Employment Appeals Committee

1. Membership

Councillors (5)
	Councillors Names							Political Group
1	HULL, Nathan				Chair			Conservatives and Independents
2	LUNN, Cliff							Conservatives and Independents
3	TAYLOR, Malcolm							Conservatives and Independents
4	ALDRED, Chris							Liberal Democrats and Liberal
5	SLADDEN, Dan							Liberal Democrats and Liberal
Total Membership – (5)					Quorum – (3)
Con and Ind		Lib Dem and Lib	NY Ind	Labour		Ind	Green Party		Total
3		2	0	0		0	0		5

2. Substitute Members

Conservatives and Independents		Liberal Democrats and Liberal
	Councillors Names		Councillors Names
1		1
2		2
3		3
4		4
5		5
Labour
	Councillors Names
1
2
3
4
5

NOTE – A group of about 12 Members should develop particular expertise and experience on appeals matters, but only five Members should sit on the committee at any one time.  It is intended, therefore, that the Substitution Scheme should be used to vary membership of the committee in order to ensure that the expertise and experience of all Members of the committee, including all Substitute Members, is developed.

Terms of Reference of the Employment Appeals Committee

1.         To hear and determine appeals against decisions of Officers of the Council, where provision exists for appeals to a Member level body, or in the event of suspension of delegated budget for Community, Voluntary Controlled, Community Special and maintained nursery schools, to hear and determine appeals for staff of that school. 

¨ Exceptions:-

(a)        appeals against dismissals on the ground of redundancy and against selection for redundancy, which shall be determined by a Chief Officer or Senior Manager they have authorised to act in their place in consultation with an HR adviser, and

(b)        appeals against dismissals under the Council’s Attendance Management Policy shall be determined, in consultation with a Member to be drawn from the Appeals Committee, by a senior manager who has not previously been involved in the matter, and who is duly authorised to determine the appeal in accordance with paragraph 4.1 of the Officers’ Delegation Scheme.  The appeal will be advised by an HR adviser who has had no previous involvement in the case and who will have no role in decision-making and

(c)        appeals against dismissals under the Council’s Capability or Disciplinary Policies shall be determined, in consultation with a Member to be drawn from the Appeals Committee, by a Corporate Director/Assistant Chief Executive who has not been previously involved in the matter and who is duly authorised to determine the appeal in accordance with the Officers’ Delegation Scheme.  The appeal panel will be advised by the Head of HR/Principal Adviser who has had no previous involvement in the case, and who will not take part in decision-making.

2.         To exercise all functions (including, but not limited to, hearing and determination) in relation to appeals by the Chief Executive Officer against decisions of the Chief Officers Appointments and Disciplinary Committee to take disciplinary action against them short of dismissal.

3.         To exercise all functions (including, but not limited to, hearing and determination) in relation to appeals by the Chief Executive Officer against decisions of the Leader and/or the Chief Officers Appointments and Disciplinary Committee, on appraisal of the Chief Executive Officer, not to award an increment.

4.         To hear disciplinary/capability appeals against dismissal by Officers line managed by the Chief Executive Officer where the Chief Executive Officer has been involved in the dismissal process and it would be inappropriate for Members of Management Board, who also report to the Chief Executive Officer, to hear the appeal.

Notes:

No member of the Chief Officers Appointments and Disciplinary Committee shall sit on the Employment Appeals Committee when the Employment Appeals Committee is hearing appeals by the Chief Executive Officer against decisions of the Chief Officers Appointments and Disciplinary Committee to take disciplinary action against them short of dismissal.