Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The subject of the decision:
This report sought authorisation to enter into a settlement agreement with such of the Hambleton Chief Officer Group that did not wish to transfer to North Yorkshire Council as part of the implementation of the transition to a Unitary Authority for the County of North Yorkshire and approval of the terms thereof.
Alternative options considered:
The alternative options considered were as set out in the report.
The reason for the decision:
Cabinet was satisfied that the proposed settlement and in particular the redundancy and termination payments complied with the powers of the Council under the Local Government (Early Termination of Employment) Discretionary Compensation (England and Wales) Regulations 2006 (Compensation Regulations), the Council’s own policies and procedures and represented a reasonable proportionate and necessary response to secure the objectives identified in the report.
That Cabinet approves and recommends that:-
(1) the Council enters into a Settlement Agreement with each Chief Officers who does not wish to TUPE transfer to the North Yorkshire Council on the proposed financial terms as set out in this report and further detailed in the Confidential Annex based on the grounds and circumstances described in this report in order to assure efficient delivery of Council functions to 31st March 2023 including support to transitional arrangements in creating North Yorkshire Council and to exercise its discretion as employer pursuant to the LGPS Discretions Policy to waive under Regulation 30 (8) of the Local Government Pension Regulations 2013 any reduction in pension which might arise on the basis of exceptional circumstance as described in the report;
(2) that Council delegates power to the Chief Executive in consultation with the Leader to approve any subsidiary matters necessary to finalise any Agreement provided such matters do not contravene any of the matters set out in this report;
(3) Council funds any payments under the Agreements in the current financial year from the balance of funds in the LGGR with a top up from the Council’s General Fund Reserve as detailed in this report.
Declarations of Interest
Councillor M G Taylor declared a personal interest as his wife is an employee of the authority.
Councillors G Dadd, C Dickinson, Mrs B S Fortune, B Griffiths (in attendance) and Councillors M G Taylor, S Watson, D A Webster and P R Wilkinson declared a personal interest as members of North Yorkshire County Council.
Wards Affected: All Wards;
Publication date: 23/11/2022
Date of decision: 22/11/2022
Decided at meeting: 22/11/2022 - Cabinet