FOI request (FOIR-186635138)

Disciplinary Hearings

Requested Mon 23 March 2020
Responded Fri 24 April 2020

FREEDOM OF INFORMATION REQUEST

It is becoming apparent that many Councils have adopted the same disciplinary processes, which breach the Human Rights Act 1998.

Disciplinary Hearings are part of the civil law and article 6 of the European Convention of Human Rights entitles the individual involved in them to specific rights and other implied rights.

It is my intention to raise specific issues in Parliament through my MP.

All Public Servants are bound by the 7 Principles of Public Life espoused by Lord Nolan in 1995.

The levels of apparent Malfeasance in Public Office in many Local Authority HR teams extend to:

1) Originating disciplinary investigations on the basis of anonymous or spurious allegations of criminality.

2) Denying the accused officer the right to a free, fair and impartial hearing by refusing the accused officer the opportunity to question alleged witnesses.

3) Denying the accused officer the right to read civil witness statements written by his/her accusers.

4) Deliberately causing the individual damage to their physical and mental health resulting in them being classed as unfit to work by qualified medical practitioners.

5) Undertaking disciplinary hearings in the accused officer's absence through their identified and certified ill health.

6) Completing dismissal of staff on the grounds of gross misconduct by abusing the civil law, principle of balance of probability does not mean that because an accusation is made it is correct. Licensing officers and enforcement officers in various disciplines are prone to malicious and spurious allegations these should be properly tested for veracity.

QUESTIONS of your authority for the years 2016, 2017, 2018, 2019, and 2020.

In each of the five years the data is required from 1st January to 31st December:

1) How many disciplinary cases have been commenced on the basis of anonymous letters or other complaints of criminal or corrupt behaviours against Council staff?

2) How many of those complaints of criminal or corrupt behaviours were reported to police for investigation?

3) How many staff accused of criminal or corrupt behaviours were presented with copies of civil witness statements prepared by the witnesses?

4) How many staff subject to such disciplinary procedures have suffered physical or mental impairments as identified by:

a) Qualified occupational health physicians?

b) Qualified medical practitioners?

5) How many disciplinary cases have proceeded to hearing whilst the accused officer was unfit through Sickness? And therefore unable to provide an adequate defence!

6) How many of those disciplinary cases resulted in a finding of guilty of Gross Misconduct?

7) How many of the officers accused of criminal or corrupt practices, yet were subjected to Council disciplinary procedures were:

a) Licensing Officers?

b) Enforcement Officers. (Inclusive of Planning, Environmental Health Officers, Highway Enforcement, Streetscene enforcement [including waste management, nuisance vehicles and other environmental issues]{Excluding Civil Enforcement Officers}

8) How many of those cases resulted in dismissal of the accused officer?

9) How many cases of unfair dismissal have been lodged against your local authority?

10) How many cases of unfair dismissal have been resolved by withdrawal by the officer alleging unfair dismissal, after financial settlement?

11) How much public money has been paid to staff who have lodged complaints of unfair dismissal against your local authority? (This includes all case settled out of court, including those where the offer was made immediately outside of the tribunal.)

12) How many non-disclosure agreements (NDAs) have been entered into by your local authority?

13) Does your disciplinary policy and procedure include a prohibition of 'bullying'?

Response

Q1 - None

Q2 - Not Applicable

Q3 - Not Applicable

Q4 - Not Applicable

Q5 - Not Applicable

Q6 - Not Applicable

Q7 - Not Applicable

Q8 - Not Applicable

Q9 - None

Q10 - None

Q11 - None

Q12 - None relating to unfair dismissal

Q13 - Our disciplinary policy/procedure does not specifically refer to bullying, however the subject is covered in other policies.