Agenda and minutes

An apology was received from Councillor Tony Owen

Councillor Bennett nominated and Councillor Wells seconded Councillor Russell Mellor as Chairman.  

Glen Kelly Nominated and Councillor Stephen Carr seconded Kathy Smith as Vice-chairman.

RESOLVED that Councillor Mellor is appointed as Chairman for 2010/11 and the Mrs Kathy Smith is appointed as Vice-chairman for 2010/11.

To record any declarations of interest from Members present.

There were no declarations of interest.

Staff side representatives questioned whether “matters Arising” was permissible within the bounds of the Constitution for the LJCC.  The Clerk would clarify this.

There were no matters arising.

The minutes of the meeting held on 10^th march were received.

RESOLVED that the minutes of the meeting held on 10^th March were agreed as a correct record.

The staff side is seeking clarification on the council policy on the contracting out of services and the future intentions. There are concerns that not only has past practice being changed but also legal requirements are being ignored in relation to Home Care, Extra Care housing and the Parks service.  

Staff side representatives reported that, in the past, Bromley appeared to have a clear policy when it came to services being sold off; a clear open tendering process, an in-house bid at the same time and undertaking TUPE.  This had always been the standard practice.

However, with homecare and extra care housing this process was not being followed. Denton and Cranbrook courts were not owned by Bromley but the Council provided the care.  Staff side’s opinion was that all the staff would move, the contract should be tendered and TUPE should apply.

In relation to Homecare the council currently provided 3000 hours in house service using 130 employees and agency staff.  The staff side understood that all 3000 hours would go across to private agencies but there would be no open tender or in-house bid and TUPE was not being applied. Under these circumstances the staff side advised members that in their view, and having taken legal advice, TUPE applied.  

In response the Assistant Chief Executive for Human Resources stated that the council does not have a policy for contracted out services and one way of dealing with these services is to out-source and in these cases TUPE does not apply. 

The staff side stated that if the Council did not offer TUPE then they could not offer the contractors legal indemnity.  In response it was told that legal advice would be sought.

The Staff Sides representatives then stated that if all the home carers were made redundant, under the TUPE regulations regarding consultation, the council would be in breach and he would then advise staff to sue.

The Assistant Chief Executive for Human Resources responded that the council would be seeking legal advice which would be passed to the Portfolio Holder for Adult and Community Services.

The council asks that the staff side and departmental representatives carry out its role in advising and representing staff in both individual and collective matters. On a few occasions there is a conflict as to the legal rights of staff or legal responsibility of the council, however the staff side has no access to independent legal advice. rather than aid a resolution it risks expensive legal action being initiated in the courts in order for points of law to be tested.  

Staff side explained that the council had set up the Departmental Representatives (Dep Reps) scheme so that employees, who were not part of a recognised trade union, would be represented. However it had become apparent that the Dep. Reps were often in a difficult position when requiring legal advice in order to help employees.  Both the council and the staff had access to legal advice but Dep. Reps did not.

The employers’ side did not feel it appropriate to provide legal advice when the matter was likely to be when staff was taking action against the council. The Assistant Chief Executive for HR added that it would not be possible to offer legal advice in the present economic climate.

The Chairman suggested that the Assistant Chief Executive may like to consider dealing with exceptional cases but with no unilateral undertaking.

The staff side would like to know what monies have been set aside for next years pay award for local authority workers, in light of the fact that no pay rise was paid last year and a below inflation rate was paid the year before. 

The staff side secretary enquired what funding the Council had set aside for the pay award 2011.

The Chairman explained that this could not be considered until the budgets were known after the 14^th February 2011.  However he added that it had been agreed by central Government that there would be a nil % pay rise.

The staff side would like to outline its opposition to management’s current proposals. 

Copies of the consultation are available from the Clerk.

As this issue would be considered at the next full council on Monday and over 2000 people had signed a petition against the home care proposals this item was noted for information.

RESOLVED that the proposal is noted.

The staff side would like to outline its opposition to management’s current proposals. 

Copies of the consultation are available from the Clerk.

The Staff side were concerned that there had insufficient consultation on the proposed cuts to the Youth Service. Officers explained that this was just a proposal at this stage and therefore consultation had not been undertaken. 

RESOLVED that the proposal is noted

The staff side would like to clarify the status of the management proposal sent out to parks staff regarding a "parks trust" and to outline its opposition to management’s current proposals.

Officers explained that they had a meeting with staff and that cuts to the parks services was one of a number of issues.  As it was only a proposal consultation had not yet taken place.

RESOLVED that the proposal is noted.

The Committee is requested to note that the next meeting will be held on 9^th December 2010.