Issue - meetings

To receive a report regarding changes to the statutory disciplinary and dismissal procedures applying to English Local Authorities’ Heads of Paid Service, Monitoring Officers and Chief Financial Officers, as a result of the new Local Authorities (Standing Orders) (England) (Amendment) regulations 2015.

The Panel received a report by the LGSS HR Business Partner (a copy of which is appended in the Minute Book) presented in her absence by the Head of Resources, which proposed that the Panel recommend to the Council that the Constitution be amended to reflect the new regulations and to incorporate the requirements of the new Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015.

The Regulations amend the statutory disciplinary and dismissal procedures of English Local Authorities’ Heads of Paid Service, Monitoring Officers and Chief Financial Officers, and replace the statutory Designated Independent Person (DIP) process, outlined in the current Local Authorities (Standing Orders) (England) Regulations 2001.

The new Regulations require Authorities to have in place the new process ‘no later than the first ordinary meeting of the Authority falling after 11th May 2015’.

The Regulations state that before an Authority considers whether to dismiss an officer, it must convene a Panel made up of Councillors and at least two Independent Persons.  In response to questions it was explained to the Panel that the Independent Persons are appointed via a recruitment process and if the Council cannot recruit two Independent Persons it may invite Independent Persons appointed by another Council and that irrespective of whether the dismissal is as a result of a majority or a unanimous decision the Employee has a right of appeal against any disciplinary action or dismissal by the Council.

The report was initially considered by the Employment Panel and it was noted that in considering the report the Employment Panel were satisfied to recommend the report to the Panel for further progression.  Whereupon the Panel

RECOMMEND

that the Constitution be amended to reflect the new regulations and to incorporate the requirements of the new Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 as attached to the Officer’s report.