the provision of fit notes¹. It defines trigger points for formal intervention based on the frequency and duration of absences. These trigger points are:

1) A total of 5 days or more absence, within a rolling 12 months period and/or 2) 3 occasions of sickness absence in a rolling 6 months period; and/or 3) 3 periods of sickness absence where there is a pattern of absence that causes concern, e.g., regular absence on a Monday or Friday, around shifts or during school holidays, immediately before or after annual/flexi leave, weekends, or public/bank holidays or on dates where a request for annual leave has not been approved.

The policy also outlines a four-stage formal process for managing attendance, including formal attendance review meetings and a consideration for dismissal meeting.

Appeal Hearing Structure

The committee was scheduled to note the appeals hearing structure. The structure includes:

• An introduction of parties, including the appellant, their representative, the manager presenting the case, a HR advisor, and a legal advisor.
• The appellant presenting their case, using supportive evidence, documentation and witnesses.
• The manager presenting their case, explaining why the original decision was considered appropriate.
• Concluding remarks from both the appellant and the manager.

The agenda notes that the function of the appeal is to consider the evidence in light of the submissions made by the appellant, together with the council’s response, and to decide upon the fairness and reasonableness of the decision, and that it is a review process, not a rehearing.

The grounds for appeal are listed as:

• The medical opinion was wrong.
• Redeployment was a viable option.
• There are procedural irregularities which prejudiced the decision to such an extent that a fair hearing was not possible.
• The decision was unfair or unreasonable in the circumstances.