Break down of relations with Clerk

Question

Recently most of the PC resigned feeling they did not have the support of the Community over some controversial plans. This left behind just enough Cllrs to be quorate. Since then three more new Cllrs have been co-opted, however it seems the Clerk is not supportive of the "new" PC and is being unco-operative re: Placing Agenda items, giving advice, and so forth.

The Cllrs want an informal meeting to try and sort things out BUT should this be unproductive......

Can they sack the Clerk and if so, how can they find a replacement?
What happens if there is NO replacement?

If the Council decides to cease as a PC, what happens ? Does it merge with a nearby Parish, does District take over? or what?

Ideally the hope is for an informal agreement for all to do better, and formal action is hoped to be avoided..... but there would always be a residue of bad feeling.

Ta

Answer 1

As you say, it will be best to seek agreement among the parties. Certainly, if the clerk refuses to carry out essential parts of the job and is preventing the council from operating normally, that would be grounds for dismissal. Although, as always with employment matters, the situation must be handled carefully with full documentation of every step. Given the very high potential cost of employment disputes, it may well be worth seeking professional advice from a lawyer specialising in employment matters.

A council cannot function with no proper officer at all. So it is essential for the council to appoint someone, even if they only carry out a minimum of duties. Usually a councillor takes on the role temporarily, but they cannot be paid. If the council wishes to appoint a new clerk, then the search for candidates can use any effective means, provided fair opportunities are offered to all prospective candidates.

If a council is unable to operate, then, as you say, the District Council has reserve powers to intervene.