SUMMARY/PURPOSE
1.
To establish a capability and
disciplinary procedures for JNC Chief Officers, other than those subject to
statutory procedures.
BACKGROUND
2.
The terms of reference of this committee include to “Discharge the
functions of appointing staff and to determine the terms and conditions under
which they hold office (including procedures for their dismissal).” No
procedure has previously been formally adopted.
STRATEGIC CONTEXT
3.
Disciplinary and capability
procedures are required by law and by the contracts of staff on JNC Chief
Officers Terms and Conditions.
CONSULTATION
4.
The procedure proposed gives
effect to existing contracts of employment which were adopted following
national negotiation with recognised trade unions. Individual consultation has
been undertaken with the representatives of one employee not contractually
entitled to either JNC Chief Officer terms and conditions or statutory
procedures.
FINANCIAL/BUDGET IMPLICATIONS
5.
There are no financial
implications associated with this report which cannot be absorbed within
existing budgets to service member decision making.
LEGAL IMPLICATIONS
6.
The procedure proposed delivers
the contractual rights and obligations of staff on JNC Chief Officers Terms and
Conditions, and also to the obligation to establish fair procedures which
conform to the new Dispute Resolution Regulations. The requirement for political proportionality do not apply to
panels of three members, but it is suggested that the principle of proportionality
should be applied in that members of the panel should not all be drawn from one
(or no) political group.
OPTIONS/ EVALUATION/RISK MANAGEMENT
7.
A copy of the relevant parts of
the JNC Chief Officers Terms and Conditions are set out as Appendix 1. The
approach set out below represents the best method of delivering those
contractual obligations in the event that capability proceedings are required.
Any alternative would require negotiation with individual employees, and with
trade unions.
8.
The risks associated with any human relations
procedure arise from the need to balance the rights of individuals (and the
need to maintain good employee relation) with the objective of delivering
continually improving services. If individual rights are infringed, liability
enforceable in the courts is created, whereas if capability and disciplinary
issues are not pursued, service delivery will suffer.
9.
It is therefore suggested that two member bodies are
established:
JNC
Chief Officer Capability & Disciplinary Panel
Membership
3
members of the council, appointed by the Chief Executive Officer, on
recommendation from Group leaders and not to be drawn from a single political
group (nor exclusively from members who are not members of a political group)
Terms of reference
To
determine issues relating to the capability or competence of Officers employed
on JNC Chief Officers Terms and Conditions referred to it by the Chief
Executive Officer (as Head of Paid Service) or by the Head of Human Resources
JNC
Chief Officer Capability & Disciplinary Appeals Panel
Membership
3 members of the
council, appointed by the Chief Executive Officer, on recommendation from Group
leaders and not to be drawn from a single political group (nor exclusively from
members who are not members of a political group)
Terms of reference
To determine appeals
arising from any issue previously determined by the JNC Chief Officer
Capability & Disciplinary Panel.
RECOMMENDATIONS To
establish a JNC Chief Officer Capability & Disciplinary Panel and a JNC
Chief Officer Capability & Disciplinary Appeals Panel, with membership
and terms of reference set out in paragraph 13. |
Contact
Point : Max Burton. Tel: (01983) 823121 email: [email protected]
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MAX BURTONHead
of Human Resources |