MINUTES

OF THE MEETING OF THE

Employment Committee

Tuesday 8th April 2003

HELD AT THE TOWN HALL, WESTON-SUPER-MARE, SOMERSET.

Meeting Commenced: 10.45 a.m. Meeting Concluded: 12.25 p.m.

PRESENT: Councillors Ian Peddlesden (Chairman for the meeting), Alan Hockridge, and Mrs. Muriel Kraft.

Officers Represented:

Mr. H. Buxton (Head of Human Resources)

Ms. F. Robertson (Legal Adviser)

Ms. J. Pyke (Democratic Services Officer)

APOLOGIES FOR ABSENCE: Councillors Peter Fisher, Mike Fazackerley.

EMP 33

Election of Chairman

RESOLVED: that Councillor Peddlesden be elected as Chairman for the meeting.

EMP 34

Minutes – 20th and 21st March 2003 (Agenda Item 4)

RESOLVED: that the minutes of the meeting held on 20th and 21st March 2003 be confirmed as a correct record and signed by the Chairman.

EMP 35

Exclusion of the Press and Public

RESOLVED: that the press, public together with the officers not required by the Members, the Chief Executive Officer to remain during the exempt session, be excluded from the meeting during consideration of the following item of business on the grounds that its consideration will involve the disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.

Item Reason for Exemption

Minute No. 37 Paragraph 1 of Schedule 12A of Part 1

EMP 36

Agreement to Proceed With Reduced Committee Membership

The Chairman apologised for the delay in proceeding with the Committee. He explained that the Committee would normally comprise five Members, but due to the absence of two Members the Committee although reduced to three in number was politically balanced.

The Appellant and Trades Union representative gave their agreement to proceed with the Hearing.

EMP 37

Appeal Against Dismissal on Capability Due to Sickness, Absence – JM-01/03

The Chairman welcomed those present to the meeting and asked those persons to introduce themselves.

Mr. M. was appealing against dismissal on the grounds of capability due to sickness absence. During the Hearing he was represented by Ms. B. Gosling, Regional Representative GMB.

The Chairman outlined the procedure to be followed and the case for the Directorate was presented by Ms. P. Packer, Corporate Services Unit Personnel Manager.

The Appellant’s GMB representative had no questions for the management representative.

Members asked questions of the management representative.

The Appellant’s GMB representative presented the Appellant’s case and the management’s representative questioned the Appellant.

Members asked questions of the Appellant’s GMB representative and the Appellant.

The parties then summed up and left the room to enable the Committee to consider the matter.

RESOLVED: that the following statement be agreed as the Committee’s decision –

“The Committee has considered this issue at some length and have a great deal of sympathy for your case. However, the Committee has also had to consider very carefully the decision made by the managers at the time and with the information available on the day.

No evidence has been put forward today which has encouraged the Committee to overturn the decision made and the Committee therefore uphold the decision to dismiss you on the grounds of capability due to sickness and absence. We recognise that your health appears to have improved and we sincerely hope that this continues to be the case. Clearly, you may ultimately become fit to work and we are sure that the Council will welcome any application from you for employment when you have returned to full health.

This decision will be communicated to all appropriate parties in accordance with normal Council procedure”.

________________________________

Chairman

________________________________