Issue - meetings

The Committee considered a new Disciplinary Policy and Procedure for Statutory Officers and non-Statutory CMT Officers. The policy and procedure had been written to provide a process for disciplinary matters that affected the Corporate Management Team (CMT).

The policy and procedure reflected the requirements of the Local Authorities (Standing Orders) (England) Regulations 2001 and the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 and was also in line with the ACAS Code of Practice. In addition, it provided clear guidance on each stage of the process, the roles of the Employment Committee and its sub committees, and the role of HR in the process.

The Policy and Procedure had been considered by the Joint Staff Consultative Group at its meeting on 16 January 2020 and had also been subject to a statutory consultation with staff.

In response to queries raised, Members were advised that the provision for an officer to choose from the names of 3 Independent Investigators was in line with Joint Negotiating Committee policy. It was also clarified that, although there could be instances where an officer could be suspended without pay, this would depend on their contract. As this was not a provision in the Council’s contracts it was agreed to remove this reference from the Policy.

Members noted that, in cases of capability referred to at paragraph 7.2, the Leader would set an appropriate action plan.

The following changes were also agreed:

a)    The addition of the Speak Up Policy to the list of policies referred to in paragraph 2;

b)    The addition of a footnote at paragraph 5.6 to explain that the Investigating and Disciplinary Committee was a legislative term;

c)    The correction of paragraphs 8.3.3 and 8.3.4 to refer to ‘officers’, rather than the Head of Paid Service;

d)    Amending paragraph 10.2.1 (c) and (d) to state ‘clear working days’, rather than ‘working days’;

e)    Clarification of wording at paragraph 10.4 to provide for mitigating circumstances, including where an officer was on sick leave;

f)     The addition of reference of the right to appeal against a preliminary warning at paragraph 21.3.

The Committee noted that the legislation relating to these procedures had been made in 2015 and expressed its concerns about the delay in introducing these policies.

RESOLVED that

(i)        the Disciplinary Policy and Procedure for Statutory Officers and non-Statutory CMT Officers, as set out at Annex A to the agenda report, as amended, be adopted; and

(ii)      the finalisation of the wording of amendments proposed be delegated to the Executive Head of Transformation in consultation with the Chairman and Vice Chairman of the Employment Committee, after any necessary discussions with Staff Representatives.