What is the most number of councillors on a staffing committee

Question

We are a PC of eleven although not up to that number, is there a minimum and a maximum number of councillors allowed on a staffing committee, I think I’ve found the minimum but is there a maximum?

Answer 1

The minimum for a committee is 2 members, although most people think 2 is unsatisfactory, since it means that the chair can always decide the result of any vote. At least 3 is preferable.

There is no maximum, although an argument has been made that a committee cannot include all councillors, because it then becomes a meeting of the council.

Answer 2

On the advice of ACAS, the minimum must be three and the chairman must not be a member.

The reason behind this is that should there be a dispute, ACAS will not recognise a committee of less than three, nor will the tribunal service, they consider that the committee should have the same standing as a statutory committee.

As for not having the Chairman as part of the committee, ACAS stated that if a staff member is being disciplined, and they appeal the outcome, the Chairman of the PC will hear the appeal.  If the Chairman is part of the committee, even as in ex officio role, then there is no legal appeal route.  Should it then go to tribunal, the Service will penalise the PC for not having a correct Staffing Committee and Appeal process in place!

Says the person who watched a nearby PC get wolloped for nearly £20K for not having this all in place, of which £15K was for not having the correct committee structure and allowing the Chair to sit on the committee!

BTW can we have the old lay-out back, this one is awful!