Employment Committee

This section contains the following information about the Employment Committee:

Purpose

a) The Employment Committee deals with the appointment and dismissal of the Chief Executive and Executive Directors, the terms and conditions of employment across the authority, certain trade union issues and the draft annual Pay Policy Statement.

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Composition

a) The Committee shall comprise eight county councillors, chaired by the Leader and including an appropriate Cabinet Member or Lead Member depending upon the specific issue being dealt with.

b) The quorum of the Committee shall be three, including at least one Cabinet Member.

c) Meetings are open to the public but they may be excluded where information of an exempt or confidential nature is being discussed – see Access to Information Rules.

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Section A – Appointment and Dismissal of "Senior Officers" and Other Statutory Officers

a) Subject to paragraphs (e) and (f) below, the Committee shall be responsible for the appointment and dismissal (including dismissal by reason of redundancy) of the Chief Executive (Head of the Paid Service), Executive Directors, the Monitoring Officer and the Chief Finance Officer (Section 151 Officer), collectively referred to as “Senior Officers”.

b) The Committee shall also be responsible for the appointment of Directors who shall hold the following statutory responsibilities:

(i) Children's Services;

(ii) Adult Services; and

(iii) Public Health.

c) In the case of appointments, subject to paragraphs (e) and (f) below, the Committee may, where appropriate, agree to make a permanent appointment of an existing member of staff by way of redeployment or agree to a temporary appointment for a fixed term of not normally more than 12 months.

d) Where an appointment is not made in accordance with paragraph (c), the Committee shall:

(i) Draw up a job description and person specification;

(ii) Determine the arrangements for recruitment to the post including, where the Committee considers it appropriate, the appointment of recruitment consultants and advertising; and

(iii) Make arrangements to interview such applicants for the post as the Committee may determine.

e) Where the Committee is appointing or dismissing the Chief Executive, the Monitoring Officer or Chief Financial Officer, the Full Council must approve the appointment or dismissal before an offer of appointment is made or notice of dismissal is given, subject to paragraph (f) below.

f) In the case of paragraphs (a) and (b) above, no offer of appointment (including by way of an appointment pursuant to paragraph (c)) and, in the case of paragraph (a), no notice of dismissal shall be made until the proposed action (including the name and any other particulars the Committee considers relevant) has been notified to every Cabinet Member and that either:

(i) Within the period specified in the notification no objection has been made by the Leader on behalf of the Cabinet to the proposed action; or

(ii) The Committee making the decision is satisfied that any objection made is not material or is not well founded; or

(iii) The Leader has, within the period specified in the notification, notified the Committee that neither they nor any Cabinet Member has any objections.

Conditions of Service

g) The Committee shall exercise all necessary functions required by the JNC Conditions of Service including the exercise of any discretions or determining any issue in relation to those Conditions of Service.

h) The appraisal of Senior Officers and other statutory officers listed at paragraph (b) shall be carried out by the Chief Executive.
Disciplinary Action

i) The Committee may take any disciplinary action (including suspension) against the Chief Executive, the Monitoring Officer or Chief Finance Officer short of dismissal.

j) The Committee may approve the suspension of the Chief Executive, the Monitoring Officer and the Chief Financial Officer for an initial period of up to two months to enable an investigation to be undertaken to help determine what disciplinary action, if any, is appropriate. The Committee may extend the period of suspension if it considers that to be necessary. Any suspension of the Chief Executive, the Monitoring Officer and the Chief Financial Officer shall be on full pay.

k) If an exceptional situation arises whereby allegations of misconduct by the Chief Executive, the Monitoring Officer and the Chief Financial Officer are such that their remaining presence at work poses a serious risk to the health and safety of others or the resources, information or reputation of the Council, then the power to suspend may be exercised by the Chair of the Committee (subject to a decision to suspend being ratified by the Employment Committee within 7 days of the decision).

l) A proposal to dismiss the Chief Executive, the Monitoring Officer or the Chief Financial Officer must be taken by the Full Council having taken into account:

(i) Any views submitted under paragraph (f) above;

(ii) Any advice, views or recommendations of an Independent Panel appointed by the Council under section 102(4) of the Local Government Act 1972 for the purposes of advising the Council on matters relating to the dismissal of the named officers;

(iii) The conclusions of any investigation into the proposed dismissal; and

(iv) Any representations from the relevant officer.

m) A decision to suspend an Executive Director shall be taken by the Chief Executive.

n) Subject to paragraphs (i), (j) and (k), any disciplinary action in relation to a Senior Officer will be dealt with by the Committee in accordance with the appropriate

Council's Disciplinary Procedure.

o) Subject to paragraphs (i), (j) and (k), the Committee is authorised to take any disciplinary action in respect of a Senior Officer short of dismissal with no requirement to consult Cabinet Members in accordance with paragraph (f) above or to seek approval from the Full Council.

p) Any appeal against action short of dismissal will be considered by an Appeals Committee established by the Full Council comprising five members of the Council who have not had any prior involvement in the case including at least one Cabinet Member. The role of the Appeals Committee will be to review the case and the decision taken by the Employment Committee and either confirm the action taken or to award no sanction or a lesser sanction. The decision of the Appeals Committee will be final.

q) In the event that the Committee's decision is to propose to dismiss the Chief Executive, Monitoring Officer or Chief Financial Officer the appeal stage will be fulfilled by the Full Council when they consider that proposal in accordance with paragraph (e).

Capability and Dismissal Procedures

r) Any issue regarding the capability of a Senior Officer shall be dealt with by the Committee in accordance with the Council's Disciplinary and Capability Procedures.

s) Any issue which is not appropriately dealt with under the Disciplinary or Capability Procedures, but which may result in the dismissal of the Senior Officer, will be dealt with by the Committee.

Appointment, Dismissal and Disciplinary Action

t) Subject to paragraphs (a)-(s) above, the functions of appointment, dismissal, and taking disciplinary action against any other employee must be discharged by the Chief Executive or by an officer(s) of the Council nominated by them and in accordance with such procedures as may be determined by the Committee as referred to at paragraph (y) below.

u) Subject to paragraphs (a)-(s) above, the Chief Executive and other Senior Officers may appoint, dismiss (including dismissal by reason of redundancy) and discipline all Directors in accordance with the Council's procedures. Appointments and dismissals can only proceed after all Cabinet Members have been notified by Democratic Services of the proposed appointment or dismissal. Agreed corporate processes must be followed in respect of all redundancy payments.

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Section B – All Other Staff

Terms and Conditions of Employment

a) Determine the terms and conditions on which employees of the Council hold office including (but not limited to):

(i) The Council's pay and grading structure.

(ii) Any fees, allowances or payments made to employees, including any relating to termination of employment.

(iii) Any policies, procedures and practices relating to employment including recruitment and selection.*

(iv) Any collective agreements relating to the above.

(v) Policy in relation to the release of pension benefits (Local Government Pension Scheme and Teachers’ Pension Scheme) where employer discretion/consent is required.

* Any minor changes to these policies, procedures and practices to reflect legislative changes and improve working practices may be approved under the Scheme of Delegation to Officers.

b) Consider, at the request of a recognised trade union, any disagreement regarding the matters referred to at paragraph (a) above (excluding issues relating to individual employees). In referring any such matter, the trade union(s) concerned shall be entitled to make oral representations to the Committee to such extent as the Committee considers appropriate.

c) Determine the facilities to be provided to trade union representatives.

d) Recommend to Full Council for approval an Annual Pay Policy Statement as required by section 38 of the Localism Act 2011 for each financial year having regard to any guidance issued or approved by the Secretary of State.

e) Monitor the operation of the Statement of Ethical Standards for employees and the Register of Interests for employees.

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Section C – Lancashire Renewables Limited

Terms and Conditions of Employment

a) The Committee shall be responsible for determining the terms and conditions of service on which all employees of Lancashire Renewables Limited ("the Company") are engaged and approving the Company's proposals in respect of the same. This shall include, but not be limited to the following:

(i) Approving the Company's pay and grading structure.

(ii) Approving the payment of any bonuses and the performance objectives on which the payment of bonuses will be based.

(iii) Ensuring that all employees of the Company are paid a minimum of the living wage.

(iv) Approving the Company's employment policies, procedures and practices.

(v) Determining the Company's pension arrangements, including all matters concerning admission to the Local Government Pension Scheme.

b) In discharging its obligations, the Committee shall ensure that, so far as is possible, the principles of equality are maintained vis-à-vis the terms and conditions of employees of the Council in comparable positions.

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Section D – Lancashire Coroners

a) The Committee shall be responsible for determining the pay, and terms and conditions of employment of the Senior Coroners, Area Coroners and Assistant Coroners.

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Section E – Local Pensions Partnership Ltd (LPPL)

Remuneration Policy

a) To approve the Remuneration Policy of the LPPL directors and staff, other than for LPPL Non-Executive Directors.

Changes to Directors' Remuneration Policy

b) To approve the payment of any fees, remuneration or other sums to or in respect of the services of any director or vary any such fees or remuneration other than in accordance with an agreed remuneration policy approved by both the Council and the London Pension Fund Authority. For the avoidance of doubt this will not apply to the payment or reimbursement of reasonable expenses properly incurred by any statutory director in the course of carrying out their duties in relation to LPPL nor to any payment under any indemnity by LPPL to which the statutory director is entitled under the Articles or under any relevant law.

Proposed Redundancies of any Group Employees

c) To approve any proposed programme of redundancies within LPPL or rationalisation of a group of employees

Proposed Re-Location of any LPPL Employees

d) To approve any proposed programme of relocation of a group of employees outside Lancashire who were previously employees of the Council.

Chief Executive

e) To approve the appointment or removal of the Chief Executive of LPPL or any subsidiary company.

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