The Employee Appeals Sub Committee is scheduled to consider an appeal under the council's disciplinary procedure. The meeting will follow a structured format to hear the appellant's case and the council's response.

Appeal Hearing Structure

The meeting is scheduled to follow a defined structure for hearing appeals under the disciplinary procedure. This process involves an introduction of parties and an explanation of the hearing's structure. The appellant will present their case first, supported by evidence, documentation, and witnesses. Following this, the members hearing the appeal will have the opportunity to ask questions. The manager presenting the council's case will then present their arguments, explaining the rationale behind the original decision. The appellant, or their representative, will then have a chance to ask clarifying questions of the manager or their witnesses. Both the appellant and the manager will have the opportunity to make concluding remarks before the members consider their decision. The outcome of the appeal will be communicated to the appellant, either at the end of the hearing or the following working day.

Appeals Under the Disciplinary Procedure

The purpose of the appeal hearing is to review the evidence and submissions made by the appellant, alongside the council's response, to determine the fairness and reasonableness of the original decision. This is described as a review process rather than a rehearing. The panel will consider whether any new evidence has been presented that was not previously heard, and whether the decision was procedurally correct. If an appeal is made on the grounds of procedural irregularities, the panel must assess if these irregularities prejudiced the disciplinary decision to the extent that a fair hearing was not possible. Appeals against disciplinary action will be considered based on one or more of the following reasons: procedural irregularities, factual inaccuracies (failure to take account of material evidence), or the decision itself (where the sanction imposed was not justified by the facts). The panel will determine if the decision made was one that a reasonable employer could have reasonably made. The council's Disciplinary Policy [Disciplinary Policy.pdf] will be a key document in this consideration.