Follow Councillor Q&A on Twitter

Follow us on Twitter

0 votes
Can a Clerk, who is also the RFO, assume their duties without a signed contract of employment?

Many thanks.

Sam
by (4.1k points)

1 Answer

+2 votes
I would say no - as the council would be in breach of The Local Govt Act 1972 section 112 (2).  It says "(2) An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.".  Such reasonable terms and conditions and the salary must be defined in a contract of employment.
by (34.6k points)
Many thanks Graeme_r.

The matter surrounding the signing of the Clerk's contract was finally put on the agenda some 5 months after the PC resolved to employ them.
I'm not up to date with employment law and don't have the time to double check but presumably the clerk was offered the role in writing.  It is usual for there to be a letter of appointment which would set out the main terms which is then followed (within 8 weeks if memory serves me right) by the written contract.  As I've said before the ACAS website is very helpful with the basics of employment law.
Thank you Delboy'swife.

There was no offer in writing. The Clerk was recommended by the local association and the PC resolved to employ her.
so, no discussion about the role, terms and conditions of employment or pay for that matter then?  Some local associations include the paperwork as part of their (paid) recruitment service so maybe worth speaking directly to them.  They should, afterall, be advising your pc.
Thanks again Delboy'swife.

Welcome to Town & Parish Councillor Q&A, where you can ask questions and receive answers from other members of the community. All genuine questions and answers are welcome. Follow us on Twitter to see the latest questions as they are asked - click on the image button above or follow @TownCouncilQA. Posts from new members may be delayed as we are unfortunately obliged to check each one for spam. Spammers will be blacklisted.

You may find the following links useful:

We have a privacy policy and a cookie policy.

Clares Cushions logo Peacock cushion

Clare's Cushions creates beautiful hand made cushions and home accessories from gorgeous comtemporary fabrics. We have a fantastic selection of prints including Sophie Allport and Orla Kiely designs and most covers can be ordered either alone or with a cushion inner. Buying new cushions is an affordable and effective way to update your home interior, they're also a great gift idea. Visit our site now

Google Analytics Alternative