Lancashire County Council
Employment Committee
Monday, 30th March, 2015 at 2.00 pm in Cabinet Room 'C' - The Duke of
Lancaster Room, County Hall, Preston
Agenda
Part I (Open to Press and Public)
No.
Item
1.
Apologies
2.
Disclosure of Pecuniary and Non-Pecuniary
Interests
Members are asked to consider any Pecuniary and
Non-Pecuniary Interests they may have to disclose to
the meeting in relation to matters under consideration
on the Agenda.
3.
Minutes of the Meetings held on 16 and 23
February 2015
(Pages 1 - 8)
To be confirmed, and signed by the chair.
4.
Changes to Adoption and Parental Leave
Regulations
5.
Urgent Business
An item of urgent business may only be considered
under this heading where, by reason of special
circumstances to be recorded in the Minutes, the Chair
of the meeting is of the opinion that the item should be
considered at the meeting as a matter of urgency.
Wherever possible, the Chief Executive should be given
advance warning of any Member’s intention to raise a
matter under this heading.
6.
Date of Next Meeting
The next meeting of the Committee will be held on
Monday 11 May 2015 at 2.00 p.m. at County Hall,
Preston.
(Pages 9 - 12)
7.
Exclusion of Press and Public
The Committee is asked to consider whether, under
Section 100A(4) of the Local Government Act, 1972, it
considers that the public should be excluded from the
meeting during consideration of the following items of
business on the grounds that there would be a likely
disclosure of exempt information as defined in the
appropriate paragraph of Part 1 of Schedule 12A to the
Local Government Act, 1972, as indicated against the
heading to the item.
Part II (Not open to Press and Public)
8.
Payment of Relocation Allowance
(Not for Publication – Exempt information as defined in
Paragraphs 1, 2 and 3 of Part 1 of Schedule 12A to the
Local Government Act, 1972. It is considered that in all
the circumstances of the case the public interest in
maintaining the exemption outweighs the public
interests in disclosing the information).
(Pages 13 - 20)
The Committee at its meeting on 23 February 2015
considered a report in relation to a request for a
payment towards relocation costs incurred by a senior
officer. A copy of the report considered by the
Committee is attached at Annex 1.
The Committee resolved that the request for a payment
towards relocation costs, as set out in the report, be
deferred pending the presentation of a further report on
the issues raised at the meeting.
An oral report will be presented by the County
Secretary and Solicitor.
I Young
County Secretary and Solicitor
County Hall
Preston
Agenda Item 3
Lancashire County Council
Employment Committee
Minutes of the Meeting held on Monday, 16th February, 2015 at 10.30 am in
Cabinet Room 'C' - The Duke of Lancaster Room, County Hall, Preston
Present:
County Councillor Jennifer Mein (Chair)
County Councillors
A Atkinson
D Borrow
G Driver
J Hanson
D Howarth
D T Smith
County Councillor D Smith replaced County Councillor M Green at this meeting.
1.
Apologies
None.
2.
Disclosure of Pecuniary and Non-Pecuniary Interests
None.
3.
Minutes of the Meeting held on 15 December 2014
Resolved: That the Minutes of the meeting held on 15 December 2014 be
confirmed and signed by the Chair.
4.
Urgent Business
None.
5.
Date of Next Meeting
It was noted that the next meeting of the Committee would be held on Monday 23
February 2015 at 2.00 p.m. at County Hall, Preston.
6.
Exclusion of Press and Public
Resolved: That the press and members of the public be excluded from the
meeting during consideration of the following item of business on the grounds
that there would be a likely disclosure of exempt information as defined in the
appropriate paragraph Part 1 of Schedule 12A to the Local Government Act
1972. It was considered that in all the circumstances the public interest in
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maintaining the exemption outweighed the public interest in disclosing the
information.
7.
Engagement of an interim Director of Financial Resources
(Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A
to the Local Government Act, 1972. It was considered that in all the
circumstances of the case the public interest in maintaining the exemption
outweighed the public interest in disclosing the information)
In November 2014, the Employment Committee held interviews for the
appointment of the Director for Financial Resources. The Employment
Committee did not however make an appointment and the Chief Executive was
therefore tasked with reviewing options to fulfil the s151 responsibilities from the
1 April 2015 and have in place a solution to ensure the finance service was
improved and developed as part of the Council's transformation process.
The Committee was informed that the Chief Executive had determined it was
appropriate to engage an interim s.151 officer for a 12 month period, part of the
individual's brief being to provide development opportunities to the Finance
Heads of Service so that when the s.151 post was externally advertised they
would have the necessary skills and experience to apply for the post.
The Committee was further informed that following the appointment of an
external recruitment consultant the Chief Executive and two other members of
Management Team had interviewed a number of candidates and were
recommending that the Committee interview the preferred candidate to confirm
his suitability for appointment.
Members of the Committee expressed reservations about interviewing only one
candidate but it was proposed and seconded that the Committee accept the Chief
Executive's recommendation to appoint the proposed candidate as the Council's
Interim Director of Financial Resources and s.151 Officer on the basis set out in
the report.
The Conservative Group asked that its opposition to the proposed appointment
be recorded in the Minutes of the meeting on the basis that the Committee should
have conducted interviews of all candidates for the post.
Resolved:
That:
1.
subject to no objection being made to the Leader by any member of the
Cabinet, the engagement of the recommended candidate as the interim
Director of Financial Resources and s.151 officer with effect from 2 March
2015 be agreed, the assignment to continue for a period of 12 months (or
such longer period as the Chief Executive considers necessary) with the
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intention that the Director of Financial Services post will be recruited to on
a permanent basis from April 2016 following external advertisement.
2.
subject to 1 above being approved, the Full Council be recommended to
agree to the appointment of the recommended candidate as the Council's
s.151 officer.
I Young
County Secretary and Solicitor
County Hall
Preston
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Lancashire County Council
Employment Committee
Minutes of the Meeting held on Monday, 23rd February, 2015 at 2.00 pm in
Cabinet Room 'C' - The Duke of Lancaster Room, County Hall, Preston
Present:
County Councillor Jennifer Mein (Chair)
County Councillors
A Ali
D Borrow
G Driver
1.
J Hanson
D Howarth
D T Smith
Apologies
Apologies were received from County Councillor A Atkinson.
2.
Disclosure of Pecuniary and Non-Pecuniary Interests
None.
3.
Minutes of the Meeting held on 16 February 2015
It was reported that the Minutes of the meeting held on 16 February 2015 would
be presented for approval at the Committee meeting to be held on 30 March
2015.
4.
Changes to the Council's Grievance Procedure
The Committee considered a report on proposed changes to the Council's
Grievance Procedure.
It was noted that the Grievance Procedure had been reviewed to provide greater
clarity over the arrangements for dealing with grievances from ex-employees.
Indicative timescales for the scheduling of meetings and notifying employees of
the outcome following these had also be added to prevent grievances being
drawn out unnecessarily.
A copy of the proposed Grievance Procedure was presented at Appendix 'A'.
Resolved: That the revised Grievance Procedure, as set out at Appendix 'A',
be approved.
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5.
The Localism Act 2011 - Pay Policy Statement 2015/16
The Committee considered a report on the County Council's draft pay policy
statement for 2015/16.
It was noted that the Localism Act 2011 required local authorities to prepare a
pay policy statement each year. The statement must articulate the authority's
approach to a range of issues relating to the pay of its workforce, particularly its
chief officers and its lowest paid employees. The Full Council was required to
approve the statement prior to it coming into force.
A copy of the draft pay policy statement for 2015/16 was presented at Appendix
'A'. Details of the changes to the 2014/15 pay policy statement were presented.
The Committee was informed that the Chief Officers pay agreement from 1
January 2015 had been announced after the agenda for this meeting had been
published. The Committee was also informed that discussions were still ongoing
in relation to a national Chief Executive pay award under the JNC for Local
Authority Chief Executives. It was reported that whilst the effects of the Chief
Officers pay agreement did not feature in the draft pay policy statement now
presented, it had been possible to include the information in the report to be
considered by the Full Council on 26 February.
Resolved:
(i)
That the draft 2015/16 pay policy statement, as set out at Appendix 'A' and
the inclusion of the effects of the Chief Officers pay agreement in the report
to be considered by Full Council on 26 February 2015, be noted.
(ii)
That the Full Council be recommended to approve the 2015/16 pay policy
statement as set out in the report presented to it.
6.
Urgent Business
None.
7.
Date of Next Meeting
It was noted that the next meeting of the Committee would be held at 2.00 p.m.
on Monday 30 March 2015 at County Hall, Preston.
8.
Exclusion of Press and Public
Resolved: That the press and members of the public be excluded from the
meeting during consideration of the following item of business on the grounds
that there would be a likely disclosure of exempt information as defined in the
appropriate paragraph Part 1 of Schedule 12A to the Local Government Act
1972. It was considered that in all the circumstances the public interest in
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maintaining the exemption outweighed the public interest in disclosing the
information.
9.
Proposals in Relation to the NHS Pay Award for 2014/15 and 2015/16
(Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the
Local Government Act, 1972. It was considered that in all the circumstances of
the case the public interest in maintaining the exemption outweighed the public
interest in disclosing the information)
The Committee considered a report on proposals in relation to the NHS Pay
Award for 20141/15 and 2015/16.
Resolved: That no changes to the NHS pay conditions be applied to
employees on retained NHS terms and conditions for the financial years 2014/15
and 2015/16, for the reasons set out in the report.
10.
Tool Allowance for Former Craft Workers
(Exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the
Local Government Act, 1972. It was considered that in all the circumstances of
the case the public interest in maintaining the exemption outweighed the public
interest in disclosing the information)
The Committee considered a report in relation to the tool allowance for former
craft workers.
Resolved:
(i)
That the increase awarded by the National Agreement for Craft and
Associated Employers to the nationally agreed tool allowance rate in July
2013, but not implemented by the Council, be applied and backdated to 1
April 2013 as per the terms of the national agreement.
(ii)
That the payment of a tool allowance for former craft workers as a
Lancashire agreed term and condition of employment based on the current
National Agreement for Craft and Associated Employers agreed rate (£6.95
per week) be approved and that the payment be reviewed in line with
changes to the National Joint Council for Local Government Services pay
award going forwards.
11.
Payment of Relocation Allowance
(Exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule
12A to the Local Government Act, 1972. It was considered that in all the
circumstances of the case the public interest in maintaining the exemption
outweighed the public interest in disclosing the information)
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The Committee considered a report in relation to a request for a payment towards
relocation costs incurred by a senior officer.
Resolved: That the request for a payment towards relocation costs, as set out
in the report, be deferred pending the presentation of a further report on the
issues raised at the meeting.
I Young
County Secretary and Solicitor
County Hall
Preston
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Agenda Item 4
Employment Committee
Meeting to be held on 30 March 2015
Electoral Division affected:
None
Changes to Adoption and Parental Leave Regulations
Contact for further information:
Kelly Gilman, (01772) 535796, Office of the Chief Executive,
[email protected]
Executive Summary
A number of statutory changes relating to adoption and parental rights are
introduced with effect from 5 April 2015.
The Council's own HR policies in respect of adoption and parental leave, along with
references to these provisions in other related parental policies, need revising to
ensure compliance with the legislative changes.
Recommendation
The Committee is recommended to agree that the Council's policies in relation to
adoption and parental leave are amended on the basis set out in the report to reflect
changes in legislation.
Background and Advice
Alongside the introduction of the new shared parental leave rights, which came into
force on 1 December 2014 and apply to the parents of children born or placed for
adoption from 5 April 2015, the government is also making a number of changes to
rights in connection with adoption and 'ordinary' parental leave (that is the 18 weeks'
unpaid leave provision which is separate to and in addition to shared parental leave),
which are summarised below. These changes form part of the Paternity and
Adoption Leave (Amendment) Regulations 2014, Paternity and Adoption Leave
(Amendment) (No 2) Regulations 2014 and Children and Families Act 2014, and
apply from 5 April 2015:
Adoption
•
New rights for the primary adopter to take paid time off for up to five 'adoption
appointments' and for the secondary adopter to take unpaid time off for up to
two such appointments.
•
Adoption leave becomes a 'day one' right. Eligible employees will no longer
need 26 weeks' continuous employment to be eligible.
Page 9
•
Statutory Adoption Pay (SAP) will be brought into line with Statutory Maternity
Pay (SMP) and the first six weeks of SAP will be paid at 90% of the
employee's normal earnings rather than a flat rate.
•
Surrogate parents who meet the criteria to apply for a Parental Order in
respect of a child whose expected week of birth begins on or after 5 April
2015 will be eligible for adoption leave and pay in the same way as other
adoptive parents if the other criteria for adoption leave and pay is met.
•
Local authority parents who are prospective adopters will be eligible for
adoption leave if the other adoption qualifying criteria is met.
•
Adoptive parents who qualify for adoption leave and pay will be able to 'opt in'
to the new shared parental leave and pay system, which will make it easier for
both adoptive parents to take leave around the time of the child's placement
for adoption. Shared parental leave and pay will also be available for the
intended parents in a surrogacy arrangement provided they qualify for
adoption leave and pay.
Parental Leave
•
The existing provision of 18 weeks' unpaid leave to care for a child, that can
currently be taken up to the child's fifth birthday, five years after their
placement for adoption or up to the child's 18h birthday if the child is disabled,
will be extended to all children under the age of 18.
The Council's adoption and parental leave policies, along with references to
'ordinary' parental leave in the shared parental leave policy, will need updating to
take account of these legislative changes. Where the Council applies more
generous provisions, in respect of time off provisions for adoption appointments for
both adoptive parents and occupational adoption pay in line with national local
government terms and conditions, the statutory provisions will be applied as a
minimum to ensure compliance with the legislation.
Consultations
The adoption and parental leave changes were raised with the recognised trade
unions through the Joint Negotiating and Consultative Forum as part of the
consultations over the shared parental leave proposals in November 2014.
Implications:
This item has the following implications, as indicated:
Risk management
The Council is legally required to ensure that its parental HR policy provisions
comply with current employment legislation. The Council has no choice about
whether or not it chooses to act on these regulatory changes.
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Financial
The financial implications of these regulatory changes are not expected to be
material to the authority as a whole and will be managed within service budgets.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
Date
Contact/Directorate/Tel
N/A
Reason for inclusion in Part II, if appropriate
N/A
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Agenda Item 8
(NOT FOR PUBLICATION: By virtue of paragraph(s) 1, 2, 3 of Part 1 of Schedule 12A of the Local Government
Act 1972. It is considered that all the circumstances of the case the public interest in maintaining the
exemption outweighs the public interest in disclosing the information)
Document is Restricted
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(NOT FOR PUBLICATION: By virtue of paragraph(s) 1, 2, 3 of Part 1 of Schedule 12A of the Local Government
Act 1972. It is considered that all the circumstances of the case the public interest in maintaining the
exemption outweighs the public interest in disclosing the information)
Document is Restricted
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