Agenda and minutes

There were no declarations of interest.

(a)  To agree the minutes of the Cabinet Member for Policing and Equalities meeting held on 4 December 2023

(b)  Matters arising

The minutes of the meeting held on 4 December 2023 were agreed and signed as a true record. There were no matters arising.

Report of the Chief Legal Officer

The Cabinet Member considered a report of the Chief Legal Officer which sought approval to proposed amendments to the Constitution in relation to changes to the Council’s policies and procedures that specifically relate to employment, namely Disciplinary, Enabling Attendance, Capability, Grievance and Collective Disputes.

It was proposed that Appeal Hearings specifically in relation to employment, be delegated to the Chief Executive (or Nominated Officer) so that Members would no longer directly hear Appeals for employees or the trade unions as part of these processes as set out in Part 3J and part 2M of the Constitution.

The Constitutional Advisory Panel at its meeting on 2 January 2024 considered and approved the following proposed changes to the Constitution:

a)  Amendments to the Appeals Committee Procedure Rules as set out in Part 3J of the Constitution and

b)  Amendments to the Scheme of Functions Delegations to Employees as set out in Part 2M of the Constitution.

Every employee must have a right to an appeal against an outcome in a process, as that is natural justice. Where appropriate, all the City Council’s policies offered that right, namely, Disciplinary, Enabling Attendance, Capability, Grievance and Collective Disputes policies.  This appeal right reached elected Members following a dismissal or alternative action short of dismissal, or for the grievance and collective disputes policies, as a fourth-tier challenge. This was above and beyond best practice as contained in the ACAS guidance which is based on three stages.

A fourth tier resulted in a lengthy and protracted process and a delayed outcome. There was no legal requirement for it, nor did the option reduce the number of cases that were submitted to tribunal.

Between 2018 and 2023 (to date), a total of 20 appeals were heard by Members. During this 6 year period, members did not reinstate or change the outcome of appeal submitted on behalf of either the trade unions or employees.

Any employment related matter would be dealt with internally using existing resources. In relation to the Collective Disputes Policy, again there was sufficient internal resource but also the ask in these cases as to the type of issue and involvement for Members was in relation to terms and conditions, which is the responsibility of officers.

Dismissal cases could result in Members giving evidence at Employment Tribunals and potentially having a wider involvement than they were aware of at the start of the appeal. The proposed changes would also prevent difficult positions if Council decisions had been taken which may result in an appeal, meaning Members would not be brought into a position of conflict.

Other authorities for example, Solihull and Wolverhampton had already adopted this approach as at the last Peer Review, it was suggested informally as something to be considered. Birmingham and Brighton had both also been recently advised to alter their practice so that Members no longer heard appeals. This, therefore, was a timely review in light of the City Council’s Peer Review in January 2024.

The amendments to the Constitution would be  ...  view the full minutes text for item 8.

There are no outstanding issues

There were no outstanding issues.

To consider any other items of business which the Cabinet Member decides to take as a matter of urgency because of the special circumstances involved.

There were no other items of public business.