Section 13: Employment Procedure Rules

Recruitment and appointment of relatives of elected members or employees

Employees who are related to each other

Applicants seeking support for appointment

Appointment or dismissal of the Head of Paid Service

Appointment and dismissal of Chief Officers

Opportunity for members of the Cabinet to raise objections

Recruitment procedures

Appointment and dismissal of employees below the level of Chief Officer

Situations in which the statutory procedures do not apply

Disciplinary policy

Disciplinary procedures

Appendix A - Flowchart of the capability/disciplinary procedure.

Appendix B - Checklist for handling a disciplinary matter.

Appendix C - Guidance for taking notes during a disciplinary process.

Recruitment and Appointment of Relatives of Elected Members or Employees

A candidate for any appointment under the Council who knows that he/she is related to any Member or Employee of the Council shall disclose that relationship on the Application Form. The Chief Executive will consult with the relevant CLT member to ensure that the Council’s policy on Employees who are related to each other is followed. A candidate who fails to disclose such a relationship shall be disqualified for the appointment and if appointed shall be liable to disciplinary proceedings.

For the purpose of this Standing Order, persons shall be deemed to be related if they are husband and wife or if they, or their spouse, is the son/daughter, father/mother, grandson/granddaughter, grandfather/grandmother, brother/sister, nephew/niece or aunt/uncle of the other.

Employees Who are Related to Each Other

The Council recognises that difficult and awkward situations can arise when close relatives are employed by the Council, particularly where one has the responsibility of supervising the work of the other or where members of the same family work together.

It has been agreed therefore:

1. That as a general rule a relative should not supervise or audit the work of another, or be employed in the same office or section;
2. Those responsible for appointment should ensure that this situation does not arise either by appointment or promotion;
3. That where the position referred in (1) does arise, for instance on marriage, the CLT member concerned shall report the matter to the Chief Executive, who, in consultation with the employees concerned and CLT members in whose sections there is a suitable vacancy or where such a vacancy is likely to occur, will endeavour to find suitable alternative employment in the service of the Council for one of the related parties. It should be recognised that such alternative employment is to be without loss of pay. In case of difficulty in finding a suitable alternative placement within a reasonable time, the Chief Executive shall report the matter to the Corporate Leadership Team and seek their assistance.
   Note: In a ‘common law’ situation, the two individuals shall be deemed to be ‘close relatives’.
4. For the purpose of these provisions, persons shall be deemed to be related if they are husband and wife or if they or their spouse is the son/daughter, father/mother, grandson/granddaughter, grandfather/grandmother, brother/sister, nephew/niece or aunt/uncle of the other.

Applicants Seeking Support for Appointment

1. The Council will disqualify any applicant who directly or indirectly seeks the support of any Councillor for any appointment within the Council.
2. No Councillor will seek support for any person for any appointment with the Council.

Appointment or Dismissal of the Head of Paid Service

The authority must approve the appointment or dismissal of the Head of Paid Service. The full Council could carry out the appointment or dismissal or delegate the process to a Committee, Sub-Committee or Officer.

If the Council chooses to delegate the appointment or dismissal process to a Committee, Sub-Committee or Officer, the full Council must approve the appointment before an offer of appointment is made, or in the case of dismissal, before notice of dismissal is issued.

The requirement for the Council to 'approve' the appointment of the Head of Paid Service does not preclude the Appointments and Appeals Committee from interviewing candidates and making a recommendation on an appointment to the Council. However, the Appointments and Appeals Committee must include at least one member of the Cabinet.

There are further provisions which apply to the appointment or dismissal of the
Head of Paid Service which apply to all Chief Officers as set out below. Pending the amendment of the JNC chief officer dismissal terms and conditions, the dismissal procedure for Statutory Officers should be as set out in National Salary Framework and Conditions of Service Handbook agreed by the Joint Negotiating Committee (JNC ) for Local Authority Chief Executives (October 2016).

Full Council must approve the dismissal of Statutory Officers before notice of the dismissal is issued.

Appointment and Dismissal of Chief Officers

This function is the responsibility of the Council but can be delegated to a Committee, Sub-Committee or Officer e.g. the Appointments and Appeals Committee.

Opportunity for Members of the Cabinet to Raise Objections

In respect of a proposal for the appointment or dismissal of the Head of Paid Service, or a Chief Officer, the 'Proper Officer' must:

1. Notify every member of the Cabinet of the proposals.
2. Give them a specified period within which the elected leader may advise the Proper Officer of any objection on the part of the Cabinet to the proposed appointment or dismissal.

The offer of appointment (or notice of dismissal) can only be made if:

1. The Leader has informed the Proper Officer that neither he/she nor the Members of the Cabinet have any objection to the offer of appointment (or the issuing of notice of dismissal), or
2. If there has been an objection from the Leader or a Member of the Cabinet, when the appointer (or dismissor) is satisfied that the objection is not material or is not well-founded.
   The Cabinet’s right of objection is merely to make representations, and have these taken into account by the appointer (or dismissor). It is not a right of veto over a decision to appoint or dismiss.
3. In the case of the three Statutory Officers, if the decision relates to a dismissal, the notice of dismissal cannot be served until a report has been approved by Full Council.

Appointment and Dismissal of Employees below the Level of Chief Officer

Elected Member Involvement

Elected Members are not allowed to be involved in the appointment, discipline or dismissal of employees below the level of Chief Officer. This should be the responsibility of members of the corporate leadership team or by an Officer nominated by him/her. However, elected Members may be involved in the authority's appeals process and may be called as a witness or to give evidence if appropriate during an inquiry or investigation of misconduct.

1. Recruitment Procedures

1. When a vacancy arises, the Recruiting Manager should review the need to fill the post and establish whether it will be open for job share. If job share is not possible an exemption form must be completed detailing reasons.
2. Human Resources should confirm with the relevant manager that the Recruitment Policy will be followed and if necessary forward a copy.
3. The Recruiting Manager will determine the recruitment sources in consultation with Human Resources i.e. external and internal, or internal only in cases where promotion is likely.
4. The Recruiting Manager will draft an advertisement following the outline provided and forward it to Human Resources with any revisions to the Role Profile specifically detailing requirements in relation to Experience, Education, Special Qualifications and Training. Human Resources will check the details and arrange for internal and external circulation and placement in the relevant media.
5. All application forms should be returned to the Human Resources, where recruitment monitoring forms will be detached immediately upon receipt. For each position a summary of age/sex/race/disability of applicants will be made for the post.
6. Human Resources will copy applications and forward copies to the relevant Line Manager, who will draw up a shortlist and notify Human Resources. Human Resources will check through the applicants ensuring that everyone has been given fair consideration, highlighting any additions on the list or anyone who should not be included.
7. Interviews for positions at Band 8 and above should always be conducted with a representative of the Human Resources Team present, and procedure (3) below followed.
8. Interviews for positions up to Band 7 should be conducted by the Recruiting Manager and procedure (ii) below followed. Where Officers have not attended the Council’s Recruitment and Selection Training Course, or if the Recruiting Manager would prefer a representative from the Human Resources Team to be present, a request should be made to this effect.

2. Posts Band 8 and Above

1. Human Resources will contact the shortlisted candidates by telephone and letter according to timescale and request references. Human Resources will invite the candidate for interview and, send details of times to relevant managers and divisional receptions (as per current arrangements).
2. The Recruiting Manager will draw up an interview assessment form and will establish weightings, forwarding a copy to Human Resources prior the interview.
3. A Human Resources representative will attend the interview with at least one, but ideally two, managers from the relevant Service Area at least one of whom, but preferably both, should have attended the Council’s Recruitment and Selection Training Course.
4. Interview assessment forms will be completed and collated by Human Resources, who will retain them as a record for 6 months.
5. Human Resources will draw up the contract for the successful candidate and will send letters to and telephone unsuccessful candidates.

3. Interviews up to Band 3

1. The Recruiting Manager will call shortlisted candidates for interview by telephone and/or letter and the nominated Officer will approach referees. The Recruiting Manager will draw up an interview assessment form and establish weightings.
2. The Recruiting Manager will send a list of candidates to Human Resources for information purposes.
3. Human Resources will send details of Conditions of Service for the post.
4. At least two representatives of the Service Area, both of whom should have attended the Council’s Recruitment and Selection Course, should conduct the interview.
5. Completed interview assessment forms and a confirmation statement that procedure has been followed, should be returned to the Human Resources Team together with a completed New Starter Form.
6. Human Resources, in consultation with relevant the Recruiting Manager draws up a Contract of Employment.
7. The Recruiting Manager notifies unsuccessful candidates by telephone (if appropriate) and letter of the outcome.

4. Grievance Procedure Applicable to Employees

https://www.wyreforestdc.gov.uk/grievanceprocedure/

5. Disciplinary Policy

https://www.wyreforestdc.gov.uk/disciplinaryprocedure/