Approval
The Terms of Reference were approved by Coxhoe Parish Council at the Annual Meeting of the Council on 1 May 2019.
Premise
The purpose of this committee is to provide a process for and to reach decisions on appeals of grievance or disciplinary matters which have completed the process through the Human Resources, Grievance, Disciplinary and Complaints Committee.
Membership
The committee shall comprise of at least four councillors appointed at the Annual Council meeting or at a Council meeting. At the first meeting of the Committee a Chair will be elected by the members. The terms of reference must be approved by full Council. All Councillors will receive the agenda and draft minutes for each meeting.
Quorum
A quorum will be 3 members.
Meetings
The committee should hold meetings on a needs basis, convened by the Clerk.
Conditions
Due to the confidential nature of some items of business to be transacted it may be necessary to hold meetings (or parts thereof) in private in pursuance of Public Bodies (Admission to Meetings Act 1960 Section 1 as amended 2014 and by the Openness of Local Government Bodies Regulations 2014). This can be done at any point during the meeting. Staff will also be required to leave unless otherwise agreed by the Committee and a Councillor will be nominated to record the discussion and any resolutions during this period.
Minutes to be an agenda item and the minutes and the outcome of the appeal should be presented for noting at the next meeting of the parish council.
The Committee may co-opt to fill temporary vacancies.
The Committee is empowered to invite specialist professional officers or advisers to attend meetings to provide guidance as to matters under discussion. If a cost is involved this will be financed under code 4170 Human Resources Advice costs of the Parish Council budget.
The Committee has powers delegated by full Council to reach decisions within its remit.
Only members of the Committee may vote on agenda items. Staff will not be formal members of the committee and will not have any voting rights on this committee.
Non-Members of the Committee are subject to the same rules as Committee members regarding confidentiality and the requirements of the Code of Conduct.
The committee will comply with and have due regard to policies and guidance relating to staffing matters, which include (but are not limited to):
- Financial Regulations
- Parish Council Policies including for Disciplinary and Grievance
- Staff contracts which reference Terms and Conditions of Employment
- Advisory, Conciliation, and arbitration service (ACAS) guidelines and procedures for grievances or disciplinary matters
- National Joint Council (NJC) ‘Green Book’ pertaining to employment of local authority staff.
Restrictions
A member of the council will not sit as a member of the committee if that member has a conflict of interest.
The committee will not consider appeals on complaints which have been decided by the Human Resources, Grievance, Disciplinary and Complaints Committee as there is no right of appeal.
The Committee’s Responsibilities and Powers
The committee has powers and responsibilities to decide the outcome of an appeal.
The decision of the committee on any appeal will be final and there is no further right of appeal.
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