The Employee Appeals Sub Committee is scheduled to convene to consider an appeal against employee dismissal, as well as note the appeals hearing structure. Due to the confidential nature of the business to be discussed, the public will be excluded from the majority of the meeting.

Appeal Against Employee Dismissal

The central item for consideration is an appeal against employee dismissal. The committee will review both the appellant's case and the management's case.

The Public Reports Pack outlines the structure of the appeal hearing, which includes:

• Presentation of the appellant's case, including evidence, documentation, and witnesses.
• Questions from the committee members and the manager presenting the case.
• Presentation of the management's case, explaining the rationale behind the original decision.
• Questions from the committee members and the appellant (or their representative).
• Concluding remarks from both the appellant and the manager.

According to the New Procedures for Agenda document, the function of the appeal is to assess the fairness and reasonableness of the dismissal decision, not to conduct a rehearing. The committee is expected to consider any new evidence, procedural correctness, and whether the decision was one that a reasonable employer could make. Appeals against disciplinary action will be considered on the basis of:

• Procedure: detailing how procedural irregularities prejudiced the disciplinary decision.
• Facts: Failure to take account of material evidence.
• Decision: The decision did not justify the level of disciplinary sanction imposed.

Appeals Hearing Structure

The committee will note the appeals hearing structure. The Public Reports Pack details the order of proceedings:

1. Introduction of parties and explanation of structure.
2. APPELLANT'S CASE will be put first using supportive evidence, documentation and witnesses. (20 mins)
3. MEMBERS HEARING THE APPEAL will ask any points regarding the Appellant's case, including questions to witnesses.
4. THE MANAGER PRESENTING THE CASE may ask points of clarification of Appellant or witnesses. If either side does not wish to check any points with the witnesses, they may leave the hearing at this stage.
5. THE MANAGER will then present their case, explaining why the original decision was considered appropriate. (20 mins)
6. MEMBERS HEARING THE APPEAL MAY ASK questions of the Manager and their witnesses.
7. THE APPELLANT (or their representative) may ask for points of clarification from the Manager or their witnesses.
8. APPELLANT'S CONCLUDING REMARKS (if any) (5 mins)
9. MANAGER'S CONCLUDING REMARKS (if any) (5 mins)
10. AFTER AN ADJOURNMENT if the Members are able to come to a decision within a reasonable timescale the Chair of the Sub Committee hearing the Appeal will give the decision. If the decision is likely to take some time the parties will be offered the option of being notified of the decision the following working day by the Human Resources Adviser. In any event, the decision will be confirmed in writing to the Appellant.

Other Items

The meeting will also include:

• Election of a chair for the meeting.
• Declarations of disclosable pecuniary interests, as outlined in Section 106 of the Local Government Finance Act 1992¹. A note from the Monitoring Officer is attached, and further guidance can be found in the Guidance on Declaration of Interests July 2012final document.
• A recommendation to exclude the press and public from the meeting, citing Section 100A of the Local Government Act 1972² and the Local Government (Access to Information) Act 1985³.
• Review of HR policy documents.