Aug 5, 2013 ... Cllr A Stevens. 1. TO RECEIVE APOLOGIES FOR ABSENCE. ( Agenda item 1 ).
Cllr R Atkins, and Cllr The Reverend John Baines ( Holiday's ).
NEW MILLS TOWN COUNCIL Minutes of the EMERGENCY GENERAL MEETING of the NEW MILLS TOWN COUNCIL, held in the Council Chamber, Town Hall, New Mills Derbyshire, on Monday 29th July 2013, starting at 19:00hrs. PRESENT :- Cllr G Bowers ( Chair ), Cllr Dowson ( Vice Chair ), Cllr Ashton, Cllr A Barrow, Cllr A Bowers, Cllr J Gadd, Cllr M, Gadd, Cllr Huddlestone, Cllr D I Lamb ( Minute Taker ), Cllr A Stevens. ! ! ! ! ! ! ! ! ! ! 1! TO RECEIVE APOLOGIES FOR ABSENCE ! ( Agenda item 1 ) ! Cllr R Atkins, and Cllr The Reverend John Baines ( Holiday’s ) ! ! ! ! ! ! 2! VARIATION OF ORDER OF BUSINESS ! ( Agenda item 2 ) ! None 3! ! !
ITEMS TO BE MOVED FROM PART 1 OF THE AGENDA ( Agenda Item 3 ) None!
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DECLARATION OF MEMBERS INTERESTS ( Agenda item 4 ) Cllr L Dowson declared a personal interest as a named Cllr in the Grievance file Cllr A Bowers declared a personal interest as a named Cllr in the Grievance file! Cllr A Stevens declared a Personal and Predjudicial interest, Married to Sue Stevens. Cllr M Gadd declared a personal interest as a named Cllr in the Grievance file and as it just for noting, have no need to withdraw. Cllr I Huddlestone declared a personal interest as a named Cllr in the Grievance file Cllr J Gadd declared a personal interest as a named Cllr in the Grievance file and as it is noted that there is to be no discussion on the item will stay in the meeting Cllr D I Lamb declared a personal interest as a named Cllr in the Grievance file and was to stay in the meeting as there was to be no discussion.
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PUBLIC SPEAKING None
DRAFT
PART 2 CONFIDENTIAL ! !
Cllr L Dowson, Cllr I Huddlestone, Cllr A Stevens withdrew from the meeting at this point.
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THE GRIEVANCE BROUGHT BY OUR CLERK Cllr G Bowers ( Chair ) read out to the remaining Cllrs the following.
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I just want you to be aware that we have a file containing the grievance from the Clerk, and I am seeking the most appropriate way forward. Furthermore I have not 1
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brought the file tonight, at this point, I am advised that I have to make the following statement It is Mrs Stevens right under Employment Rights Act, to have a grievance heard, fair impartially and promptly.
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Any Individuals named as part of Mrs Stevens grievance, must ensure that they remain clear and transparent in their actions.
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It is not possible for any Cllrs to have sight of or know the content of the grievance file, apart from Myself and Cllr The Reverend John Baines.
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All Cllrs will be given the opportunity to state their case, during the grievance investigation
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Any Cllrs who breach this advice, will not only jeopardise the strength of the case, but if the case goes to tribunal, then any awards a tribunal wish to impose, will fall to the direct individual, and collective responsibility of all Cllrs. This is to do with Personal Liability As It has been made very clear under advice, that access to the grievance file would be unreasonable and unfair, and would jeopardise the fundamental rights and entitlements of the employee, a proper process has been clarified, and would not have been adhered to were access to be demanded or taken. This would mean that the actions of a fair and reasonable employer, would have not been adhered to, therefore as employers it forms an effective breach of employment contract, and employment rights act
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Our Insurers, would not agree to settle due to the intentional and deliberate acts of jeopardy.
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Cllrs should remember that this grievance is not about them, it is the rights and entitlements of an employee.
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It may well be frustrating to have accusations or comments made against you for which you are not privy to, or are able to confirm or deny or defend your position. However as an employer, there is a certain professional way to act in which we must respect employment law, legislation, regulation and best practise, even in instances such as this where we believe that as Cllrs it is our right to have access to the grievance contents. It is not and will not be, until sich a time as the grievance is completed.
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At this juncture, the grievance has not been heard, therefore Cllrs will need to provide a statement, as part of the investigation.
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This procedure must be fair and impartial, and be seen to be fair and impartial, and if Cllrs have access to information with in the grievance, this can not be the case.
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I hope that you will all appreciate what I have said in the statement, and co-operate fully.
DRAFT
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Cllr Barrow asked at the end of the Chairs statement for information, who had given the advice, to which the Chair replied - DALC. Cllr Barrow further asked for a copy of the statement.
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Cllr Ashton commented on the way forward, and as the Chair was the Spouse of a named Councillor has an interest.The Chair would look for legal advice, on that point. Also following legal advice, the matter was not to be discussed.
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Cllr L Dowson, Cllr I Huddlestone, Cllr A Stevens rejoined the meeting at this point.
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THE VILLAGE GREEN APPLICATION
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Two letters, relating to a Town or Village Green application, for a piece of land known as Ladyshaw Bottom, New Mills were handed out to the Council, for information.
DRAFT Meeting Closed
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