Employment

Whether your council employs a single member of staff for a few hours a week or you are a larger council with a team of individuals, good employment practice from recruitment through to support and development is key to achieving the best outcomes for your community.  It is important that the whole councils is aware and understands its role and responsibilities as an employer.

A good employer is: 

• communicative

• flexible

• views employees as partners

• understands the importance of a work/life balance

• looks and plans ahead

• is open to new ideas and feedback

• recognises employee accomplishments and

• promotes a positive work environment

 

A council must act lawfully and therefore it must understand the implications of employment law and the duties it has to employees as a whole council. There is a whole range of legislation which covers employees of the council and the council must ensure it has the right policies and procedures in place and that all councillors follow these.  Local councils, like any other employer, must be seen to act in a fair and reasonable manner.

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.  Fairness in the workplace in a vital part of any successful organisation and the aim of the Equality Act is to  improve equal job opportunities and fairness for employees and job applications.  Council should have policies in place so these outcomes happen.  Under the Act is it unlawful to discriminate against people at work because of nine areas themed in the legislation known as 'protected characteristics'.  

Use this link to the ACAS website to find out more about discrimination and the law.

The most effective councils are hose with a climate of mutual respect.  This means there are effective partnerships between the chair or mayor, clerk/officers to the council and the councillors.  This is built on understand the key roles and responsibilities of all those involved, for example:

 the clerk is the 'Proper Officer' under the Local Government Act 1972 and they and any other officers are employees of the council.  The clerk administers the affairs of the council which includes advising on policy matters and guidance on procedural issues.  They also ensure decisions are conducted according to the relevant rules, regulations and procedures.

 no councillor may require the clerk to carry out any duty or function that does not have the sanction of the full council.  Although usually the chair or mayor give some support to the clerk, they have no legal right to give any other directions.  The chair or mayor or councillors should not take any responsibility for administrative, managerial or supervisory tasks.  This is the role of the clerk.

Whether your council employs a single member of staff for a few hours a week or you are a larger council with a team of individuals, good employment practice from recruitment through to support and development is key to achieving the best outcomes for your community.  It is important that the whole councils is aware and understands its role and responsibilities as an employer.

A good employer is: 

• communicative

• flexible

• views employees as partners

• understands the importance of a work/life balance

• looks and plans ahead

• is open to new ideas and feedback

• recognises employee accomplishments and

• promotes a positive work environment

Employees should be seen as an investment as they are key to helping your council deliver the outcomes and services you want for your local community.  Below is a suggested step-by-step approach to take when recruiting new employees and, if you have not already done so, it is sensible to set up a HR/staffing committee and you may find these suggested draft terms of reference useful - use this ink to access.

• Begin with identifying a potential start date and, if it is to replace an existing employee, ideally factor in a handover period as part of your induction arrangements.  Consider also if there are any budget implications that might need approval.
  
  

• Set a timetable:

  • date to publish the advert and consider where the job will be advertised (if possible choose at least two different locations)

  •  closing date for applications

  • date for interview (s), location and any follow up assessment
    
    

• If it is an existing role, use the opportunity to consider if the aims of the job have changed and how this might affect what are essential skills, number of hours and the salary scale.  

• If it is a new position your council should have already considered and agreed what staff are needed, why and the associated costs.
  
  

• Prepare the advert and the following documents that will form an application pack: 
  
  

  • job description and person specification

  • job application form - make sure you include a request for references

  • equality and diversity monitoring form

  • job offer letter, written Statement of Terms and Conditions of Employment

  • information about the council
    
    

• Councils should note that from April 2020 employers must provide any new member of staff with a written Statement of Particulars from the first day of employment.  This includes workers such as casual staff such as a temporary clerk.   You can access a copy of the latest version / template from the ACAS website by using this link.   In addition probationary periods must ow be included in contracts meaning that the new Statement of Particulars now needs to include a statement that explains whether a probationary or trial period exists, how long it will last for and whether there are any conditions attached.  Further, working hours must be clear and the Statement requires a greater degree of clarity and certainty such as the days of the week the worker is required to work, whether the hours will be variable and how they might vary.  Finally, employers should include a clause about training and clearly stipulate if any training is to be completed.

• Ensure the council is clear about the rules of hiring someone from outside of the UK.  Use this link to access information available on the ACAS website.   

• Agree who will send out the application packs and deal with the administration side - eg: advising candidates of shortlisting, invitation to interview (ensuring they ask and make reasonable adjustments if requested by candidates), receive references, advise of outcomes.
  
  

• Set up the interview panel and establish:
  

  • who will sit on the interview panel (this must be more than one person and ideally someone with experience of conducting interviews).  Make sure the panel understands that they should not ask personal information or for personal views that are irrelevant to the job or potentially discriminatory questions.  Do not ask health-related questions before making a job offer.

  • who will plan the questions to probe skills and qualities essential for the job - make sure the questions are asked is an open style, for example starting with 'what' or 'why' or 'when' and 'how'.  This will help avoid yes or no answers.

  • how candidates' answers will be scored including any planned selection tests such as presentations 

  • who will sift through application forms and draw up a short list for interview/further assessment.  It is recommended at least two people undertake this task and ensure they use the job description and person specification to ensure they objectively draw up a shortlist of candidates for interview and/or further assessment

When conducting the interview welcome the candidate and give them time to settle and prepare themselves and any materials they plan to use.  Briefly outline the job and explain briefly about the work of the council and the community it serves.  Explain how the interview will be conducted to help put the candidate at ease and how any questions they might have will be dealt with.

The panel should listen and take brief notes on key points and ensure they keep to the timeframe and allow for the candidate to ask questions. 

Before the end of the interview explain when the candidate can expect to hear back from the council and that any offer to the successful candidate will be subject to pre-employment checks including immigration checks.  Use the scoring method agreed to choose the best person for the job.

Finally, send the successful candidate a job offer letter and explain in writing the pre-employment checks that will have to be made.  These checks should include the candidate's right to work in the UK and references.   The council should write/contact all unsuccessful candidates and offer to give carefully considered feedback, if requested.

Before the recruit starts their new job the council must:

• provide a Written Statement of Terms and Conditions of Employment - this must be provided from the first day of employment

• Remind them where to find out about the council's procedures and policies

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The ACAS website has a range of useful tools and guidance which provide more detail that the basic overview above.  

Whilst not all workers are employees (some people are self-employed for example) it is the view of the National Association of Local Councils (NALC) that council works are generally employees because clerks are office holders.  Therefore councils must always deduct tax and any National Insurance contributions from their pay.

Employees should have a contract of employment which forms the basis of the employment relationship.  This results in a number of rights and duties such as:

• the right not to be discriminated against

• the right to have equal pay

• the right not to be unfairly dismissed

• the right to have an itemised pay statement

• the right to maternity/paternity benefits, shared parental or adoption benefits and parental leave

• time off for dependants

• to apply for flexible working

• to notice of termination of employment

• not to have unlawful deductions from pay

• to redundancy pay

• to a safe system of work

• Statutory sick pay

• the right to a reasonable amount of time off

• to be enrolled automatically into a 'qualifying' pension scheme, subject to eligibility criteria

• to apply for time to train

• to trade union membership

• the right to protection if a business transfer is covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)

• the right to a written reason for dismissal

• to a written statement of the mains terms of the contract....

• to minimum hourly rates

• to annual leave and working time limits

• to be accompanied at disciplinary and grievance hearings

• the right for part-timers to be treated no less favourably than comparable full-timers

• the right for employees on fixed term contracts to be treated no less favourably than comparable permanent employees

• to protection when making disclosures of wrongdoing (eg whistleblowing)

• the right to access their personal data held by their employer 
  

Under s.112 of the Local Government 1972 a council can set salaries at whatever reasonable level they see fit.  Councils should note that there is a national agreement based on the characteristics of a local council designed to assist them to evaluate the role.   Councils should also note that from April 2020 holiday pay for employees working irregular hours must be calculated using a 52 week reference period.

Under the Pension Act 2008, every employer in the UK must put certain staff into a workplace pension scheme and contribute towards it.  If you employ at least one person you are an employer and you have certain legal duties relation to pensions.

Further guidance can be found on the NALC Legal Topic Note 79 available from the link above.  We also recommend councils check the Pension Regulator website for further information.  Use this link to access.

As a corporate body the whole council makes decisions about recruitment and management of staff.  A single councillor has no statutory authority to make decisions.  

An effective way of managing this is for councils to set up a staffing/personnel committee to deal with employee related issues.  As with all committees (or sub-committees) the council should include any delegated authority in clear terms of reference.  Some councils also have a staffing sub-committee to deal with matters such as performance, discipline or grievances.  This is a very useful way of dealing with what will always be confidential matters as public notice is not a requirement for meetings of a sub-committee.

It should be noted that responsibility for decisions made by a committee remain with the council.  Often the clerk has line management responsibilities for any other employees of the council, many councils do select one member for day-to-day contact with the clerk for support.

Having appropriately trained employees ensures local councils are better equipped to deliver better outcomes and services to the community it serves.    There are a number of ways to identify training needs such as when a clerk/officer is recruited so that it forms part of the induction process and probationary period, or at annual appraisals.   Councils should also plan ahead because the needs of the community it serves will also be constantly changing.  This may lead to the council reviewing its goals and objectives and as part of this it should take into account its current workforce and consider ways to increase the skills and knowledge of its team.

Use this link to access a useful quick guide on how to train and develop staff.

Unfortunately from time to time there will be disagreements between the council and its officers.  It requires a great deal of skill and specialist knowledge to manage matters relating to grievance or disciplinary.  Therefore the council should ensure that any councillors involved must ensure they are competent but that they are adequately training and prepared.  Unfortunately failure to manage this risk may result in a claim against the council which might have both a financial and reputational impact.

Disciplinary matters are often as a result of concerns by an employer about misconduct or poor performance.  The Good Councillor Guide to Being a Good Employer has a helpful section that covers this including procedures, avenues for resolution and employee rights.

Grievance matters involve concerns or problems or complaints that employees have about their employer or their colleagues.  This can often lead to relationship problems and the breakdown of trust and respect.  This is why it is important that the council takes every possible step through good management practices and procedures to ensure that this situation does not happen.   

We also recommend that in addition to complying with the Code of Conduct, it is extremely important that members of your personnel/staffing committee fully understand the council's procedures in relation to these matters and if necessary attend training on disciplinary and grievance handling.

Legal topic note number 22 covers this topic well - use the link above.

Finally, mediation is an alternative route to resolve disputes if things go wrong.  SALC can signpost member councils to a local mediation service which might save both time and money.   It should be noted that the option of mediation must be agreed by both parties.

The Good Councillor Guide to Being a Good Employer has a useful section where the contractual relationship comes to an end including:

• an outline of what constitutes a fair dismissal procedure

• capability, conduct and redundancy can be fair reasons to dismiss and

• councils and employees must generally give notice to end employment in line with the contract

A copy of the guide is available using the link above.