Can a Parish clerk who resigned as a councillor to take up the clerks position be paid the salary in hindsight

Question

The post after the 12month non payment is the same now with a salary however under the Local Authority Act 1972 the position if taken up by an "ex councillor"  cannot be paid due to a conflict of interest for 12 months but surely after doing the job for 12 months there must be some re-numeration for the hours of work carried out to be paid retrospectively?

Answer 1

Sorry can’t help but that is a good question, but I have always read it that they cannot be paid, but it is 12 months from when they resign as a Councillor, not 12 months from the start of employment.

Answer 2

No, there is no recompense for the work carried out.  The legislation exists to prevent councillors in all tiers of council from establishing paid positions for themselves upon resignation.  The correct procedure is for the council to resolve to create a new position of unpaid clerk at the outset and to recruit to that post in the normal way.  At the end of the 12 months, the council should resolve to create a new position of paid clerk and recruit to that post in the normal way.  In both cases, the best candidate should be appointed to the role in accordance with equal opportunities legislation.