Can a Clerk assume their duties without a signed contract of employment?

Question

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

Many thanks.

Sam

Answer 1

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.

Comments

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.

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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.

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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.

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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.

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Thanks again Delboy'swife.