Agenda and decisions

This is where Councillors who are attending as substitutes will say for whom they are attending.

Apologies for absence were noted on behalf of Councillors David Hall and Nigel Patrick.

Councillors Bill Armer and John Taylor substituted for them.

To approve the Minutes of the meeting of the Committee held on 25 January 2017.

The minutes of the Personnel Committee meeting held on 25 January 2017 were approved.

The Councillors will be asked to say if there are any items on the Agenda in which they have disclosable pecuniary interests, which would prevent them from participating in any discussion of the items or participating in any vote upon the items, or any other interests.

Cllr Terry Lyons submitted a declaration of interest form regarding an interest in a property.

However, the interest did not relate to any of the items that were being considered in today’s meeting.

The Governance Team will follow up on the recording of the interest.

Most debates take place in public. This only changes when there is a need to consider certain issues, for instance, commercially sensitive information or details concerning an individual. You will be told at this point whether there are any items on the Agenda which are to be discussed in private.

Members resolved to consider items 10 and 11 and in private session, as they contain exempt information. The details and reasons are set out at the start of each item. 

The Committee will hear any questions from the general public.

No questions were received.

To consider questions from Councillors.

No questions were received.

The Committee will receive any petitions and hear any deputations from members of the public.

A deputation is where up to five people can attend the meeting and make a presentation on some particular issue of concern. A member of the public can also hand in a petition at the meeting but that petition should relate to something on which the body has powers and responsibilities.

No deputations or petitions were received.

The Governing Bodies of Crow Lane Primary and Foundation Stage School and Paddock Junior, Infant and Nursery School are proposing to change the category of their schools from Community Schools to Foundation Schools and acquire a Foundation – “The Aspire Co-operative Learning Trust” on 24 April 2017.

Subject to a final decision on this proposal, the Council will cease to be the employer of staff at the school from the implementation date and staff will transfer to the employment of the schools’ Governing Bodies.  The designation of support staff is sought in order that they can continue in or join the Local Government Pension Scheme (LGPS).

Contact:  Martin Wilby 01484 221000

Members of the Personnel Committee approved the recommendations in this report, which are that:

(1)   Note the Governing Body proposals to change the category of Crow Lane Primary and Foundation Stage School and Paddock Junior Infant and Nursery Schools to a “Trust School? (a Foundation school with a charitable foundation) and the role of the Council when a school changes status from being a Community school to a Trust school.

(2)  Note that the Council will cease to be the employer of staff at the school from the implementation date of 24 April 2017 when the school will convert to Foundation status and the transfer of staff will occur under Education law and TUPE Regulations 2006. All staff will be covered by the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007. The Regulations provide all rights, powers, duties and liabilities to transfer from the Council to the Governing Body, which will continue to recognise the same Trade Unions. The staff will transfer to the new Trust school and be employed by the Governing Body (not “The Aspire Co-operative Learning Trust?). Terms and conditions of service will remain the same for both teaching and non-teaching staff.

(3)  Subject to final decisions by the Governing Bodies of Crow Lane Primary and Foundation Stage School and Paddock Junior Infant and Nursery School, approve that under Regulation 8 of the Local Government Pension (Administration) Regulations 2008, Kirklees Council with consent of the governing body of Crow Lane Primary and Foundation Stage School and Paddock Junior Infant and Nursery School, designates all current and future non-teaching employees of the school as being eligible for membership of the Local Government Pension Scheme, subject to the school Governing Body as employer entering into a legal agreement. This legal agreement will provide amongst other things:

1.            The school Governing Body as employer discretions must mirror those of the council and not be more generous regards ill health and/or early retirement provisions;

2.            Employee and employer contributions will be paid to West Yorkshire Pension Fund (WYPF) who monitor this happens;

3.            The school will be responsible for employer contributions set up by WYPF Actuary from time to time;

4.            The school will indemnify ( i.e. reimburse) the council any costs arising out of default by the school in paying to the council or WYPF sums payable (or payable by a different payroll provider ) on the schools behalf in respect of school support staff .

(4)  Note that an agreement is needed because although the council is deemed employer under Regulation 8 for pension purposes and therefore retains some residual risk, it is not the actual employer for other purposes. The agreement is intended to mitigate these risks so far as practicable.

RESOLVED –

That acting under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act, as specifically stated in the under mentioned minutes.

To receive an update on developments in the period since the Personnel Committee on 25 January 2017.

Contact: Rosemary Gibson 01484 221000

Members of the Personnel Committee agreed to:

(1)  Receive this progress report

(2)  Ask officers to progress the work with managers, staff and the trade unions to manage and record any “green time” and any other ad hoc and informal time off for other trade union duties in 2017/18

(3)  Provide members of the Committee with advice on what type of activities and what amounts of time are appropriate in terms of dealing with requests from trade union representatives for time off in 2017/18

(4)  Ask officers to review how time off for managers and staff to undertake any other official or voluntary duties and roles e.g. local magistrates, will also be managed and recorded in 2017/18.

(5)  Ask officers to inform all councillors, in advance, when plans are being made for the issue of any subsequent HR1 notices

(6)  Ask officers to provide a report for the next Personnel Committee in June 2017, on the HR implications associated with the changes, reviews and savings that are required from 2017/18 onwards.

(7)  Ask Jacqui Gedman and Cllr Graham Turner to follow up on the outcome of the private conversation between Eleanor Brazil and the trade unions, and to issue any follow up communications to councillors, managers and staff, as appropriate

To receive an update on developments in the period since the Personnel Committee on 25 January 2017.

Contact:  Jacqui Gedman 01484 221000

Members of the Personnel Committee agreed to:

(1)  Receive the progress report on the appointments to the roles of Strategic Directors and Service Directors to-date, plus plans to fill the Head of Service posts

(2)  Ask officers to provide a fuller report for the next Personnel Committee in June 2017

(3)  Ask officers to provide details in the next report on how the management structures in Kirklees compare in size to those of neighbouring or similar sized local authorities and what steps need to be taken to provide permanency to the current senior management team.