Part 4 - Employment Rules
1. DEFINITIONS
In this Order the following words have the following meanings:
The 1989 Act | The Local Government and Housing Act 1989 |
The 2000 Act | The Local Government Act 2000 |
The Council | North East Derbyshire District Council |
Chief Finance Officer | The officer having responsibility for the purposes of section 151 of the Local Government Act 1972. |
Designated Independent Person | Such person as may be agreed between the Council and a Chief Officer against whom misconduct has been alleged which, in the opinion of the Council, requires investigation and in default of such agreement, may be appointed by the Secretary of State. |
Disciplinary Action | In relation to a member of staff of the Council, any action occasioned by alleged misconduct which, if proved, would according to the usual practice of the Council, be recorded on the member of staff’s personal file, and includes any proposal for dismissal of a member of staff for any reason other than redundancy, permanent ill health or infirmity of mind or body, but does not include failure to renew a contract of employment for a fixed term unless the Council has undertaken to renew such a contract. |
Employee | Person appointed to or holding a paid office of the authority or employed by the authority. |
Head of Council’s Paid Service | The officer designated under section 4(1) of the Local Government and Housing Act 1989. |
Monitoring Officer | The officer designated under section 5(1) of the Local Government and Housing Act 1989. |
Proper Officer | Section 151 Officer |
2. EMPLOYMENT AND DISMISSAL OF SENIOR OFFICERS
2.1 Subject to paragraphs 2.2, 2.3 and 2.4 the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the authority must be discharged, on behalf of the authority, by the Head of Paid Service or his nominees.
2.2 Paragraph 2.1 shall not apply to the appointment or dismissal of, or disciplinary action against employees within the description of paragraph 3 of Part II of Schedule 1 of the Local Authorities (Standing Orders) (England) Regulations 2001 (SI 3384 of 2001), which may be summarised as:
(a) Head of the Council’s Paid Service;(b) A statutory Chief Officer (at North East Derbyshire this means the Chief Financial Officer and the Monitoring Officer);(c) Senior Officers (at North East Derbyshire District Council, this means Chief Executive, Assistant Directors, Director of Corporate Resources, Director of Development, Director of Neighbourhoods and the Director of Health and Wellbeing)(d) Assistant Directors.
2.3 Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the appointment or dismissal of an officer designated as the Head of the authority’s Paid Service, the authority must approve that appointment before an offer of appointment is made to him or, as the case may be, must approve that dismissal before notice of dismissal is given.
2.4 Where a committee or a sub-committee of the authority is discharging, on behalf of the authority, the function of the appointment or dismissal of any officer referred to in paragraph 2.2 other than in relation to political assistants, at least one member of the Cabinet must be a member of that committee or sub-committee.
2.5 In paragraphs 2.6 and 2.7 “appointor” means, in relation to the appointment of a person as an officer of the Council, the Council or where a committee, sub-committee or officer is discharging the function of appointment on behalf of the Council, that committee, sub-committee or officer, as the case may be.
2.6 An offer of an appointment as an officer referred to in paragraph 2.2 other than in relation to political assistants, must not be made by the appointor until:
(a) The appointor has notified the proper officer of the name of the person to whom the appointor wishes to make the offer and any other particulars which the appointor considers are relevant to the appointment;(b) The proper officer has notified every member of the Cabinet of:
(i) the name of the person to whom the appointor wishes to make the offer;(ii) any other particulars relevant to the appointment which the appointor had notified to the proper officer; and the period within which any objection to the making of the offer is to be made by the Leader on behalf of the Cabinet to the proper officer; and(iii) the Leader has, within the period specified in the notice notified the appointor that neither s/he not any other member of the Cabinet has any objection to the making of the offer;(iv) the proper officer has notified the appointor that no objection was received by him/her within that period from the Leader; or(v) the appointor is satisfied that any objection received from the Leader within that period is not material or is not well-founded.
2.7 In paragraphs 2.8 and 2.9, “dismissor” means, in relation to the dismissal of an officer of the Council, the Council Meeting or, where a committee, sub-committee or another officer is discharging the function of dismissal on behalf of the Council Meeting, that committee, sub-committee or other officer, as the case may be.
2.8 Notice of the dismissal of an officer referred to in sub-paragraph 2.2 other than in relation to political assistants, must not be given by the dismissor until:
(a) the dismissor has notified the proper officer of the name of the person who the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal;
(b) the proper officer has notified every member of the Cabinet of:
(i) the name of the person who the dismissor wishes to dismiss;
(ii) any other particulars relevant to the dismissal which the dismissor has notified to the proper officer; and(iii) the period within which any objection to the dismissal is to be made by the Leader on behalf of the Cabinet to the proper officer; and
(c) either:
(i) the Leader has, within the period specified in the notice notified the dismissor that neither s/he nor any other member of the Cabinet has any objection to the dismissal;(ii) the proper officer has notified the dismissor that no objection was received by him/her within that period from the Leader; or(iii) the dismissor is satisfied that any objection received from the Leader within that period is not material or is not well-founded.
3. APPOINTMENT OF OFFICERS
All jobs will be open to competition and appointments will be made on merit except the following:
(a) An appointment may be limited to internal applicants only whose jobs are at risk because of ill-health (as confirmed by the Occupational Health Service), disability or they are at risk of redundancy or potential redundancy and are on the Redeployment Register.
(b) The appointment is for temporary added duties including, for example, a temporary secondment/development opportunity for up to a maximum period of two years.
(c) In other exceptional circumstances as identified by the Chief Executive in consultation with the Leader after seeking advice from the Human Resources Manager.
3.2 All applicants with a disability who meet the minimum requirements for a job vacancy will be interviewed subject to there being no “at risk” applicants.
3.3 Where the Council propose to appoint an officer to any post the Council will:
(a) draw up a statement specifying:
(i) the duties of the Officer concerned; and(ii) any qualifications or qualities to be sought in the person to be appointed;(iii) make arrangements for the post to be advertised in such a way that is likely to bring it to the attention of persons who are qualified to apply for it; and(iv) make arrangements for a copy of the statement mentioned in paragraph 3.3 (a) to be sent to any person on request.
Every appointment of a Senior Officer shall be made by the Appointments Committee, save that the appointment of a Head of Paid Service must be approved by Council Meeting.
4. DISCIPLINARY ACTION – HEAD OF PAID SERVICE, CHIEF FINANCE OFFICER AND MONITORING OFFICER
4.1 No disciplinary action in respect of the Head of the Council’s Paid Service, its Monitoring Officer, or its Chief Finance Officer, except action described in 4.2 below, may be taken by the Council or by any committee, sub-committee, or any other person acting on his behalf, other than in accordance with a recommendation in a report made by a designated independent person under the Local Authorities (Standing Orders) (England) Regulations 2001 (“the Standing Order Regulations”)
4.2 The action mentioned in the above 4.1 is suspension of the officer for the purpose of investigating the allegation occasioning the action; or otherwise as remitted by law and any such suspension shall be on full pay and terminate no later than the expiry of two months beginning on the day on which the suspension takes effect unless extended by any designated independent person appointed under the standing orders regulations.
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