Decision Maker: Chief Executive (s151 Officer)
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
In accordance with the Council's Scheme of
Officer Delegation, and following requests from the Leader and
Deputy Leader of the Council to commission consultancy services,
the Chief Executive decided to commission external legal and HR
advice (and support) to assist the Council to understand the
possible consequences of LGR on staff.
As a result of LGR the Council will be
abolished on 1 April 2023. It is expected that the vast majority of
staff will transfer to the new single-
tier authority in accordance with the Transfer of Undertakings
(Protection of Employment Regulations 2006 ('TUPE').
However, there are differences of opinion about
the impact of TUPE and the Local Government (Structural and
Boundary Changes) (Staffing) Regulations 2008 (the 'Staffing
Regulations') as they impact on certain staff.
There is also concern about staff retention. Some key staff had
already left the organization and had cited LGR uncertainties as a
driver.
Leading members of the Council were keen to obtain accurate and
independent legal and HR advice about the correct legal position
regarding LGR and the impacts on relevant Hambleton staff. This was
critical to ensure that the Council addressed these issues in a
proper and proportionate manner.
Those Members were also increasingly concerned about staff morale
and well-being and the impacts the current uncertainties might have
on the delivery of services, not least because of the loss of key
people and the concerns that other key staff will leave the
organization before vesting day. Members were also concerned about
ensuring the continued delivery of the Council's high quality
services and the impact that the loss of key staff could have on
this. Again, Leading Members had expressed a strong desire to
obtain independent advice on how it might address these
concerns.
It was recognized that it would be neither appropriate nor fair to
ask in-house legal and/or HR staff to advise the Council on these
issues,
that is in terms of the senior level of expertise that was
required, and the need to ensure full independence and impartiality
(of the advice and support).
Not to obtain the advice and support and/or to
provide the advice and support in-house. However, this would not
meet the express wishes of Leading Members, both in terms of the
need to secure experienced 'expert' advice on these matters and to
show clear independence and impartiality from affected
officers.
Declarations: None
Dispensations in respect of Executive Members: None
Contact: Justin Ives, Chief Executive Email: committeeservices@hambleton.gov.uk Email: justin.ives@hambleton.gov.uk.
Publication date: 21/06/2022
Date of decision: 20/06/2022
Accompanying Documents: