EPPING FOREST DISTRICT COUNCIL
COMMITTEE MINUTES

Committee: Staff Appeals Panel Date: 14 November 2001

Place: Training Room, Epping Depot, Time: 9.30 a.m. – 12.55 p.m.
Epping 1.30 p.m. – 4.15 p.m.
(adjourned session)

Members: Councillors S Barnes (Chairman), Mrs P Smith (Vice-Chairman), L Harris,
K Wright

Apologies: Councillor M Welch

Appearing for Miss C O'Boyle (Head of Legal and Administration)
the Council:

Officers A Tidey (Head of Human Resources), S G Hill (Policy Unit)
Present:

6. MINUTES

RESOLVED:

That the minutes of the meeting of the Panel held on 28 September 2001 be
taken as read and signed by the Chairman as a correct record.

7. PROCEDURE

The Panel noted the agreed procedure for its conduct in determination of
staff appeals.
It was noted that the Council's Constitution provided for the Panel to consist
of all five members (or substitute members). In the absence of one of the
members of the Panel because of illness, the Council Side, the Appellant and
the Panel agreed to proceed with the hearing with only four members of the
Panel.

8. EXCLUSION OF PUBLIC AND PRESS

RESOLVED:

That, in accordance with Section 100A(4) of the Local Government Act 1972, the
public and press be excluded from the meeting for the item of business set out
below as it will involve the likely disclosure of exempt information as
defined in the paragraph of Part 1 of Schedule 12A of the Act indicated:

Agenda Exempt Information
Item No. Subject Paragraph Number

5 Staff Appeal 2/2001-02 1

9. STAFF APPEAL 2/2001-02

The Panel considered an appeal by Mr M Farthing, an employee of Leisure
Services, against the determination of a grievance against the Council
relating to promotion and

recruitment processes within Leisure Services. The appellant was in
attendance at the meeting, accompanied by Mr D Powell of the GMB Union, who
assisted in the presentation of his case. The Council's case was presented by
Miss C O'Boyle (Head of Legal and Administration), who called Mr A Clear, Ms C
Andrews, Mrs K Bames, Mr D Goodey, Mrs L MacNeill, Mr D Macnab as Witnesses.
Mrs S Fox was called in support of the appellant's case. Mr A Tidey (Head of
Human Resources) advised the Panel as required, on details of employment
policies relevant to the appeal.

Following consideration of submissions from both parties and appropriate
cross-examination, the Panel determined the appeal in private session. Mr
Farthing, Mr Powell and Miss O'Boyle were subsequently recalled to the meeting
and advised of the Panel's decision by the Secretary.

RESOLVED:

(1) That it is the unanimous decision of the Panel that on the basis of the
evidence presented to the Panel by and on behalf of the appellant and the
Head of Legal and Administration in writing and orally, the grievance be
dismissed on the following grounds:

(a) no evidence has been presented to substantiate any claims as to why the
appellant had not obtained a Duty Manager's position other than failure to
interview effectively and obtain the standard required;

(b) no evidence has been provided to prove any flaw in the Leisure Services
recruitment procedures given agreed arrangements prevailing in the run up to the
closure of Loughton Swimming Pool; and

(c) claims of victimisation are not proven by reference to recent SDR's and
management support post interviews; and

(2) That the Council, through the Assistant Head of Leisure Services, offers
appropriate advice and support to help the appellant move forward including
personal coaching if required.

CHAIRMAN
364

363
Staff Appeals Panel 14 November 2001