RAMPTON PARISH COUNCIL GRIEVANCE & DISCINPLINARY PROCEDURE

Introduction

The following text is based on guidance provided by the National Association of Local Councils (NALC) in their guidance booklet ‘Being a Good Employer’; this document is also based on text from the Advisory, Conciliation and Arbitration Service (ACAS) document ‘2015 Code of Practice on Disciplinary and Grievance Procedures’, both of which can be adapted to individual parish councils.

From time to time disputes between a council and its employees can arise. They are likely to be:

disciplinary matters following concerns by the employer about misconduct and/or poor performance of an employee

grievance matters which involve concerns, problems or complaints employees have about their employer or colleagues.

A written complaint from a member of the public about an employee of the Council and their actions.

This document is intended to encourage and maintain a good working relationship between Rampton Parish Council and its employees by treating grievances and disciplinary matters fairly and resoling them as quickly as possible. It sets out the arrangements for employees to raise their concerns, problems or complaints regarding their employment with the Council.

This policy will be applied fairly, consistently and in accordance with the Equality Act 2010.

Grievance Procedure

Informal Grievance Process:-

The main focus of all employment dispute processes should be about getting the employment relationship back on track. Many potential disputes, issues, complaints and problems can be resolved informally. Our Employees should aim to settle grievances initially in an informal way.

1. If the Clerk has a grievance this should be talked through with the Chairman or Vice-Chair.

2. If the Village Lengthsman has a grievance they should talk it through with the Clerk as their Line Manager.

3. If a member of the public has complained regards the actions of the Clerk, then the Chairman or Vice-Chair should try to resolve the matter through talking with the complainant.

4. If a member of the public has complained regards the actions of the Village Lengthsman (or other employee if applicable) then the Clerk as their line manager, should try to resolve the matter through talking with the complainant.

Formal Grievance Process:-

1. If the matter is serious and/or it is not possible to resolve the grievance, the employee (or member of the public if they have a grievance regards a Council employee) may submit a formal grievance in writing to the Clerk.

2. If the grievance relates to the Clerk then it should be written to the Chairman.3. The Council will then appoint a Grievance Committee of at least 3 Councillors but no

more than 4.4. No Councillor (including the Chairman or Vice-chair) with Direct involvement in the

matter shall be a member of the Grievance Committee.5. Should the Grievance be between the Village Lengthsman (or other employee other

than the Clerk) and a Councillor(s), then the Clerk, as the employee’s line manager will be a member of the Grievance Committee.

6. If the Grievance is between the Clerk and a Councillor(s) or between the Clerk and the Village Lengthsman (or other employee), then the Clerk will not be a member of the Grievance Committee.

7. The Grievance Committee will investigate the matter before holding a committee meeting.

8. The Grievance Committee will within 21 working days, invite the employee (and member of the public if it involves a complaint made by the public against an employee) to attend a Grievance Committee meeting. The invite will include the following:

a. The name of the Chair of the Grievance Committee and its other membersb. A summary of the employee’s grievancec. Date, time and place of the grievance meeting. (Reasonable notice of at least

7 working days will be provided)d. The employee’s right to be accompanied by a representativee. A Copy of the Council’s Grievance Proceduref. Confirmation that witnesses may attend on the employee’s behalf and that

the employee must provide names of any witnesses at least 3 working days before the meeting.

g. Confirmation that the employee will provide the Council with any supporting evidence at least 3 working days before the meeting.

h. Notice that Proceedings will be minuted by a note-taker and held in private, with exclusion of the press and public.

At the Grievance Meeting:

1. The Chairman of the meeting will introduce themselves and all members of the Grievance Committee.

2. The employee (or member of the public who has complained about an employee) will be asked to set out the grievance and present any evidence.

3. The Chairman will ask the employee (or public complainant) what action they would like the Council to take.

4. Any member of the Committee, the employee/public complainant, or the employee’s companion, may question any called witness.

5. The Employee/public complainant or the employee’s companion will have the opportunity to sum up their case.

6. The Grievance meeting may be adjourned to allow any matters raised during the meeting to be further investigated.

7. The Chairman will notify the employee/public complainant of the Grievance Committee’s decision. They will inform them this will be confirmed in writing within the next 5 working days.

After the Grievance Meeting:

1. The Chairman of the Grievance meeting will write to the employee/public complainant confirming the Grievance committee meeting’s decision within 5 working days.

2. The letter will set out any action, if any, that the Council will take and the employee’s/public complainant’s right to appeal.

Grievance Appeal:

There can be a number of reasons for an appeal, these may include, but are not limited to: Failure by the Council to follow its Grievance Procedure The decision was no supported by evidence Actions proposed by the Grievance Committee were inadequate and/or

inappropriate New evidence has come to light since the Grievance Committee meeting.

If the employee/public complainant decides that their grievance has not been satisfactorily resolved they are entitle to an appeal as follows:

1. The employee/public complainant must request an appeal in writing (letter or email) to the Chairman of the Council within 5 working days of the Employee/public complainant receiving the Grievance Committee Meeting’s written decision.

2. The Grievance Appeal Committee will be made up of at least three Councillors who were not participants of the original Grievance Meeting.

3. The Grievance Appeal Committee will appoint a Chairman from one of its members.4. The employee/public complainant will be notified in writing (by email/letter) within

10 working days, of the appeal date, time and place of the appeal meeting.5. The appeal meeting will be held within 28 working days of the Council’s receipt of

the written request for an appeal.

At the Grievance Appeal Meeting:

1. The Chairman of the appeal meeting will introduce themselves and all members of the Grievance Committee.

2. The Chairman will explain the purpose of the meeting, which is to hear the employee/public complainant’s reasons for appealing against the decision of the Grievance Committee meeting.

3. The Chairman will explain the action that the Appeal panel may take.4. The employee/public complainant, employee’s companion or public complainants

companion will be asked to explain the grounds for appeal.5. The Grievance Appeal meeting may be adjourned to allow any new matters raised

during the meeting to be further investigated.6. The Chairman will inform the employee the decision of the Appeal Panel, and the

reasons for this decision will be send in writing, within 5 working days of the closure of the meeting.

After the Grievance Appeal Meeting:

1. The Chairman of the Grievance Appeal meeting will write to the employee/public complainant confirming the Grievance Appeal committee meeting’s decision within 5 working days.

2. The letter will set out any action, if any, that the Council will take. It will state that the decision off the Appeal Committee meeting is final.

The Appeal Panel may decide to uphold the original decision or substitute its own. The decision of the Appeal panel is final.

Grievance Guidance:

1. All Grievance Committee meetings and Appeal Committee meetings will be confidentially minuted and treated as an Extra-Ordinary meeting of the Corporate Body of the Council. However, the meeting will be held in private at the exclusion of the Press and Public. An Agenda will be prepared and displayed on the Noticeboards and website, notifying the Press and Public of their exclusion.

2. Workers have a statutory right to be accompanied by a companion at a grievance meeting which deals with a complaint about a duty owed by the employer to the worker. So this would apply where the complaint is, for example, that the employer is not honouring the worker’s contract, or is in breach of legislation.

3. Employers must agree to a worker’s request to be accompanied by a companion.

4. The chosen companion may be a colleague, an accredited trade union representative or an official employed by a trade union.

5. Workers may also alter their choice of companion if they wish.

6. If a worker’s chosen companion will not be available at the time proposed for the hearing by the employer, the employer must postpone the hearing to a time proposed by the worker provided that the alternative time is both reasonable and not more than five working days after the date originally proposed.

7. The companion should be allowed to address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not, however, have the right to answer questions on the worker’s behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.

8. If employees are dissatisfied with the outcome of internal procedures, it is possible that they may seek legal redress in the courts or employment tribunals. In these circumstances a council would need to seek professional legal advice. In some cases such as discrimination claims, legal proceedings can also be brought against individual councillors. A complaint under the Members Code of Conduct could also be made to the standards committee of the relevant principal authority.

9. If a former employee wishes to raise a grievance with their former employer, you do not have any statutory obligation to hear a grievance filed by a former employee after they have left. However, the Council may decide to investigate the matter as per the informal or formal Grievance process or it may decide not to deal with the grievance, each case should be decided upon its own merit as, when and if they should occur. For example, a former employee might have a dispute with his or her ex-employer that could form the basis of tribunal or court proceedings, and the employer may feel that it is appropriate to engage in dialogue with the individual in the hope of resolving the issue. However, this does not require the use of a formal grievance procedure with a right of appeal.

10. If you believe that one of the above grounds applies to you, it's vital that you take action quickly: you have 90 days from the date the grievance arose or came to your notice to raise the grievance with your employer. If you don't do this within the 90 days, the employer doesn't have to consider the grievance and you cannot take your grievance to the Employment Relations Authority. Assuming your employer does not consent to you raising the grievance outside the 90-day limit, you will be able to raise a late grievance only if you can satisfy the Employment Relations Authority that there are exceptional circumstances. Exceptional circumstances include the following:

I. You were so affected or traumatised by the relevant incidents that you were unable to properly consider raising the grievance within the 90-day period.

II. You made reasonable arrangements for someone to raise the grievance on your behalf, but that person failed to do this in time.

III. Your employment agreement does not contain an explanation of the personal grievance procedure, as the law requires.

IV. Your employer failed to give you a written statement of reasons for dismissing you after you requested it.

Grievance & Disciplinary Overlap:

1. Where a grievance and disciplinary case is related it may be appropriate to deal with both issues concurrently.

Disciplinary Procedure

Informal Disciplinary Process:-

Cases of minor misconduct or unsatisfactory performance are usually best dealt with informally. Rampton Parish Council will use all reasonable efforts to reach an agreement with the employee on an informal basis.

A quiet word is often all that may be required to improve an employee’s conduct or performance in some cases additional training, coaching and advice may be what is needed.

There will, however, be situations where matters are more serious or where an informal approach has been tried but is not working.

If informal action does not bring about an improvement, or the misconduct or unsatisfactory performance is considered too serious to be classed as minor, Rampton Parish Council will provide employees with a clear sign of their dissatisfaction by taking formal action.

Disciplinary Purpose & Scope

It is Rampton Parish Council’s aim to encourage improvement in individual conduct or performance. This procedure sets out the action which will be taken when disciplinary rules are breached or the employee’s standard of work is unacceptable to the Council and the Informal Disciplinary Process has failed to address the issue.

The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues as follows:

1. No disciplinary action will be taken until the matter has been fully investigated.2. At every stage an employee will be informed in writing of what is alleged.3. Have the opportunity to state their case at a disciplinary meeting and be

represented or accompanied, if they wish, by a work colleague or a friend.4. Employees will be provided, where appropriate, with written copies of evidence and

relevant witness statements in advance of a disciplinary meeting.

5. An employee will not be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will normally be dismissal without notice and without pay in lieu of notice. However the Council will consider each case on its own merit as, when and if it occurs.

6. An employee has the right to appeal against any disciplinary action.7. The procedure may be implemented at any stage if an employee’s alleged

misconduct warrants such action.

Formal Disciplinary Process:-

Verbal Disciplinary Warning:

1. The Chair or Vice-Chair will issue a verbal warning for the first instance of most general misconduct, depending on the seriousness of the matter.

2. If the employee is given a verbal warning they will be warned by the Chair or Vice-Chair of the likely consequences of any further disciplinary offences or a failure to improve their conduct to the satisfaction of the Council.

3. If the matter involves any employee other than the Clerk, the Clerk will place a note in the personnel file of the individual concerned and a copy for the employee.

4. If the matter involves the Clerk, then the Chair or Vice-Chair will place a note in the personnel file of the individual concerned and a copy for the employee.

5. The validity of a verbal warning will last for 6 months from the date it is given.6. The verbal warning stage may be bypassed if it is of an offence the Council deems

sufficiently serious.

Written FIRST Disciplinary Warning:

1. In the case of a serious offence, or repetition of an earlier minor offence within 6 months of a verbal warning, the employee may be issued a First Written Warning by the Council.

2. The Chairman or Vice-Chair will set out in the letter;a. The nature of the offence and the improvement required (if appropriate) and

over what period.b. The likely consequences of any further offence or failure by the employee to

improve their conduct to an acceptable standard.c. That further offences will result in more serious disciplinary action.d. Any help, support and training the Council can offer the employee to improve

matters.e. The employees right to an appeal.f. They will be informed that a Final written warning may be considered if no

sustained satisfactory improvement of change occurs during the six months following the date of the letter.

3. A copy of the letter will be kept in the personnel file of the employee.

4. The First written warning stage may be bypassed if it is of an offence the Council deems sufficiently serious.

Written FINAL Disciplinary Warning:

1. If further misconduct occurs within the six months time scale specified in the first written warning letter, or if the misconduct is sufficiently serious, the employee will be given a Final Written Warning by the Council.

2. The Chairman or Vice-Chair will set out in the letter;a. The nature of the offence and the improvement required (if appropriate) and

over what period.a. The likely consequences of any further offence or failure by the employee to

improve their conduct to an acceptable standard.b. That further offences will result in more serious disciplinary action up to and

including dismissalc. Any further help, support and training the Council can offer the employee to

try to improve matters.d. The employees right to an appeal.e. That the final written warning will be in force for 12 months from the date of

the letter.

Final written warnings may also be issued in circumstances where the misconduct does not amount to gross misconduct, but is serious enough to the Council to warrant only one written warning.

Disciplinary Investigation Guidance & Definitions

In cases of misconduct and gross misconduct, an investigation should be carried out as soon as possible. Different people should carry out the investigation to any subsequent disciplinary hearing. Sometimes investigations can be undertaken by an independent, external person. It may be necessary to suspend the employee pending investigation where there is an allegation of gross misconduct. This should be done on full pay and for as brief a time as possible. It is not always necessary to carry out an investigation, such as in cases of poor performance.

If, following an investigation a council decides that there is no case to answer, it should inform the employee in writing.

If the council decides there is a case to answer about alleged misconduct or gross misconduct, an employee should receive written information about the possible disciplinary outcomes.

In cases of misconduct, and gross misconduct the employee should receive a relevant investigation report with supporting witness statements and any other evidence. The

employee should be invited to attend a meeting. The letter should include details of Venue, time and the employee’s right to be accompanied.

Misconduct – The Following list provides examples of actions normally regarded as misconduct which may lead to disciplinary proceedings. The list is not exhaustive:

Unsatisfactory Time Keeping Absenteeism Failure to comply with the rules and regulations applicable to job requirements Acting without care for safety Insubordination Failure to perform the duties and responsibilities of their post to the standard

expected by the CouncilGross Misconduct – The Following list provides examples of actions normally regarded as Gross Misconduct which may lead to disciplinary proceedings. The list is not exhaustive:

Wilful damage to Council property Working under the influence of Alcohol Incapacity at work due to the influence of illegal drugs and other similar un-

prescribed substances. Assaulting a fellow employee, a council member or any other person whilst acting or

purporting to act on the behalf of the Council Insulting, indecent or offensive behaviour to a fellow employee, a council member or

any other person whilst acting or purporting to act on the behalf of the Council. Serious and/or repeated harassment and/or bullying towards a fellow employee, a

council member or any other person whilst acting or purporting to act on the behalf of the Council, including those of a sexual/gender, racial, religious or sexual orientation nature.

Conduct bringing the Council into disrepute Bribery Money Laundering Handling Stolen Goods whilst acting or purporting to act on the behalf of the Council Theft Fraud Refusal or repeated failure by an employee to carry out their duties Unauthorised disclosure of confidential items, eg those exempt from the FOI Act or

items the Council has closed to the press & public. Wilful falsification of documents

Misconduct Disciplinary Meeting Procedure

If Following Verbal Warnings, First & Final Written Warnings there are cases of further misconduct within the time frame of a Final Written Warning in force, or if the misconduct is sufficiently serious that the Council deems it appropriate to contemplate dismissal, demotion or suspension, the following procedure will be followed:

1. The Council will then appoint a Disciplinary Committee of at least 3 Councillors but no more than 4.

2. Should the Disciplinary action relate to the Village Lengthsman (or other employee other than the Clerk) then the Clerk, as the employee’s line manager will be a member of the Disciplinary Committee.

3. Should the Disciplinary action relate to the Clerk, then the Clerk will not be a member of the Disciplinary Committee.

4. The Disciplinary Committee will investigate the matter before holding a committee meeting.

5. They will take into account any statements of any available witnesses6. The Disciplinary Committee will within 21 working days, invite the employee (and

member of the public if it involves a complaint made by the public against an employee) to attend a Disciplinary Committee meeting. The invite will include the following:

a. The name of the Chair of the disciplinary Committee and its other membersb. A summary of the alleged conduct or other circumstances which lead it to

contemplate dismissal or disciplinary actionc. Date, time and place of the disciplinary meeting. (Reasonable notice of at

least 7 working days will be provided)d. The employee’s right to be accompanied by a representativee. A Copy of the Council’s Disciplinary Proceduref. Confirmation that witnesses may attend on the employee’s behalf and that

the employee must provide names of any witnesses at least 3 working days before the meeting.

g. Confirmation that the employee will provide the Council with any supporting evidence at least 3 working days before the meeting.

h. Notice that Proceedings will be minuted by a note-taker and held in private, with exclusion of the press and public.

i. If the date and time of the meeting is inconvenient to the employee or their representative, then they will be given one chance to attend at another date & time within 14 working days of the original date.

At the Misconduct Disciplinary Meeting:

1. The Chairman of the meeting will introduce themselves and all members of the Disciplinary Committee.

2. The Council will set out the summary of the alleged conduct or other circumstances which lead it to contemplate dismissal or disciplinary action and present any evidence.

3. The Chairman will explain what action the Council would like to take.4. Any member of the Committee, the employee/public complainant, or the

employee’s companion, may question any called witness.5. The Employee/public complainant or the employee’s companion will have the

opportunity to sum up their case.

6. The Disciplinary meeting may be adjourned to allow any matters raised during the meeting to be further investigated.

7. The Chairman will notify the employee/public complainant of the Disciplinary Committee’s decision. They will inform them this will be confirmed in writing within the next 5 working days.

After the Misconduct Disciplinary Meeting:

1. The Chairman of the Disciplinary meeting will write to the employee/public complainant confirming the Disciplinary committee meeting’s decision within 5 working days.

2. The letter will set out any action, if any, that the Council will take and the employee’s/public complainant’s right to appeal.

Misconduct Disciplinary Appeal:

There can be a number of reasons for an appeal, these may include, but are not limited to: Failure by the Council to follow its Disciplinary Procedure The decision was no supported by evidence Actions proposed by the Disciplinary Committee were inadequate and/or

inappropriate New evidence has come to light since the Disciplinary Committee meeting.

If the employee/public complainant decides that their Disciplinary has not been satisfactorily resolved they are entitle to an appeal as follows:

1. The employee/public complainant must request an appeal in writing (letter or email) to the Chairman of the Council within 5 working days of the Employee/public complainant receiving the Grievance Committee Meeting’s written decision.

2. The Chairman shall consider the advice of a neighbouring Parish Council Chair, District or County Councillor or NALC, the Chairman will then set up an Disciplinary Appeal Committee.

3. The Disciplinary Appeal Committee will be made up of at least three Councillors who were not participants of the original Disciplinary Meeting.

4. The Disciplinary Appeal Committee will appoint a Chairman from one of its members.

5. The employee/public complainant will be notified in writing (by email/letter) within 10 working days, of the appeal date, time and place of the appeal meeting.

6. The appeal meeting will be held within 28 working days of the Council’s receipt of the written request for an appeal.

At the Misconduct Disciplinary Appeal Meeting:

7. The Chairman of the appeal meeting will introduce themselves and all members of the Disciplinary Committee.

8. The Chairman will explain the purpose of the meeting, which is to hear the employee/public complainant’s reasons for appealing against the decision of the Disciplinary Committee meeting.

9. The employee/public complainant, employee’s companion or public complainant’s companion will be asked to explain the grounds for appeal.

10. Any new evidence that the employee wishes to put forward will be considered, as will any new evidence from the Council.

11. The Council will review the original disciplinary penalty.12. The Chairman will explain the action that the Appeal panel may take.13. The Disciplinary Appeal meeting may be adjourned to allow any new matters raised

during the meeting to be further investigated.14. The Chairman will inform the employee the decision of the Appeal Panel, and the

reasons for this decision will be send in writing, within 5 working days of the closure of the meeting.

After the Misconduct Disciplinary Appeal Meeting:

3. The Chairman of the Disciplinary Appeal meeting will write to the employee/public complainant confirming the Disciplinary Appeal committee meeting’s decision within 5 working days.

4. The letter will set out any action, if any, that the Council will take. It will state that the decision off the Appeal Committee meeting is final.

The Appeal Panel may decide to uphold the original decision or substitute its own. If the employees appeal is against dismissal and the appeal is successful, the employee will be reinstated and continuity of employment will be preserved.

The decision of the Appeal panel is final.

Gross Misconduct Disciplinary Meeting Procedure

If an employee is accused of Gross Misconduct he or she may be suspended from work on full pay pending the outcome of an investigation into the alleged offence(s)

If the gross misconduct is sufficiently serious that the Council deems it appropriate to contemplate dismissal, demotion or suspension, the following procedure will be followed:

1. The Council will then appoint a Disciplinary Committee of at least 3 Councillors but no more than 4.

2. Should the Disciplinary action relate to the Village Lengthsman (or other employee other than the Clerk) then the Clerk, as the employee’s line manager will be a member of the Disciplinary Committee.

3. Should the Disciplinary action relate to the Clerk, then the Clerk will not be a member of the Disciplinary Committee.

4. The Disciplinary Committee will investigate the matter before holding a committee meeting.

5. They will take into account any statements of any available witnesses7. The Disciplinary Committee will within 21 working days, invite the employee (and

member of the public if it involves a complaint made by the public against an employee) to attend a Disciplinary Committee meeting. The invite will include the following:

a. The name of the Chair of the disciplinary Committee and its other membersb. A summary of the alleged conduct or other circumstances which lead it to

contemplate dismissal or disciplinary actionc. Date, time and place of the disciplinary meeting. (Reasonable notice of at

least 7 working days will be provided)d. The employee’s right to be accompanied by a representativee. A Copy of the Council’s Disciplinary Proceduref. Confirmation that witnesses may attend on the employee’s behalf and that

the employee must provide names of any witnesses at least 3 working days before the meeting.

g. Confirmation that the employee will provide the Council with any supporting evidence at least 3 working days before the meeting.

h. Notice that Proceedings will be minuted by a note-taker and held in private, with exclusion of the press and public.

i. If the date and time of the meeting is inconvenient to the employee or their representative, then they will be given one chance to attend at another date & time within 14 working days of the original date.

At the Gross Misconduct Disciplinary Meeting:

1. The Chairman of the meeting will introduce themselves and all members of the Disciplinary Committee.

2. The Council will set out the summary of the alleged conduct or other circumstances which lead it to contemplate dismissal or disciplinary action and present any evidence.

3. The Chairman will explain what action the Council would like to take.4. Any member of the Committee, the employee/public complainant, or the

employee’s companion, may question any called witness.5. The Employee/public complainant or the employee’s companion will have the

opportunity to sum up their case.6. The Disciplinary meeting may be adjourned to allow any matters raised during the

meeting to be further investigated.7. The Chairman will notify the employee/public complainant of the Disciplinary

Committee’s decision. If the committee believes the employee is guilty of gross misconduct their employment will be terminated summarily without notice or pay in lieu of notice. They will inform them this will be confirmed in writing within the next 5 working days.

After the Gross Misconduct Disciplinary Meeting:

1. The Chairman of the Disciplinary meeting will write to the employee confirming the Disciplinary committee meeting’s decision within 5 working days.

2. The letter will set out decision of the Council to terminate their employment, the date on which the employment is terminated, that there will be no notice or pay in lieu of notice.

3. The letter will advise the employee’s right to appeal.

Gross Misconduct Disciplinary Appeal:

If the employee wishes to appeal, they must write (letter or email) to the Chairman within 5 working days of receiving the Council’s letter. The Chairman will then follow the following procedure:

1. The Chairman shall consider the advice of a neighbouring Parish Council Chair, District or County Councillor or NALC, the Chairman will then set up a Gross Misconduct Disciplinary Appeal Committee.

2. The Gross Misconduct Disciplinary Appeal Committee will be made up of at least three Councillors who were not participants of the original Disciplinary Meeting.

3. The Gross Misconduct Disciplinary Appeal Committee will appoint a Chairman from one of its members.

4. The employee will be notified in writing (by email/letter) within 10 working days, of the appeal date, time and place of the appeal meeting.

5. The appeal meeting will be held within 28 working days of the Council’s receipt of the written request for an appeal.

At the Gross Misconduct Disciplinary Appeal Meeting:

1. The Chairman of the Gross Misconduct Appeal Meeting will introduce themselves and all members of the Disciplinary Committee.

2. The Chairman will explain the purpose of the meeting, which is to hear the employee’s reasons for appealing against the decision of the Disciplinary Committee meeting.

3. The employee or employee’s companion will be asked to explain the grounds for appeal.

4. Any new evidence that the employee wishes to put forward will be considered, as will any new evidence from the Council.

5. The Council will review the original disciplinary penalty.6. The disciplinary sanction imposed by the original Gross Misconduct meeting cannot

be increased upon.7. The Chairman will explain the action that the Appeal panel may take.8. The Gross Misconduct Disciplinary Appeal meeting may be adjourned to allow any

new matters raised during the meeting to be further investigated.9. The Chairman will inform the employee the decision of the Appeal Panel, and the

reasons for this decision will be send in writing, within 5 working days of the closure of the meeting.

After the Gross Misconduct Disciplinary Appeal Meeting:

5. The Chairman of the Gross Misconduct Disciplinary Appeal meeting will write to the employee confirming the Disciplinary Appeal committee meeting’s decision within 5 working days.

6. The letter will set out any action, if any, that the Council will take. It will state that the decision off the Gross Misconduct Appeal Committee meeting is final.

The Appeal Panel may decide to uphold the original decision or substitute its own. If the employees appeal is against dismissal and the appeal is successful, the employee will be reinstated and continuity of employment will be preserved.

The decision of the Appeal panel is final.

* * *

This documents was adopted by the Council at its Meeting held on 12th December 2017

The Next Review of this document should be no later than 31st May 2017