To seek approval of the proposed amendments to the Terms of Reference of the Human Resources Committee to include the determination of Appeals of Chief Officers for recommendation onto Full Council, together with a recommendation to establish a Chief Officer Employment Appeals Sub-Committee and to review the Council’s HR Policies and Procedures, to ensure they are consistent with the changes concerning appeals processes.

The Committee heard that it was important to set out the context of seeking to amend the Terms of Reference of the Human Resources Committee and that the Council’s Staff Handbook stated “Employees have a right to appeal against any formal disciplinary decision. The appeals procedure was part of the Disciplinary Policy and Procedures.”

Members were told that the Disciplinary Policy and Procedures issued by Human Resources updated October 2017 stated:

“15. APPEALS PROCEDURE

15.1 Refer to Appeal Policy”

APPEALS PROCEDURE (Updated August 2012):

“As an employee of the Council, there may be occasions where a formal decision was required to be taken about your employment. Where this occurs, formal policies and procedures will be followed to ensure a fair process is applied. It is essential that any actions or decisions made are based on facts and evidence provided as part of that process.

There may, however, be times where an employee is unhappy with the decision made or action taken. Where this occurs they have the right to appeal against that decision. The purpose of the Appeals Procedure is to outline the process which will be followed when exercising the right of appeal.

The right of appeal will usually apply where decisions are taken regarding the outcome of a disciplinary or capability hearing, formal grievance or redundancy selection. In all cases, the appeals process will be the same and further advice relating to each specific procedure can be found in the following policies:

• Disciplinary Policy, Rules and Procedure
• Grievance Procedure”

Members were also made aware that in paragraph 2.2 of the Disciplinary Policy and Procedure, the Scope of the Procedure was stated as:

“The procedure applies to all employees of Tendring District Council, with the exception of the Council’s Statutory Officers who are covered by National Employer’s procedures. These are agreements of the Joint Negotiating Committee (JNC) for Chief Executives and Chief Officers of Local Authorities. Cases where an employee’s ability to undertake the job they are employed to do is in question, will normally be dealt with under the Capability Procedure. Human Resources will advise on the best course of action to take in these circumstances.”

Officers informed Members that in September 2022, the Handbook for Chief Executives had been updated by the Joint Negotiating Committee for Chief Executives. The Conditions of Service for Local Authority Chief Officers had been last updated by the Joint Negotiating Committee in 2017. Further information on both of those documents was contained within the legal requirements section of the Officer report (A.6).

Consequently, there was a need to review whether the Council had the appropriate decision-making structure in place to accord with appeal requirements for the Chief Executive, Statutory Officers, and Non-Statutory Chief Officers and their deputies, as set in the relevant Staff Handbooks.

Members also heard that upon undertaking the review, it had been recommended that a Chief Officer Employment Appeals Sub-Committee was established with the Terms of Reference as set out in Appendix A of the Officer report, following a recommendation from the Human Resources and Council Tax Committee onto Full Council for approval and consequential amendments to the Council’s constitution.

It was moved by Councillor Amos, seconded by Councillor Guglielmi and unanimously:-

RESOLVED that the Human Resources and Council Tax Committee:-

(a)  notes the outcome of the review undertaken by the Council’s Monitoring Officer as requested by Full Council;

(b)  recommends to Full Council that:

(i)            the Human Resources and Council Tax Committee’s Terms of Reference be amended to include the determination of Employment Appeals of Chief Officers, with these functions being delegated to a Chief Officer Employment Appeals Sub-Committee;

(ii)           a Chief Officer Employment Appeals Sub-Committee is established with the Terms of Reference as set out in Appendix A of the Officer report (A.6), with the necessary amendments being made to the Council’s Constitution, to be highlighted in the reference report to Full Council;

(iii)          political proportionality would not apply to the Employment Appeals Sub-Committee, on the basis that it is not a committee which meets regularly; and

(c)   authorises the Head of People to undertake a review of the Council’s Human Resources Policies and Procedures, in consultation with the Head of Paid Service, to ensure they are up to date and consistent with the appeal process for Chief Officers as set out.