This course covers the complex issue of disciplining and dismissing statutory officers. It is designed to provide an understanding of the legal requirements, the process and the practical steps that can be taken to mitigate the risks of challenge.
The course will cover:
- An outline of the legal position and protections for statutory officers
- What is meant by “disciplinary action and dismissal” in this context
- Governance issues - the structures/”building blocks” needed to manage the process (including what needs to be in constitutions, schemes of delegation, and Officer Employment Procedure Rules, and how members are involved)
- A detailed look at the process which needs to be applied
- Suspension
- Settlement as an alternative option (and the application of statutory guidance to payments)
- Q&A
There will be a case study to facilitate interactive participation and illustrate the issues in practice.
The course will help you to:
- Feel confident about the legal requirements and how to manage the process.
- Understand whether your council is prepared in terms of having the necessary structures in place.
Partner, Bevan Brittan
David specialises in regulatory, governance and information law. He provides advice, training and support to various public bodies including local government, NHS Trusts, NHS CCGs, National Park Authorities, and Housing Associations, as well as to private and third sector bodies.
David's practice includes advising on vires and constitutional issues; conduct and ethical standards; complaints and investigations; information law (DPA/GDPR, FOIA, EIR and RIPA); governance and the democratic process (including technical elections issues); senior officer disciplinary and departures; and governance around shared services and outsourcing.
Prior to joining Bevan Brittan David worked for a local authority for almost 13 years, the latter 6 of which he was the Deputy Monitoring Officer and Senior Information Risk Owner. During this time he frequently delivered advice requiring a high degree of political awareness and sensitivity, and advised upon and resolved many technical and contentious issues.
Partner, Bevan Brittan
Sarah is a specialist employment lawyer with over 25 years' experience in all aspects of contentious and non-contentious employment law. She has particular expertise in TUPE transfers, restructuring and redundancies, complex employment litigation, discrimination/equality issues and senior staff exits. Sarah acts for clients across a wide range of sectors including major corporate employers, housing associations, education bodies and charities and is the Firm’s lead on providing employment advice to local authorities.
Sarah's general experience includes all areas of employment work and she has dealt with a number of high profile cases in Tribunals, the Employment Appeal Tribunal, the High Court and the Court of Appeal. She has specific expertise in advising on equal pay and discrimination, restructuring and redundancy programmes, negotiated exits, changing terms and conditions, and providing TUPE advice in connection with service delivery models including shared services, partnering arrangements, joint ventures and outsourcing. Sarah also provides support to in-house legal and HR teams, acting as a sounding board on both strategic and operational HR issues.
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09:00 - 12:00
Online
