How can this be

Question

I have literally just got back from a meeting, I have been told there is only 1 contract of the clerk. It is only available to view at PC meetings it is not available anywhere else, apart from the clerks bag.
Why do we not have two copies, employer and employee?
The contract is totally editable as we have no master copy.

I cannot believe this is allowed

Answer 1

The Chairman (or Chair of an appropriate committee) should hold an employment file, as employer. Otherwise, when your Clerk takes you to a tribunal, you'll be unable to confirm the terms of employment.

Answer 2

I'm sorry but in today's world there's no such thing as only one copy of anything!  However, whether that or multiple copies of any contract are available or should be available to anyone else other than the employee and the staffing committee/chair, is another matter.

Answer 3

You ought really to be following the basic template NALC contract of employment (amended as appropriate) which should be posted online at the PC open source website and available for public examination during the inspection period.

There should be nothing 'confidential' or sensitive in a contract of employment and it is of direct public interest (and councillor responsibility) to be able to see and understand the overarching roles and responsibilities of your clerk.

Its a potential indicator of 'other issues' if you have a clerk refusing to be open about what they are contracted to do for the public.

Answer 4

The contract should not be editable because it should be physically signed and dated by both parties ie.  usually the chairman on behalf of the employer + the clerk.

Likewise, any amendments to the contract should be at least initialled (or even signed again) and dated by both parties.

I agree with others that each party should have a copy of the contract and that it should be freely available to any member of the council.  What is there to hide?