monday 13th heather abernethie - warminster...2013/05/13 · 1 7th may 2013 dear councillor,...

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7th May 2013

Dear Councillor,

COUNCIL SUMMONS

YOU ARE HEREBY SUMMONED to the ANNUAL MEETING ofWARMINSTER TOWN COUNCIL to be held on MONDAY 13TH MAY 2013 atthe CIVIC CENTRE, SAMBOURNE ROAD, WARMINSTER at 7.00 pm totransact the business set out below.

Yours sincerely,

HEATHER ABERNETHIETown Clerk

A G E N D A

1. TO ELECT A TOWN MAYOR FOR THE YEAR 2013/2014Members will put forward their proposals for the appointment of Mayor for theensuing municipal year.After formal election the retiring Mayor, Rob Fryer will make way for the newlyelected Mayor who will take up the Chairman’s seat.The newly elected Mayor will read out and sign the Declaration of Acceptanceof Office and deliver it to the Clerk.The new Mayor will be invested with the Chair of Office by the Clerk and willreturn thanks for his/her election.

2. ELECTION OF DEPUTY TOWN MAYOR FOR THE YEAR 2013/2014Members will put forward their proposals for the appointment Deputy Mayorfor the ensuing municipal year.The Clerk will present the Deputy Mayor’s badge to the newly appointedDeputy Mayor.

Town Clerk: Heather Abernethie

Tel: 01985 214847

Fax: 01985 214854

email: [email protected]

www.warminster.uk.com

Warminster Civic Centre

Sambourne Road

Warminster

Wiltshire

BA12 8LB

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3. IMMEDIATE PAST TOWN MAYOR - VOTE OF THANKSThe retiring Mayor, Rob Fryer to pass on his thanks for his year in office. ThePast Chairman’s decoration will be presented by the Mayor.

4. DECLARATIONS OF INTERESTTo receive Declarations of Interest

5. CHAIRMAN’S ANNOUNCEMENTSThe Chairman will give thanks for the outgoing elected members whocompleted a six year term of office.

6. MAYOR’S ENGAGEMENTS –The final engagements for the retiring Mayor, Rob Fryer are attached forNOTING.

7. PUBLIC PARTICIPATIONTo allow members of the public to address the Council. An allowance of threeminutes per person is available to give comments on any item listed on theagenda.

8. MINUTESTo approve as a correct record the minutes of the meeting held on the 18th

March 2013. Both copies of the minutes are attached.

9. PROCEEDINGS OF COMMITTEEMembers to propose adoption of minutes from meetings held in the previousadministration. Copies of all minutes requiring adoption are attached.

Planning Advisory Committee held on 8th April 201315th April 2013

Finance & Assets Committee held on 29th April 2013

HR held on 15th April 2013

Town Development held on 25th March 2013

10. COUNCIL MEETINGS 2013/2014The proposed list of Council Meetings is attached for members to considerand a decision is required to accept the dates as published. All meetings willbe held at the Warminster Civic Centre.

PARISH MEETING14th April 2014 – Monday 7pm – Note that this meeting is not a Councilmeeting but a meeting for the electorate.

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FULL COUNCIL – MONDAYS 7PM24 June 201315 July 2013 20 January 201416 September 2013 17 March 201418 November 2013 12 May 2014 Annual Meeting

FINANCE & ASSETS – MONDAYS 7PM1 July 2013 6 January 20142 September 2013 3 March 20144 November 2013 28 April 2014

PLANNING ADVISORY COMMITTEE – MONDAYS 7PM20 May 2013 11 November 201317 June 2013 9 December 2013

8 July 2013 13 January 201429 July 2013 3 February 201419 August 2013 24 February 2014

9 September 2013 10 March 201430 September 2013 7 April 201421 October 2013 19 May 2014

TOWN DEVELOPMENT – MONDAYS 7PM10 June 2013 27 January 2014

5 August 2013 24 March 20147 October 2013

25 November 2013

HR – MONDAYS 7PM22 July 2013 10 February 201428 October 2013 31 March 2014

These meetings are not open to the public

11. TERMS OF REFERENCE (ToR)The members to adopt the updated version of the ToR dated May 2013. Ahard copy of the ToR is included with this agenda pack for members.

12. COMMITTEES AND WORKING GROUPSA decision is required on the membership of the following committees andworking groups. The current Terms of Reference and Delegation of Powersto Committees are attached as detailed in agenda item 11. Members havenot had the opportunity to decide if a change to the structure of eachcommittee is required as this administration will now have 13 members andnot 12. There is no legal reason to have ex officio members on any committeenor is there a requirement to have a fixed number of members. Anyamendments to the structures can be recorded and the Terms of Referenceand Standing Orders changed as required.

FINANCE & ASSETSCurrent membership, Mayor and Deputy ex-officio plus 5 members

PLANNING ADVISORY COMMITTEECurrent membership, Mayor and Deputy ex-officio plus 5 members

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HR COMMITTEECurrent membership, Chair of Full Council, Finance and Assets, PAC, andTown Development plus Deputy Mayor

TOWN DEVELOPMENT COMMITTEECurrent membership, Mayor and Deputy ex-officio plus 5 members

WORKING GROUPS:These are the current and proposed working groups, Members to instructthe Clerk on what is to be set up, continued or amended.

BOREHAM NDO2 members required

ENTERPRISE WARMINSTER6 Members required plus the coordinator.

CCTV3 members requiredCCTV Supervisor and partnership representatives from Wiltshire Council,Local Police, Westbury Town Council, West Wilts Trading Estate, ArmedForces and Local Business.

WORLD WAR 1 COMMEMORATIONSTo be debated at agenda item 19

13. REPRESENTATIVES ON OTHER BODIES:A decision is required to appoint representatives of the Council on thefollowing bodies:

Body 2012/2013

Army Liaison Mayor and Deputy

Civic Trust x 1

Christmas Lights x 1

Relief in Need x 3 persons(Can be outside representatives)

Warminster Festival x 1

Athenaeum Trust x 2 Trustees

Warminster Flers Association x 1

West Wilts Elblag Association Mayor

Westbury CCTV Committee CCTV Supervisor + 1 member

Warminster Area Board x 1

Warminster Area Board CATg

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Neighbourhood Tasking Group

Peter Gough Achievement Award

Warminster Carnival Committee

Warm Park Comm. (Lakeside)

Tynings Allotments Assoc

WALC executive Committee

Trans Wilts Partnership

Fairtrade President

Young Persons Group (CAYPIG)

Warminster & Villages Development Trust

Warminster & Villages Community Partnership

14. TIME CAPSULE – to NOTE that a time capsule was buried atSambourne School to be recovered in the year 2085.

15. APPOINTMENT OF INTERNAL & EXTERNAL AUDITORSThe Members to confirm that the Internal Auditor Stuart Pollard of AuditingSolutions, Clackerbrook Farm, 46 The Common, Bromham, ChippenhamWilts, will continue to carry out the Council’s internal audits and that GrantThornton UK LLP, Hartwell House, 55-61 Victoria Street, Bristol BS1 6FT hasbeen appointed as the External Auditor .

16. ANNUAL RISK ASSESSMENTS & SUMMARY FOR 2012/2013Attached are the risk assessments that have been carried out for all theCouncil’s operations in the last 12 months. The Members to adopt.

17. STANDING ORDERSThe members to adopt the latest Standing Orders and Financial Regulationsdated May 2013. The amendments include the changes to the Code ofConduct brought in last year. All members should make themselves familiarwith the content of the orders. A hard copy of the Orders is included with thisagenda pack for members.

18. GENERAL POWER OF COMPETENCERenewal of the General Power of Competence is required at a “relevant”meeting of Full Council. A “relevant” annual meeting is the annual meeting ofthe Council after the ordinary election that normally takes place every fouryears.

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The original resolution was passed on the 19th November 2012 Minutenumber 273. Local Councils in England were given a “General Power ofCompetence” (GPC) in the localism Act 2011, sections 1-8. Council’s nolonger need to ask whether they have a specific power to act and thislegislation gives eligible councils “the power to do anything that individualsgenerally may do” as long as they don’t break the law. Eligibility for a councilis that:

Two-thirds of the total number of Councillors must be elected not co-opted.

The Clerk must have the recognised sector-specific qualifications.Warminster town Council is eligible, and it is proposed that Warminster TownCouncil renews its adoption and use GPC for the ensuing four year term ofoffice. This confirmation does not have to take place every year.For decision.

19. WORLD WAR 1 COMMEMORATIONSPlease see that attached Report for Decision (18). Members to agree to setup a working group to invite interested bodies, individuals and groups to setout plans and ideas for the town’s commemorations of World War 1 between2014-2018

20. POLICY STATEMENTSThe HR committee recently adopted the updated Staff Handbook whichcontained policy statements which also stand alone as part of the Council’soperations. The following documents are attached and are to be adopted bymembers.

Car Usage Policy and inspection of documents Dignity at Work/Bullying and Harassment Policy Grievance Procedure Health and Safety Policy IT Policy Lone Working Policy and Procedures Sickness Policy Whistleblowing Code of Practice Organisational Change and Redundancy Policy

21. BANKING MANDATEMembers to confirm continuance of the current arrangements with HSBC withnew mandates to be signed where required. All Councillors will sign theMandate to ensure that it conforms to normal practice. All payments willcontinue to be signed and authorised by any two members.

22. COMMUNICATIONSThe members to instruct the Clerk for any items which required a pressrelease.

It is hoped that you will stay for refreshments which will beserved after the meeting.Minutes from this meeting will be available to all members of the public either fromOur web site www.warminster.uk.com or by contacting us at Warminster CivicCentre.

Mayor’s EngagementsCouncillor Rob Fryer from 19th March – 13th May 2013

Tuesday 19th March – SW Wilts Conservative Assoc Women’sOrganisation

Wednesday 20th March – West Wiltshire/Elblag AGM

Thursday 21st March – Meet the Lions

Tuesday 26th March – Meeting for Flers

Saturday 6th April – Wilton Mayoral Ball

Friday 12th April – Warminster Christian Aid Sponsored cycle rideStop at Moreton’s Café to greet Bishop’s ofRamsbury and Swindon

Saturday 13th April - Amesbury Town Council Civic Service.

Sunday 14th April – Civic Service

Friday 26th April – Monday 29th April – Trip to Flers with WarminsterFlers Twinning Association

SIGNED ………………………….DATE…………

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MINUTES of the EXTRAORDINARY MEETING of

WARMINSTER TOWN COUNCIL

held on Monday 18th March 2013 at 6.45pm

The Mayor, Councillor Rob Fryer in the Chair

Present: Councillors P Batchelor, K Fryer, R Fryer, K Humphries, G Jolley,A Nicklin and P Ridout.

417. Apologies – Councillors V Burden (Hols) and A Field (Hols)

418. Public Participation – None

419. Declarations of Interest - None

420. Freedom of Entry to the Town of Warminster- 3rd Battalion The YorkshireRegiment (Duke of Wellingtons)

Following the changes to the regiments title Members will need to update theirdecision made on the 17th September 2012. The wording for the Freedom Scroll willnow read:

The Mayor, Councillors and the townspeople of Warminster agree that, due to theoutstanding achievements and distinguished service of 3rd Battalion, The YorkshireRegiment (Duke of Wellington’s), and being desirous of recognising, confirming andperpetuating the ties of close and friendly association which exist between the Townof Warminster and 3rd Battalion, The Yorkshire Regiment (Duke of Wellington’s), theFreedom of Entry into the Town of Warminster be granted to 3rd Battalion, TheYorkshire Regiment (Duke of Wellington’s) to continue when it becomes the 1st

Battalion, The Yorkshire Regiment, thereby conferring on all ceremonial occasionsthe right, privilege, honour and distinction to march through the streets of the townwith colours flying, bayonets fixed and bands playing.Councillor Pip Ridout proposed the amended wording, Seconded Councillor Nicklin.Voting unanimous in favour.

Meeting closed 6.50pm

SIGNED ………………………….DATE…………

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MINUTES of the MEETING of


held on MONDAY 18th March 2013 at 7.00pm

The Mayor, Councillor Rob Fryer in the Chair

Present: Councillors P Batchelor, A Davis, S Fraser, K Fryer, R Fryer, KHumphries, G Jolley, C March, A Nicklin and P Ridout

421. Apologies – Councillors V Burden (holiday), A Field (holiday)

422. Minutes The minutes of the Full Council meeting held on Monday 21st

January 2013 were approved as a true record and signed by the Mayor.

423. Mayor’s Announcements – None

424. Questions – None

425. Mayor’s Engagements - Noted

426. Public Participation - None

427. Acceptance of Petitions and Deputations – None

428. Declarations of Interest and Dispensations Agreed - None

429. Proceedings of CommitteesThe Chairmen of the following committees proposed adoption of the minutespreviously circulated.

Finance & Assets held on 4th March 2013

Planning Advisory Committee held on 4th February 201325th February 201311th March 2013(to be circulated)

Town Development held on 28th January 2013

HR held on 11th February 2013

The minutes were adopted.

SIGNED ………………………….DATE…………

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430. Reports from Unitary Members which are Relevant to thisCommitteeCouncillor Humphries advised that today (18/3/13) is the first day fornominations for the forthcoming elections on 2nd May 2013 and tomorrow(19/3/13) is the last day of the Cabinet cycle until the next council isappointed. Councillor Humphries advised that he would be presenting his endof term portfolio. The Town Clerk requested that a copy of the report be sentto the office for circulation to the Members.

431. Police ReportInspector Lindsey advised that the number of crimes for this report weresimilar to those reported at the last meeting.Between March 2011 and February 2012 there were 34 reported domesticburglaries, 95 non-domestic burglaries, ie sheds and farm buildings, 212criminal damage and arson. In the same period March 2012 to February 2013there were 33 reported domestic burglaries, 99 non domestic and 213 criminaldamage reports. The worrying news continues to be the increasing reports ofviolence. There are now 84 more reports compared to this time last yearwhich has risen from 161 in 2011-2012 to 245 in 2012 – 2013. Theseviolence reports continue to reflect a predominance of private space reports,including domestic arguments (where positive reporting is encouraged) Thereis no one factor although there is a lot of work being done towards bringingthese figures down and in relation to Devizes and Marlborough, which aretowns similar in size to Warminster, we are in a much better position. Thesecrimes of violence are often drink related and recently the police worked withthe drug dog, local publicans and the pub door staff and executed a number ofwarrants.

Inspector Lindsey went on to advise the Members that she would be movingon after being in Warminster for the last 2 years, she was disappointed andsad to be leaving Warminster as she had enjoyed her stay here and thankedthe Members for working closely with the police.

The Mayor thanked Inspector Lindsey for her report.

Councillor Nicklin proposed grateful thanks to be recorded to InspectorLindsey for coming to meetings and presenting her reports and also thankedher for her support over the last two years. Seconded Councillor Jolley,Voting Unanimous in Favour.

432. Centenary of the First World WarThe Members were advised Wiltshire has invited all Parish Councils to anopen meeting on Thursday 21st March to discuss and develop ideas withorganizations to find out what is going on and what the council may like toconsider for the commemoration of the Centenary of the First World War. TheMembers discussed the idea of presenting a tableau in the town park and/orthe Civic Centre and perhaps the schools could be involved. The Memberswere in agreement that it was not a celebration of the start of the War but acommemoration of the whole 4 year period. Councillor March advised that hewould be at a Royal British Legion Meeting on the 19th March and would ask ifthey had any ideas for commemorating the Centenary and would advise theClerk of these. Councillor Davis suggested maybe starting with a list ofnames from the War Memorial and Copheap Memorial to see if there is any

SIGNED ………………………….DATE…………

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link to families still in the town.Councillor Davis proposed that the Members support the Clerk to go to themeeting at Devizes and take ideas from Warminster and bring these to thenext Full Council meeting. Seconded Councillor Humphries, Votingunanimous in favour.

433. West Warminster Urban ExtensionThe Members have been asked to make decisions relating to the followingrequests put forward by developers G L Hearn Ltd:

Warminster Town Plan Working Group acts as a focus group andexpanded to include representatives of identified local interestgroups/bodies. Monthly meetings to be held at the Civic Centre.

Host two public consultation events, at the Civic Centre, that are opento the wider community

Regular updates provided by the consultants are uploaded toWarminster Town Council’s website with a caveat that the informationprovided is independent from Council normal business

Councillor Batchelor said that his concern over the whole concept of the TownCouncil leading the consultation worried him, if the Town Council website wasused to upload information from the developers it could be perceived that theTown Council have made a decision in favour of the development. He felt itwould be a better solution if there was a link on the website to the developer’swebsite where the uploaded information would be found. Councillor Nicklinadvised that he was chair of the Town Plan Working Group and wasconcerned that the developers were not satisfied that the Town Plan WorkingGroup had sufficient representation and wondered what groups thedevelopers felt needed to be included to expand the group and how theywould attract others to join. Councillor Nicklin informed the Members thatTown Plan Working Group had a 99% attendance rate at their monthlymeetings and that it was the intent of the group that the Town Plan is adoptedonce the Core Strategy has gone through the process. Councillors Ridoutand Fraser were in agreement with Councillor Nicklin that the plans have to fitin with the Core Strategy and that it was the duty of the developers as theapplicants to carry out the consultations but that the developers were verywelcome to hire the Civic Centre as a venue but not for the Town Council tohost the event or to get involved until the detailed plans are on the tableavailable for discussion.Councillor Nicklin proposed the Clerk write back to the developers advisingthis Council feels its position is not one of partnering a developer and wish toremain independent. Seconded Councillor Fraser, Voting in Favour 9,Abstentions 1, Against Nil. Proposal carried.

434. CommunicationsThe members requested a Press Release relating to Item 13, WestWarminster Urban Extension and the requests received from the developers.It is hoped it will explain that they would like to see the right process being putforward to the community.

Meeting closed 7.40pm

Signed……………………………………………………Date……………………………..1

Minutes of the Planning Advisory Committee

Warminster Town Council

held on Monday 8th April 2013 at 7.00pm

Councillor S Fraser in the Chair

Membership: Batchelor, Burden, Field, Fraser, R Fryer, Jolley, March.

Present: Councillors Burden, Fraser, K Fryer, R Fryer and March

A minute’s silence was held in respect of Baroness Thatcher who had died thatafternoon.

451. Apologies and substitutions Councillors Batchelor (work), Field (work, subCllr K Fryer) and Jolley (personal).

452. Minutes – The minutes of the meeting held on 11th March 2013 were approvedas a true record and signed by the chairman.

453. Chairman’s Announcements – None.

454. Public ParticipationCarl Fullaway, 57 Damask Way speaking on application 13/00404/FUL said thatsince the plans went on the website as submitted on his and his wife’s behalf, andhis neighbours received notification on Maundy Thursday, they had had discussionwith the neighbours and wished to amend the plans for the two-storey sideextension, which also appears on the drawings to be too close to the boundary. Herequested that the committee not waste time discussing the plans for the sideextension at the moment as these will be revised. However, he asked whether thecommittee may still be able to give consideration and comment to the garageconversion and front infill which are correct.

Sandra Crook, 12 Gypsy Lane speaking on application 13/00338/FUL said that shehad read the report in the Warminster Journal about the extension to the Lidl storewhich had mentioned the installation of ‘small plant’. She was concerned that thismay cause night-time noise which could disturb the residents of Homeminster Courtdirectly opposite the extension. A change in noise levels could be a significantdisturbance for the elderly residents, which included her mother.

Bob and Jan Maddocks, 59 Damask Way speaking on application 13/00404/FULsaid that they had no objection to the garage conversion but had concerns over theshape and size of the two-storey extension which they would not detail since theplans were to be revised.

455. Petitions and Deputations – None.

456. Declarations of Interest and Dispensation Agreed – None.

Signed……………………………………………………Date……………………………..2

457. Reports from Unitary Authority Members relevant to this committee –None.The Members agreed that application 13/00338/FUL be brought forward.

458. Planning Applications

13/00338/FUL Single storey ancillary extension to West elevation;recladding of existing gable, soffits and fascias to matchproposed extension, Lidl Store, Station Road, Warminster

Councillor March proposed acceptance of the plans with the comment that thepotential noise problem be investigated by Wiltshire Council, seconded K Fryer,voting unanimous In Favour.

13/00330/FUL Erection of two storey extension at rear, 14 Hillwood Lane,Warminster

Councillor March said that the plot was adequate and was not overlooking anyoneso proposed acceptance of the plans, seconded Councillor R Fryer, votingunanimous In Favour.

13/00199/WCM Installation of tertiary sand filter and associated kiosk, landat Battlesbury Road, Warminster

Councillor March proposed acceptance of the plans, seconded Councillor Fraser,voting unanimous In Favour.

13/00357/FUL Detached dwelling, Land rear of 73 Victoria Road,Warminster

Councillor March proposed acceptance of the plans, seconded Councillor K Fryer,voting unanimous In Favour.

13/00501/TCA Fell Ash Tree, Land rear of 17 George Street Place,Warminster BA12 8SD

NOTED.

13/00460/TPO Crown lift Sycamore Tree (T1) to 16ft, crown thin by 15%and crown reduce overhanging branches up to 1m andcrown clean. 19 Haygrove Close, Warminster BA12 8SL

NOTED.

13/00404/FUL Two storey side extension, conversion of garage todomestic room. 57 Damask Way, WarminsterBA12 9PP

The Members noted that they could not comment on the garage conversion alone;they could only comment on the whole plans that were before them. In view of thefact that the extension plans were to be revised, they would not comment until thenew plans were received.

459. Communications – None.

Meeting closed at 7.20pm

Signed……………………………………………………Date……………………………..1

Minutes of the Planning Advisory Committee



Councillor C March in the Chair

Membership: Batchelor, Burden, Field, Fraser, R Fryer, Jolley, March.

Present: Councillors Batchelor, Burden, R Fryer, Jolley, Nicklin and March

463. Apologies and substitutions Councillors Field (work, sub Cllr A Nicklin) andFraser (holiday).

464. Minutes – The minutes of the meeting held on 8th April 2013 were approved asa true record and signed by the chairman.

465 Chairman’s Announcements – None.

466. Public ParticipationMr John Hornby, 17 Imber Court, WarminsterAdvised the Members that the application was familiar to them as per the minutesfrom a previous meeting which were attached to the agenda. Mr Hornby advisedthat he had been in contact with Wiltshire Council Planning Department and hadbeen informed the reason why the previous plan had been rejected was that theapplicant had not provided sufficient evidence for the loss of economic floor spaceand it had not been investigated as to whether there were protected species in thebuildings. The applicant had addressed the issues put forward by Wiltshire Planningby justifying the loss of the economic space and the building was clear of protectedspecies. Mr Hornby hoped that the Members would give approval to the applicationas the residents of Imber Court were anxious to get the extra parking spaces bothfor themselves, visitors and care workers.

467. Petitions and Deputations – None.

468. Declarations of Interest and Dispensation Agreed – Councillor Batcheloradvised that his business premises are on the same street as one of theapplications.

469. Reports from Unitary Authority Members relevant to this committee –None.

Signed……………………………………………………Date……………………………..2

470. Planning Applications

13/00442/FUL Demolition of storage building and provision of 5 parkingspaces for residents of Imber Court, Rear of 36 GeorgeStreet, Warminster

Councillor Jolley advised that he had visited the premises and supported theapplication but advised that one bay should be kept available for medical needs.Councillor Jolley proposed acceptance of the application, Seconded CouncillorBurden, Voting unanimous in Favour.

13/00326/FUL Erection of a multi use games area on open ground/existingplay area, Playground Goodwin Close, Warminster.

The Members were in agreement that this was an excellent idea, well planned andwould be well used.Councillor Burden proposed acceptance of the application, Seconded CouncillorJolley, Voting unanimous in Favour.

13/00480/LBC and 13/00479/FUL Proposed single storey rear side extension,construction of a beer garden, internal alteration andrefurbishment, The Bath Arms, Market Place, Warminster.

The Members unanimously expressed their concerns relating to the application andthe proposal of an area on the pavement in the front of the building where tables andchairs would be set out. This would restrict the highway for pedestrian use whichwould set a precedent for other public houses on the High Street. They were alsoconcerned as although some of the coffee shops have a table or two outside forsmokers they are used during the day only. The application has shown a beergarden at the back of the premises providing 28 covers which they felt would besufficient and therefore seating at the front of the building is not necessary. TheMembers very much want to see the applicant using the building but do not wish tosee tables and chairs on the pavement in front of the building.Councillor Jolley proposed acceptance of the plan with outside seating at therear of the building but do not accept pavement seating to the front of thebuilding. Seconded Councillor Nicklin, Voting unanimous in Favour.

471. Communications – None.


Signed……………………………………………………Date……………………………..1

Minutes of the Finance and Assets Committee



Councillor Pip Ridout in the Chair

Membership: Councillors Batchelor, Burden, K Fryer, R Fryer, Humphries,Nicklin and Ridout.

Present: Councillors Batchelor, Fraser, K Fryer, Nicklin and Ridout

472. Apologies and Substitutions – Councillors R Fryer (Flers trip) andHumphries (sub Councillor Fraser).

473. MinutesThe minutes of the Finance and Assets meeting held on 4th March 2013 wereapproved and signed by the Chairman.

474. Chairman’s Announcements – None

475. Declarations of Interest and Dispensations Agreed - None

476. Petitions and Deputations – None

477. Public Participation – None

478. Reports from Unitary Authority Members which are relevant to thiscommittee - None

479. Financial Informationa) Councillor Nicklin proposed acceptance of the payments made in Februaryand March 2013, Seconded Councillor K Fryer, voting unanimous in Favour.

b) Councillor Nicklin proposed acceptance of the accounts to 31st March2013, Seconded Councillor Ridout, voting unanimous in Favour.

480. Enterprise Warminster (EW)(a) The minutes of the EW meetings held on Tuesday 5th March 2013 and

Thursday 11th April 2013 were unanimously adopted.

(b) The Members thought that having an event in the Town Park for familiesand younger members of the public was a really good idea and it can onlyencourage people to stay in town. Councillor Ridout proposed to accept theagreed budget of £3000 for EW Project No. 6 “Inspire” to come from the EWbudget, Seconded Councillor Fryer, voting unanimous in Favour.

Signed……………………………………………………Date……………………………..2

(c) Councillor Nicklin proposed acceptance of the updated WarminsterParking Partnership Agreement, Seconded Councillor Fryer, votingunanimous in Favour.

(d) The Members had some debate as to whether a second Tourism Groupwould be required as there is already one operating within Warminster andVillages Community Partnership. It was clarified that this would be acompletely separate committee under the umbrella of Enterprise Warminster.The group would specifically put together a detailed action plan as outlined inthe suggestions put forward from Hidden Britain. Councillor K Fryer proposedacceptance of a Tourism Group being established within EnterpriseWarminster and the development of a Tourism Plan. Seconded CouncillorBatchelor, voting unanimous in Favour.

481. Internal Audit Report 2012-2013 (Interim Update)Councillor Ridout proposed to accept the updated Interim Report for 2012-2013. The Council’s accounts underwent a complete coding review during thefinancial year and some budget lines have or appear to have been exceeded.The closedown of the accounts took place on the 17th April and completedfigures will be available in May/June. A full report on budget lines exceededwill be provided but overall the Council’s budget has under spent. All actionsrecommended from the audit have been carried out, Councillor FraserSeconded, voting unanimous in Favour.

482. CCTV New InstallationThe CCTV equipment refurbishment has now reached completion. All newCameras have been installed along with new screens and software tointegrate with the existing computer equipment. The program has beenmanaged without loss of recording and monitoring throughout Warminster,Westbury and Westbury trading estate. Westbury Town Council has twocameras outstanding one of which requires planning permission and this isbeing sought. Warminster CCTV is supporting Westbury’s installation as it islinked to the control room at Dewey House.So far the sum of £33992 has been spent on equipment and installation fees,and the Clerk has also carried out re-decoration of the control room andrepairs to the ceiling where updated wiring had taken place. One of the finalstages of the work is to dispose of the old equipment which will require theuse of a specialist waste disposal arrangement. The whole project is currentlywell within the sum set aside by members of £50,000. An open day formembers is to be arranged to view the new equipment in action, shortly. Inaddition a new contract for maintenance will be sourced.

The Members NOTED all of the information regarding the new installation andlooked forward to viewing it soon when the date has been arranged. Theycongratulated the Town Clerk and CCTV team for all their hard work in gettingthe new equipment program completed.

Signed……………………………………………………Date……………………………..3

483. Olympic LegacyThe Members debated about how the Olympic Legacy grant made available inthis year’s budget was to proceed. They accepted the suggested scheme putforward by the Clerk but wanted to change the wording on two items:-g) Only one grant per organization or group will be consideredh) The council requires feedback on how the grant has been utilised and whatsuccess the project has achieved.

Councillor Batchelor proposed adoption of the Olympic Legacy with the twoamendments to the scheme detailed at g and h, Seconded Councillor Nicklin,voting unanimous in Favour.

484. Historic Buildings SchemeThere was a lengthy debate about the budget of £4000 that had been set inthis year’s budget entitled Historic Buildings. The members were remindedthat no agreement to schemes put forward in July 2012 was consideredsuitable or appropriate for the Town Council to administer. After muchdiscussion Councillor Fryer proposed that due to the failure of a suitablescheme to come forward the Finance and Assets committee propose usingthe budget to investigate specialist cleaning of the War Memorial, which wouldbenefit the whole town. The Clerk would be tasked in finding specialistcleaners and bring relevant information and quotations to a future meeting.Seconded Councillor Nicklin, voting unanimous in Favour.

485. CommunicationsMembers requested press releases be issued on the Olympic Legacy

Meeting Closed 7.55pm

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MINUTES of the HR COMMITTEE of


Held on MONDAY 15th APRIL 2013 at 7-00PM

Councillor R Fryer in the Chair

Membership: Councillors Batchelor, Fraser, R Fryer, Nicklin & Ridout

Present: Councillors Batchelor, R Fryer, Nicklin & Ridout

460. Apologies & Substitutions – Councillors Field (work) & Fraser (hols)

461. Minutes – the minutes of the meeting held on 11th February 2013 were approved andsigned by the Chairman. It was also noted that Councillor Batchelor had not received hiscalling notice for this meeting which was a clerical error and apologies were given.

462. Staff HandbookThe updated Staff Handbook was presented for adoption. Members had a few questions todebate on the changes made to the document. Use of the Council’s email for personal use wasdiscussed and it was accepted that a reasonable use, as described in the document wasunderstood. In addition a policy outlining private car usage has now been included.Councillor Ridout proposed adopting the handbook, seconded Councillor Nicklin. Votingunanimous in favour.

Meeting Closed at 7-09pm

Signed…………………………….Date…………

Signed……………………………………………………Date……………………………..1

Minutes of the Meeting of the

Town Development Committee


held on Monday 25th March 2013 at 7pm

Councillor A. Nicklin in the chair

Membership: Councillors Batchelor, Davis, Fraser, R Fryer, Jolley, March,Nicklin, Messrs Montagu and Parks.

Present: Councillors Batchelor, Davis, Fraser, R Fryer, Jolley, Nicklin and Mr.Montagu

435. Apologies and Substitutions – Councillor March and Mr Parks

436. Minutes – The minutes of the meeting held on Monday 28th January 2012were approved as a true record and signed by the Chairman.

437. Chairman’s Announcements – None

438. Public Participation –Mr Colin French from the Warminster Cycle Group spoke on item 9 on theagenda Pump Track. He told the committee that he wanted them to be awarethat the BMX Track and the Pump Track were two different disciplines of cyclingand they were not to be confused. There were two different proposed sites, theBMX Track at Portway and the Pump Track in the Park.

Tina Smith from 16 Malvern Close spoke on item 9 on the agenda Pump Tracksaying that she felt that the site at Portway would be suitable for a BMX Track asthere had previously been one situated there. It would be good for tourism andtrade and could help develop riders ready for the next Olympic Games.

439. Deputations and Petitions - None

440. Declarations of Interest and Dispensations AgreedCouncillor Batchelor declared an interest in items, 8 Strategic Land Sites (SHLAA)saying that he owned land adjoining a proposed site but would stay in theChamber for discussion and voting. He also declared an interest in item 9 PumpTrack as he is a local cyclist retailer and would leave the Chamber whilstdiscussion took place.Councillor Nicklin declared an interest in item 8 Strategic Land Sites (SHLAA) ashe owns land adjoining a proposed site but as he had no pecuniary interest hewould remain in the chair whilst discussions took place if Members were inagreement. All Members agreed.

441. Reports from Unitary Members relevant to this committee – None

Signed……………………………………………………Date……………………………..2

It was agreed by the Members to bring forward items 9 on the agenda PumpTrack

Councillor Batchelor left the Chamber at 7.04pm

442. Pump TrackThe Town Clerk informed the Members that as requested from the last meetingshe had gathered information from Wiltshire Council and the land that had beenidentified in Portway where the old BMX Track used to be was in WiltshireCouncil’s ownership and a map was provided. Councillor Davis said that theproposed Pump Track had opened a can of worms but was pleased about thepossibility of having two different styles of cycling; he felt it would be good toresurrect the BMX Track if possible and to see the Pump Track in the park. TheMembers felt that there were questions that needed to be answered and it wasagreed to suspend standing orders to include members of the interested groupsattending the meeting.

Standing orders suspended at 7.08pm

Colin French told the Members that he would like the Pump Track to be built in thefield to the side of the skate park. A pump track has humps for the riders and is atighter track than a BMX one.Tina Smith told the Members that she had submitted a letter to the Town Clerkoutlining all her plans. The Town Clerk explained that the letter was received toolate to be included on the agenda but that if Ms Smith wanted to read its contentsto the committee that would be acceptable. Ms Smith told the Members that theTown Council would not be liable for insurance as the track is completely fencedin. A track builder will generally inspect the track annually, which they say issufficient and track would be approved by ROSPA. The safety issues at the trackwould be covered by notices saying that long sleeves, trousers and helmets areadvised and that all riders ride at their own risk. Keen riders are insured on anindividual basis to BCA which covers them on a track at all times.The track would be open to the general public at specific times, e.g. two eveningsa week, 6pm – 9pm and Saturdays 9am – 1pm. Ms Smith said that she wouldsupervise on these occasions. General supervision would not be required atother times as only BCA affiliated riders would be using the track for training. Thenearest national track is in Manchester and recently had an event that pulled in900 riders. There is currently no National Track in the South West, it has a need.

Standing Orders were reinstated at 7.19pm

The Members felt that there were still many questions that needed to beanswered by both parties interested in developing tracks in the area. Had theBritish Cycling Association been advised, had a consultation been initiated andwas there sufficient space for car parking and a track. Councillor Davis proposedthat while Warminster Town Council supports the idea of both schemes inprinciple the Town Clerk be instructed to ask for full proposals from both groupsabout their individual projects, Councillor Jolley Seconded, Voting unanimous inFavour.

Councillor Batchelor returned to the Chamber 7.30pm

Signed……………………………………………………Date……………………………..3

443. Strategic Land Sites (SHLAA.)Councillor Nicklin proposed that Warminster Town Council accept the date of the21st May 2013 suggested by the Warminster & Villages Community Partnership(WVCP) to host a public information event on the SHLAA’s and a budget of£1000 be put aside to cover the cost of the event, Seconded Councillor Fraser,Voting unanimous in Favour.

444. Town Plan working groupThe minutes of the Town Plan Working Group held on Friday 1st March 2013 wereadopted and NOTED

445. Boreham NDOThe minutes of the Boreham NDO meetings held on 22nd January and 19th

February 2013 were adopted. The consultation event took place on the19th March2013 replacing the originally scheduled meeting. Feedback from the consultationevent will be presented to the working group on 23rd April 2013 – NOTED

446. Market Town Benchmarking 2012 ReportThe Members had a lengthy debate about the Market Town Benchmarking Reportand all agreed it was a thorough document and very well put together and thankswere given to the Economy and Tourism group for collecting the data along withWarminster Schools help. Mr Montagu explained that the report still does nothave the Executive Survey attached and he was hopeful that it would becompleted by the end of March. Councillor Nicklin proposed that there was fourways the report should be used:-1) The report is to be uploaded on to Warminster Town Council website to make itavailable to all2) Enterprise Warminster uses the report as a bases for a prospectus for thetown.3) A copy is passed on to the retailers in the town who contributed4) That this report is NOTED and that it is the foundation of a master plan.Councillor Fryer Seconded, Voting unanimous in Favour

447. PigeonsCouncillor Batchelor told the Members that he had asked for this to be boughtback to the agenda for further discussion; he added that he felt that the TownClerk had put together a comprehensive report on the agenda that outlined mostof the possibilities that were available. The pigeon population grows to theamount of food supplied which must mean that there is a good supply inWarminster. There are two officers at Wiltshire Council who he is liaising with totry to help find a solution to the Town’s pigeon problem however this is also anational problem and a difficult one to solve. Councillor Batchelor told theMembers that he would report back to the committee as soon as he had somemore news to report. NOTED

448. Grit BinsIt was agreed by the Members that the Grit Bins had been placed in locationswhere they were most needed. Wiltshire Council would not supply any more bins.Whilst the Members were sympathetic to the residents in Cuckoo Lane theirrequest could not be accommodated. Councillor Nicklin proposed that all the grit

Signed……………………………………………………Date……………………………..4

bins in Warminster be left in their current location, Seconded Councillor Davis,Voting unanimous in Favour.

449. Wiltshire Local Sustainable Transport Fund – Station Travel PlanWorkshop February 2013NOTED

450. CommunicationsThe Members felt that a press release about the Benchmarking being available onthe Warminster Town Council website be issued.


Mon 1 F&ATues 2 1 1Wed 1 3 2 1 2Thurs 2 Elections 4 1 3 2 3 1Fri 3 5 2 4 1 3 4 2Sat 4 1 6 3 5 2 4 1 1 5 3Sun 5 2 7 4 1 6 3 1 5 2 2 6 4Mon 6 3 8 PAC 5 Town Dev 2 F&A 7 Town Dev 4 F&A 2 6 F&A 3 PAC 3 F&A 7 PAC 5Tues 7 4 9 6 3 8 5 3 7 4 4 8 6Wed 8 5 10 7 4 9 6 4 8 5 5 9 7Thurs 9 6 11 8 5 10 7 5 9 6 6 10 8Fri 10 7 12 9 6 11 8 6 10 7 7 11 9Sat 11 8 13 10 7 12 9 7 11 8 8 12 10Sun 12 9 14 11 8 13 10 8 12 9 9 13 11Mon 13 Ann Mtg 10 Town Dev 15 Full Counc 12 9 PAC 14 11 PAC 9 PAC 13 PAC 10 HR 10 PAC 14 Parish Mtg 12 Ann MtgTues 14 11 16 13 10 15 12 10 14 11 11 15 13Wed 15 12 17 14 11 16 13 11 15 12 12 16 14Thurs 16 13 18 15 12 17 14 12 16 13 13 17 15Fri 17 14 19 16 13 18 15 13 17 14 14 18 16Sat 18 15 20 17 14 19 16 14 18 15 15 19 17Sun 19 16 21 18 15 20 17 15 19 16 16 20 18Mon 20 PAC 17 PAC 22 HR 19 PAC 16 Full Counc 21 PAC 18 Full Counc 16 20 Full Counc 17 17 Full Counc 21 19 PACTues 21 18 23 20 17 22 19 17 21 18 18 22 20Wed 22 19 24 21 18 23 20 18 22 19 19 23 21Thurs 23 20 25 22 19 24 21 19 23 20 20 24 22Fri 24 21 26 23 20 25 22 20 24 21 21 25 23Sat 25 22 27 24 21 26 23 21 25 22 22 26 24Sun 26 23 28 25 22 27 24 22 26 23 23 27 25Mon 27 24 Full Counc 29 PAC 26 23 28 HR 25 Town Dev 23 27 Town Dev 24 PAC 24 Town Dev 28 F&A 26Tues 28 25 30 27 24 29 26 24 28 25 25 29 27Wed 29 26 31 28 25 30 27 25 29 26 26 30 28Thurs 30 ` 27 29 26 31 28 26 30 27 27 29Fri 31 28 30 27 29 27 31 28 28 30Sat 29 31 28 30 28 29 31Sun 30 29 29 30Mon 30 PAC 30 31 HRTues 31

NB. The Parish Meeting is not a Council Meeting Meetings 2013/2014 Version 2

but is a meeting for the electorate.

Warminster Town Council Meetings, 2013/2014

2013 2014

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Outside Bodies 2013/2014

COUNCILLORArmy

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File committees/outside bodies2013-2014

Car Usage Policy

An employee of the Council may have to use their own private vehicle on authorised official business during their working hours. Under Health and Safety legislation, employers have a duty of care to employees driving their own vehicles on authorised business. Warminster Town Council is therefore required to assess risks and take reasonably practicable precautions regarding the employee’s use of their private car.

1. Suitability Any vehicle used should be fit for the purpose it is being used for, for example towing or delivering items. Employees must be aware that their vehicles may be subject to spot checks to ensure they are roadworthy and that they should carry out routine or spot checks on the vehicle before using it on Town Council business.

2. Mileage Any mileage incurred on behalf of the Council will result in the employee being reimbursed for business mileage undertaken in the private vehicle. Mileage rates will be paid at the current HMRC guidelines and may be subject to change.

3. Maintenance Employees must ensure that the car is kept in good condition. This includes keeping it clean and ensuring that the tyre pressure, lights, oil, water etc. are up to the required standard. Employees should not use their cars on Town Council business in an unroadworthy condition and should undertake to service their car on a regular basis in accordance with the car’s servicing requirements.

4. Insurance Employees must ensure that any vehicle which is used on Town Council business is adequately insured for personal business usage. It is recommended that employees produce evidence of insurance every year, so that the employer can double check they are still adequately insured, along with a copy of their driving licence.

5. Driving With a Mobile Telephone It is an offence to use hand-held mobile telephones whilst driving. A driver will be liable for prosecution if he/she is holding a mobile telephone and any other type of hand-held device to send or receive any sort of data, be it through voice, text, internet or pictorial image. An employee is regarded as driving if they are in charge of a vehicle with its engine running on a public road, even if the vehicle is stationary. Therefore employees are strictly forbidden from using hand-held mobile telephones whilst driving.

A mobile telephone may only be used with a hands-free device, in which case the call should be kept to the shortest possible time and only to effect essential communications. Where employees need to operate the mobile phone or need to deal with a call through a caller’s hands-free device for longer than receiving or giving a short communication, before doing so the driver must stop and park the car where it is safe and lawful to do so and with the engine switched off.

Any breach of the Council’s rule on the use of a mobile phone whilst driving will render the employee liable to action under the Disciplinary Procedure up to and including dismissal dependent on the circumstances.

X:\POLICY STATEMENTS\STAFF HANDBOOK\CAR USAGE POLICY\Car Usage Policy April 2013.doc

X:\POLICY STATEMENTS\STAFF HANDBOOK\CAR USAGE POLICY\Car Usage Policy April 2013.doc

6. Inspection of Documents Employees will be expected to produce the following original documents at the request of the Town Council on an annual basis, or at the specific demand of their line manager if applicable:

driving licence current MOT certificate, if required current car insurance, showing the employee is covered for personal business use current road vehicle licence tax disc

Employees should also sign the Car Usage Policy document to confirm they have read and agreed to the policy so that there can be no argument about their awareness of the policy’s requirements.

X:\POLICY STATEMENTS\STAFF HANDBOOK\CAR USAGE POLICY\Car Usage Policy Inspection of Documents Form.doc

12.6 Car Usage PolicyInspection of DocumentsForm

An employee of the Council may have to use their own private vehicle on authorised officialbusiness during their working hours. Under Health and Safety legislation, employers have a duty ofcare to employees driving their own vehicles on authorised business. Warminster Town Council istherefore required to assess risks and take reasonably practicable precautions regarding theemployee’s use of their private car.

Full details of the policy are contained in the Staff Handbook Section 12, subsections 12.1–12.6.

Inspection of DocumentsEmployees will be expected to produce the following original documents at the request of the TownCouncil on an annual basis, or at the specific demand of the line manager if applicable.

Staff Name

DocumentExpiryDate

Line ManagerChecked

Diary date forrenewal

Copy to staffmember

DrivingLicence

MOT Certificate

Car Insurance

Tax Disc

I confirm that I have read and agree to the terms outlined in the Car Usage Policy

Signed:…………………………………………………………………Date:…………….

Dignity at Work/ Bullying and Harassment Policy

1. Purpose and Scope 1.1 Statement In support of our value to respect others, Warminster Town Council will not tolerate bullying or harassment by, or of, any of their employees, officials, members, contractors, visitors to the Council or members of the public from the community which we serve. The Council is committed to the elimination of any form of intimidation in the workplace. This policy reflects the spirit in which the Council intends to undertake all of its business and outlines the specific procedures available to all employees in order to protect them from bullying and harassment. It should be read in conjunction with the Council’s Grievance Procedures and Disciplinary Procedures.

1.2 Definitions

Bullying Bullying may be characterised as a pattern of offensive, intimidating, malicious, insulting or humiliating behaviour; an abuse of use of power or authority which tends to undermine an individual or a group of individuals, gradually eroding their confidence and capability, which may cause them to suffer stress.

Harassment Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This policy covers, but is not limited to, harassment on the grounds of sex, marital status, sexual orientation, race, colour, nationality, ethnic origin, religion, belief, disability or age.

These definitions are derived from the ACAS guidance on the topic. Both bullying and harassment are behaviours that are unwanted by the recipient. Bullying and harassment in the workplace can lead to poor morale, low productivity and poor performance, sickness absence, lack of respect for others, high staff turnover, damage to the council’s reputation and, ultimately, Employment Tribunal or other court cases and payment of unlimited compensation.

1.3 Examples Examples of unacceptable behaviour are as follows:

spreading malicious rumours insulting someone ridiculing or demeaning someone exclusion or victimisation unfair treatment overbearing supervision or other misuse of position or power unwelcome sexual advances making threats about job security deliberately undermining a competent worker by overloading work and/or constant criticism preventing an individual’s promotion or training opportunities

X:\POLICY STATEMENTS\STAFF HANDBOOK\DIGNITY AT WORK, BULLYING AND HARASSMENT POLICY\Dignity at Work Bullying and Harrassment Policy April 2013.doc


Bullying and harassment may occur face to face, in meetings, through written communications including e-mail or on social media, by telephone or through automatic supervision methods. It may occur on or off work premises, during work hours or in non-work time.

1.4 Penalties Bullying and harassment are considered examples of serious misconduct which will be dealt with through the Disciplinary Procedure at Gross Misconduct level and may result in summary dismissal from the Council. If elected Members are bullying or harassing employees, contractors, fellow councillors or others, then a referral through the Member’s Code of Conduct is an appropriate measure. If an employee is experiencing bullying or harassment from a third party the Council will act reasonably in upholding its duty of care towards its own employees. In extreme cases harassment can constitute a criminal offence and the Council should take appropriate legal advice, sometimes available from the Council’s insurer, if such a matter arises.

1.5 The legal position Councils have a duty of care towards all their workers and liability under common law arising out of the Employment Rights Act 1996 and the Health and Safety at Work Act 1974. If an employer fails to act reasonably with regard to this duty of care by allowing bullying or harassment to continue unchallenged, an employee may decide to resign and claim ‘constructive dismissal’ at an Employment Tribunal.

Under the Equality Act 2010 bullying or harassment related to one of the protected characteristics covered by the Act (age, gender, marital status, sexual orientation, race, religion, belief, colour, disability) can be considered unlawful discrimination which could lead to an Employment Tribunal claim for discrimination against the corporate employer, the Council and the perpetrator(s) as individual named Respondents. The legal definition of ‘Third Party Harassment’ has been introduced which makes the employer vicariously liable for harassment from other parties such as parishioners, contractors, etc. and it must take reasonable steps to manage such situations which could include seeking legal redress on behalf of an employee or Member of the Council.

In addition, the Criminal Justice and Public Order Act 1994 and Protection from Harassment Act 1997 created a criminal offence of harassment with a fine and/or prison sentence as a penalty and a right to damages for the victim. A harasser may be personally liable to pay damages if a victim complains to an Employment Tribunal on the grounds of discrimination. The 1997 Act was originally designed to assist in stalking situations but case law has demonstrated that it can be relevant to employment disputes; for instance, employers can be vicariously liable for harassment received in the workplace, that the conduct is viewed as ‘serious’, or ‘oppressive and unacceptable’, that a ‘course of conduct’ needs to be established but that this can link incidents which are separated by long time periods and that damages for personal injury and distress can be awarded under the Act.

2. Process for Dealing with Complaints of Bullying and Harassment 2.1 Informal approach Anyone – employee, contractor, member or visitor – who feels he or she is being bullied or harassed should try to resolve the problem informally in the first instance. It may be sufficient to explain to the person(s) involved in the unwanted behaviour, or any intermediary, that their conduct is unacceptable, offensive or causing discomfort. Anyone concerned about being bullied or harassed is encouraged to maintain a journal or other record of the incidents.

2.2 Formal approach

Employees Where the employee feels unable to resolve the matter informally, any complaint about harassment or bullying can be raised confidentially and informally, initially with the Mayor or another councillor if more appropriate. It may be appropriate for the complaint to be put in writing after the


initial discussion, as this will enable the formal Grievance Procedure to be invoked. The employee will be expected to provide evidence of the conduct about which s/he is complaining.

Others Any other party to the Council, other than an employee, who feels he or she is being bullied or harassed, should raise their complaint with the Council, where possible, if an informal notification to a Member has been unsuccessful at eliminating the problem. The complaint should then be investigated and a hearing held to discuss the facts and recommend the way forward. A member of the public who feels s/he has been bullied or harassed by any Members or officers of the Council should use the Council’s official Complaints Procedure. It is important that the Member(s) being complained about do not prevent the Council operating impartially in its investigation and decision making in this regard.

2.3 Grievance – employees only A meeting to discuss the complaint with the complainant will normally be arranged within five working days of a written complaint being received and will be held under the provisions of the Council’s Grievance Procedure (Section 15 below). This meeting will be to discuss the issues raised and a way forward for the member(s) of staff involved. Employees have a right to be accompanied by a work colleague or a trade union representative at this meeting. A full investigation of the complaint will be held by an officer as appointed by the committee of the Council which is handling the process. It may be appropriate for an external investigator to be involved in order to maintain objectivity and impartiality. The Hearing Panel will publish its recommendations following deliberation of the facts. An action plan should be made available to the aggrieved employee to demonstrate how the problem is to be resolved. It may be decided that mediation or some other intervention is required and the Council should contact NALC, an employer’s body or ACAS to this effect or the Council may offer counselling. The employee will have a right of appeal. At all times the confidentiality of the grievance will be of paramount importance in order to maintain trust in the process, hence details of the full grievance will not be shared with the full Council without prior approval by the aggrieved. The Council will commit not to victimise the complainant for raising the complaint once the appropriate dispute resolution process has been concluded.

2.4 Disciplinary action Following a grievance hearing or investigation into allegations of bullying or harassment a full report will be made to all parties and this may result in disciplinary action being taken against the perpetrator of the alleged action/behaviour.

Employees For an employee found to have been bullying/harassing others this will follow the Council’s Disciplinary Procedure under the ACAS Code of Practice on Dispute Resolution and would normally be treated as gross misconduct.

Members For Members who the Council reasonably believe have been bullying or harassing another person(s) whilst undertaking Council activities the action taken must be reasonable, and in some cases counselling or training in appropriate skill areas – e.g. interpersonal communication, assertiveness, chairmanship, etc. – may be more appropriate than a penalty. The range of disciplinary sanctions available to the Council, where a Member has been involved in bullying/harassment are limited but do include:

admonishment and an undertaking not to repeat the process removal of opportunities to further harass/bully banning from committees of the Council and representation on any outside bodies a referral under the Code of Conduct to the relevant reviewing body

There may also be a referral to the police under the Protection from Harassment Act 1997, or a claim to an Employment Tribunal for Third Party Harassment (for harassment relating to one of the


protected characteristics under the Equality Act) in the most extreme cases. This list is not exhaustive.

2.5 False allegations False or malicious allegations of harassment or bullying which damage the reputation of a fellow employee/Member will not be tolerated and will be dealt with as serious misconduct under the Disciplinary Procedure and/or referral under the Code of Conduct.

3. Responsibilities All parties to the Council have a responsibility to ensure that their conduct towards others does not harass or bully or in any way demean the dignity of others. If unacceptable behaviour is observed then each individual can challenge the perpetrator and ask them to stop. There needs to be an agreement about how ‘robust people management’ and ‘bullying’ differ: effective management of performance will usually include feedback based on objective evidence, delivered by a committee specifically designated and often trained to manage and appraise staff, with dialogue occurring on a face-to-face basis in confidential surroundings. Bullying is more likely to be complained about when individual Members criticise staff, often without objective evidence, without the mandate from the corporate body of the Council and in environments which are open to the public or other employees or by way of blogs, Facebook comments, or in the pub or local playground.

The Council undertakes to share its policy with all Members and workers, and requests that each party signs to demonstrate acceptance of its terms. All new Members and employees will be provided with a copy of this policy. A review of the policy shall be undertaken each year and necessary amendments will be undertaken by the Clerk and reported to the full Council for approval. The Council will undertake to ensure that its Members and workers are trained in the processes required by this policy as deemed appropriate.

4. Useful Contacts ACAS www.acas.org.uk tel: 0845 7 47 47 47 Local Government Ombudsman for England www.lgo.org.uk tel: 0300 061 0614 Equality and Human Rights Commission www.equalityhumanrights.com SLCC www.slcc.co.uk DirectGov website: www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAt Work/DG_10026670

http://www.acas.org.uk/

http://www.lgo.org.uk/

http://www.equalityhumanrights.com/

http://www.slcc.co.uk/

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAt%20Work/DG_10026670

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAt%20Work/DG_10026670

Grievance Procedure

1. Purpose and Scope It is the policy of the Council to give employees the opportunity to air and seek redress for any individual employment grievance which they may have. Grievances may be any concerns, problems or complaints employees wish to raise with the Council. This describes the procedure which aims to facilitate a speedy, fair and consistent solution to an individual employee’s employment grievance. This procedure is produced in line with the ACAS Code of Practice 2009 as set out in the Employment Act 2008.

2. Principles (a) At every stage in the procedure the employee will be given the opportunity to state his or her

case before any decision is made. (b) Grievances will be dealt with promptly and consistently. (c) At all formal stages the employee will have the right to be accompanied by a work colleague

or trade union representative during the grievance hearing. (d) An employee will have the right to appeal against any outcome of a grievance hearing. (e) At no time will an employee be penalised or victimised for having raised a grievance against

the Council.

3. Procedures 3.1 Raising a grievance Wherever possible, any grievance should be raised informally with the employee’s line manager, or if this is inappropriate with the next level of management. In the case of the Clerk to the Council raising a grievance this should be directed to the Mayor of the Council unless the complaint is about the Mayor in which case another Member can be identified to handle the Clerk’s concerns. The recipient of the grievance from a Clerk should share the grievance with the relevant committee established to handle employment matters and the issues should be treated with discretion and confidentiality at all times.

3.2 Written statement If the employee does not consider it appropriate to raise the grievance informally, or if requested by the person the employee spoke to informally, then the employee should submit a formal grievance in writing to their line manager, or if this is inappropriate to the next level of management.

3.3 Meeting or hearing Generally, within a reasonable period of time, e.g. five working days of receipt of a written complaint, the line manager or Chair of the appropriately convened committee or Hearing Panel will arrange a meeting with the employee. The Hearing Manager will endeavour to make the meeting arrangements mutually convenient and will arrange a confidential location, free from interruptions. The manager will investigate the substance of the complaint and hear submissions from the employee concerned together with such other submissions or evidence as s/he shall consider appropriate and take such steps as s/he shall consider necessary to resolve the issue raised. It may be necessary to adjourn the meeting in order for an investigation to take place. Careful consideration of the evidence and the necessary steps required to resolve the problems will be given to the grievance. The employee may call witnesses by prior arrangement with the panel. There is no right for a Member or employee implicated in an employee’s grievance to cross-examine the

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aggrieved during a grievance hearing but the panel may wish to make its own investigations through interviewing these individuals and/or other witnesses separately. The Panel may ask the employee what he or she would like to happen as a result of raising the grievance and bear this in mind when preparing the response.

3.4 Response The Hearing Manager will advise the decision to the employee in writing and, where appropriate, include an action plan to assist in the resolution of the problem.

3.5 Appeal If the employee is dissatisfied with the decision of the line manager on his/her complaint, s/he may appeal against the decision to the Mayor or other elected Member by written notice within five working days of receiving the decision. An appeal may be raised if:

the employee thinks the finding, or action plan, is unfair new evidence has come to light the employee thinks that the procedure was not applied properly

On receipt of the appeal the Council’s Appeals Panel shall arrange to meet and consult with the employee, the line manager or Members concerned, and any other persons as s/he shall consider appropriate without unreasonable delay. The Appeal Hearing Chair shall consider the issues and shall then take all such steps as s/he may consider necessary to resolve those issues. Where the Council’s Mayor has chaired the initial grievance meeting, the Deputy Mayor will hear the appeal as a hearing manager. The decision of the Appeal Hearing will be final. The Council will need to ensure that the Members involved in the hearings are able to act impartially and reasonably at all times. The outcome of the appeal should be conveyed to the employee in writing in a timely manner.

3.6 Bullying or harassment If a grievance concerns alleged bullying or harassment the matter should be reported promptly to the employee’s line manager, or another manager/Member if more appropriate, with an indication of the required action. The complaint will then be investigated and any action taken and any resolution achieved will be reported back. If the solution is not satisfactory to the complainant, the matter will be discussed further and, if appropriate, an alternative solution agreed. The decision at this stage will generally conclude the enquiry. If a further appeal or review is available the employee will be notified. As a result of an investigation into a claim of harassment disciplinary action may be instigated against any alleged perpetrators of the action or, in the case of alleged perpetrators being elected Members, a Code of Conduct complaint should be lodged by the Council.

Refer to the Dignity at Work/Bullying and Harassment Policy for further details.

3.7 Right to be accompanied At any formal stage of the procedure an employee may be accompanied by a fellow employee of their choice or their trade union representative or official of a trade union (appropriately accredited), but as this is an internal procedure they will not be entitled to be accompanied by any external supporter, e.g. partner, parent, solicitor etc. This right to be accompanied is enshrined in the Employment Relations Act 1999. To exercise this right the employee should make a reasonable request. The companion will be allowed to address the hearing, put and sum up the employee’s case, respond to views expressed at the hearing and to confer with the employee during the hearing (sometimes in adjournment), but is not allowed to answer questions on the employee’s behalf, address the hearing if the employee does not wish it, or prevent the employer from explaining their case.

3.8 Confidentiality So far as is reasonably practicable, the Council will keep any grievance or complaint of harassment confidential between the manager or Member investigating the grievance or complaint, the


employee and the person about whom the grievance or complaint is made. If it is necessary to investigate the matter with any other employee or person, the employee will be so advised.

3.9 Record keeping In all cases, written records of the nature of the grievance raised, the employer’s response, action taken (with reasons), details of any appeal and subsequent developments will be retained and kept in accordance with the Data Protection Act 1998. 3.10 Grievances raised during disciplinaries

In some circumstances when a disciplinary process has commenced an employee chooses to exercise his/her right to raise an internal grievance about the employment relationship with the Council or individual Members. In such a case the Council will place disciplinary matters on hold until grievances have been aired and actions towards a resolution have been progressed. In exceptional circumstances it may be pragmatic to deal with the two disputes concurrently but the Council would seek specialist advice should this arise.

Health and Safety Policy

Warminster Town Council regards the promotion of health, safety, welfare and the environment as an essential objective. It therefore recognises and accepts the requirement for providing, so far as is reasonably practicable, a safe and healthy workplace and a safe working environment for employees, sub-contractors, and further accepts its responsibility for the health and safety of other people who may be affected by the Council’s activities.

Elected Members, management, staff and sub-contractors have the responsibility for implementing this policy and must ensure that health, safety and environmental considerations are always given priority in planning and day-to-day supervision of work, and that adequate control of health, safety and environmental risks arising from our activities is always provided. We will:

(a) Comply with relevant legal and other requirements for health, safety and the environment; (b) Consult with our employees on matters affecting their health and safety; (c) Provide and maintain safe systems of work and safe facilities, plant and equipment; (d) Ensure safe handling and use of substances; committing ourselves to preventing pollution and

to continuous improvement in our performance; (e) Provide information, instruction and supervision for employees, and ensuring that our policy

is properly documented, implemented, maintained and communicated to all our employees; (f) Ensure that all our employees are competent to do their tasks, and to give them adequate

training; and (g) Prevent accidents and cases of work-related ill health.

All Elected Members, employees, volunteers and sub-contractors are expected to co-operate with the Town Council in carrying out this policy and must ensure that their own work, so far as is reasonably practicable, is carried out without risk to themselves or others, and the environment in which we operate.

This Health and Safety Policy will be reviewed regularly and amended as necessary. It will be drawn to the attention of all employees and sub-contractors, and copies provided to other interested parties as necessary.

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IT Policy

The Council provides employees with email and internet access as required for the performance and fulfilment of job responsibilities. This policy outlines the regulations for acceptable use that staff are required to follow to ensure that Council business is transacted in an appropriate manner. The policy includes computers, smartphones and fax.

1. Use of the Internet/email (a) The Council recognises that reasonable use of email facilities to communicate brief personal

non-offensive messages is acceptable. (b) The Council recognises that access to professional information by email, fax or through web

sites is a necessary requirement of the job of the Clerk to the Council and other staff and is permitted.

(c) Staff and users are expected to use technology in a courteous, reasonable and responsible manner. The following activities are not acceptable and anyone found to be involved in them may face disciplinary action. In certain instances the matter will be considered to be Gross Misconduct:

allowing non-authorised users to access the internet using employees’ log-in or while logged on

visiting internet sites that contain obscene, hateful, pornographic or otherwise illegal material

passing on such material to colleagues or external people using the computer to perpetrate any form of fraud, or software, film or music piracy using the internet to send offensive or harassing material to other users downloading commercial software or any copyrighted materials belonging to third parties,

unless this download is covered or permitted under a commercial agreement or other such licence

hacking into unauthorised areas publishing defamatory and/or knowingly false material about the Council, its employees,

Members, your colleagues and/or customers on social networking sites, ‘blogs’ (online journals), ‘wikis’ and any online publishing format

undertaking deliberate activities that waste staff effort or networked resources introducing any form of malicious software into the corporate network gambling online accessing chat rooms or gaming disclosure of any confidential corporate information without express consent any other area that the Council reasonably believes may cause them problems

(d) The Council cannot control and is not responsible for the accuracy or content of information gathered over the internet.

(e) It is a requirement of the Council and the duty of all staff to avoid deliberate use of the Council’s internet connections and technology for inappropriate personal use. Staff should immediately alert the Town Clerk of any suspect material found stored on any computer or elsewhere on the premises.

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2. Hardware/Software The computer equipment and software must be used as installed. Staff and users may not install/uninstall, delete or change anything on Council computers. Any requirements to change anything should be authorised by the Town Clerk.

Security is maintained by appropriate software, internal computer security settings and passwords. The Council uses a virus-checker on its computers, and staff are forbidden to load disks that have not been virus-checked by the system.

3. Social Media Employees should be aware that entries entered on social media, such as Facebook and Twitter, which have a detrimental impact on the Council or colleagues may lead to formal disciplinary action. They are prohibited from naming the Council or colleagues or discussing internal Council matters on such sites. Accessing such sites for personal use is prohibited during working hours.

Whistleblowing Code of Practice

1. Introduction ‘Whistleblowing’ means action by an employee – the ‘whistleblower’ – to disclose malpractice in the form of irregularity, wrongdoing or serious failures of standards at work. Employees will be expected, through agreed procedures and without fear of recrimination, to bring to the attention of management any deficiency in the provision of the service.

‘Employee’ for the purpose of this policy means anyone who works for and receives remuneration from Warminster Town Council or who works for a contractor of the Council. 2. Scope of the Code An employee’s concerns about malpractice may include concerns about possible:

(a) corruption and fraud (b) dangerous procedures risking health and safety (c) abuse of members of the public (d) evasion of responsibilities (e) harassment of other staff (f) damage to the environment (g) unauthorised use of public funds (h) other unethical conduct

The overriding concern should be that it would be in the public interest for the malpractice to be corrected and, if appropriate, sanctions applied. This code is in addition to the Disciplinary and Grievance Procedures.

3. Procedure Where an employee has concerns about malpractice and it is not appropriate to raise them through other procedures, such as the Grievance Procedure, they should be raised with their line manager. If the employee thinks that management is involved the approach should be made to the Mayor.

An employee may put their concerns in writing and place them in an envelope which they should mark ‘Private and Confidential’. This should then be sent to the line manager or Mayor. Complaints in writing, however, should not be anonymous and should be signed.

An employee should consider discussing their concern with a colleague first and may find it easier to raise the matter if there are two (or more) employees who have had the same experience or concerns. The whistleblower may invite their trade union, professional association representative or a friend to be present during any meetings or interviews in connection with the concerns raised.

Within ten working days of a concern being raised the person contacted will write to the whistleblower:

acknowledging that the concern has been received; telling them whether any initial enquiries have been made; telling them whether further investigations will take place, and if not, why not; indicating how the Council proposes to deal with the matter if it is to be investigated.

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In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take. The overriding principle which the Council will have in mind is the public interest. Concerns or allegations which fall within the scope of specific procedures (for example, child protection or discrimination issues) will normally be referred for consideration under those procedures.

Where appropriate, the matters raised may:

be investigated by management, internal audit or through the disciplinary process be referred to the external auditor form the subject of an independent inquiry be referred to the police

The amount of contact between the officers considering the issues and the whistleblower will depend on the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, the Council will seek further information from the whistleblower.

Where any meeting is arranged (off-site if the whistleblower wishes) the whistleblower can be accompanied by a union or professional association representative or a friend. 4. Confidentiality The Council will do as much as is reasonably possible to ensure the confidentiality of the whistleblower. If the concern leads to criminal proceedings against an employee the Council will do its best, as far as is reasonably possible, to use only evidence collated by the investigating officer to ensure the confidentiality of the whistleblower.

The Council will take steps to minimise any difficulties which the whistleblower may experience as a result of raising a concern. For instance, if whistleblowers are required to give evidence in criminal or disciplinary proceedings the Council will arrange for them to receive advice about the procedure.

5. Completion of the Investigation The Council will inform the whistleblower of the outcome of their complaint (subject to any legal constraints). The Town Clerk is responsible for the working of this code and records all complaints and their outcomes. S/he will report annually on the complaints and otherwise as necessary, preserving the anonymity of the complainants as far as possible. 6. How the Matter can be Taken Further This code is intended to provide employees with an avenue within the Council to raise concerns. The Council hopes that whistleblowers will be satisfied with the outcome of their complaint. If not, and the employee feels it is right to take the matter outside the Council, the following are possible contact points:

the external auditor your trade union your local Citizens Advice Bureau relevant professional bodies or regulatory organisations the police

If the whistleblower does take the matter outside the Council they should ensure that no confidential information is disclosed. Clarification should be sought from the Town Clerk on what might constitute confidential information.

Organisational Change and Redundancy Policy

1. Introduction Warminster Town Council places a high priority on maintaining job security for all its employees. However, financial constraints, changes in methods of service delivery and other planned or unplanned circumstances may result in the requirement to reduce the number of staff involved in a particular function, activity or category of staff. The purpose of this policy is to set out the Council’s approach to managing the human resources implications of organisational change, including restructuring of services and teams and potential redundancy. Under section 139 of the Employment Rights Act 1996:

an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to: the fact that his employer has ceased, or intends to cease, to carry on the business for the

purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was employed; or

the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish.

Should a potential redundancy situation arise, the Council will aim to:

develop strategies which reduce, avoid or limit the effects of redundancy; inform and involve the staff at the earliest opportunity; actively consider alternative employment; ensure that if redundancy occurs, it is handled in accordance with the law; where applicable, provide a selection procedure which is transparent, fair and reasonable; assist those affected to increase employability.

2. Measures to Avoid or Minimise Redundancies The Council may, at its sole discretion, adopt one or more of the following measures in an attempt to avoid/minimise the need for compulsory redundancies:

limit external and internal recruitment in relevant categories of employee; restrict appointments where a vacancy may provide suitable alternative employment for an

employee facing dismissal; reduce the amount of non-contractual overtime where this would provide additional job

opportunities; reduce or cease the use of agency, casual or other temporary employees; consider alternative working arrangements (e.g. job share, part-time working).

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Where redundancies are required despite these measures being adopted, the Council may seek volunteers for redundancy from among the ‘at risk’ groups or from employees whose jobs would provide employment for displaced employees (sometimes called a ‘bumped’ redundancy), where this could reduce or remove the need for compulsory redundancies. Any requests for voluntary redundancy will be treated in the strictest confidence and will be explored without commitment on either side. In determining which, if any, employees are to be granted voluntary redundancy, the Council will take into account the following:


the need to maintain efficient and effective services; the need to retain a balance of experience and skills in the remaining workforce to meet

future needs; the cost implications.

The Council reserves the right to refuse to accept individual offers of voluntary redundancy.

3. Consultation When considering organisation changes and/or reductions in staffing levels the Council will consult fully and at the earliest opportunity. This provides the opportunity for the affected employee(s) to put forward their views on the proposals and the various options for future changes so that they can be explored jointly before any firm decisions are taken or formal approvals given. Consultation will comply with any statutory requirements placed on the Council in circumstances where there may be potential redundancies. The length of the consultation period will vary depending on the particular circumstances, but it will be reasonable given the nature of the changes being considered.

Employees have the right to be accompanied by a trade union representative or work colleague at any individual meeting to consult on their personal circumstances within the proposed reorganisation. Consultation meetings will be undertaken with a view to reaching agreement on ways of:

avoiding dismissals; reducing the number of employees to be dismissed; mitigating the consequences of any dismissals; and where applicable, selection criteria.

At individual consultation meetings the employee will be advised of:

the proposed changes; how those changes will affect him/her personally, including whether he/she is at risk of

redundancy; the reasons for the potential redundancies; and any intention on the part of the Council to seek volunteers for redundancy and the

arrangements for this.

Any feedback from the employee will be recorded.

All employees who are vulnerable to redundancy as a result of proposed changes will be issued with formal written confirmation that they are ‘at risk of redundancy’. The Council’s preferred option is to secure agreement to any proposed changes with trade unions (where applicable) and employees affected. However, where agreement is not reached after proper consultation, the Council may decide to implement the changes without agreement.

4. Appointment to New Staffing Structure This section sets out how the Council will make appointments to new staffing structures which arise where a group of posts is deleted and new posts are created in the process of achieving organisational change. The aim will be to protect employment. Any opportunity for promotion or professional development that arises for employees will be a secondary consideration.

The movement of employees from the ‘old’ structure to the ‘new’ structure will be achieved as effectively as possible through the quick and fair identification of job matches, slotting in, and ring fence recruitment. As new structures are drawn up the posts will be compared to existing posts to determine if there are any ‘job matches’. If there is a job match the appointment will be offered to the existing postholder on the basis of an automatic slot. The post will be identified as suitable alternative employment and if the postholder declines to accept the new post he/she will be informed that when his/her existing post is deleted he/she will not be entitled to a redundancy payment as a result of declining an offer of suitable alternative employment.


If, through a reduction in the number of posts in the new structure, there are more people than posts, appointment will be made through a ring-fence selection interview process (see Section 8.2.5 below).

In the event of no employee applying through the ring fence the most suitable employee will be slotted into the post based on existing managerial information such as appraisal records. Job matches will be assessed on the basis of the similarity of:

job purpose and status; job content (including the proportion of time spent on different aspects of the role); level and breadth of responsibility; skills and experience required; and grade.

Where a post is broadly similar but differences have resulted in a higher grade, a job match may be offered for a post with a grade in the next highest salary band. Job matches will not be offered for posts on lower grades unless the employee agrees. Where an employee, after assessment, has been identified as not having the necessary skills and experience to carry out the responsibilities of the new post, and could not have achieved them after reasonable induction, there will be no job match to the new post.

5. Ring-Fenced Recruitment Ring-fenced recruitment is the process of appointing to one or more specified posts from within a group of employees who fall within a ‘ring fence’. The ring fence will include those employees who are vulnerable to redundancy in a particular reorganisation if their existing posts are deleted. Ring-fenced employees will be invited to express a preference for one or more posts in the new structure. Job descriptions and person specifications will be provided. Employees will be asked to give brief details of skills and experience relevant to the job(s) applied for.

Where there is only one applicant for a post, the manager will conduct an interview to ascertain that the applicant meets the person specification criteria, or could do within a reasonable timescale given appropriate induction support. Where there are two or more applicants for a post, the manager will carry out a selection process which will include competitive interviews and may include selection tests. The manager will take account of the results of the interview and tests together with the skills and experience of the applicants, and any relevant qualifications, in determining who should be appointed to the post.

On completion of the ring-fenced recruitment successful employees will be informed of:

the post to which they have been appointed by job match or through the ring-fenced recruitment process;

the requirement to confirm in writing within seven days their acceptance of the post; that unreasonably refusing an offer of suitable alternative employment may result in the

employee losing the right to be paid a redundancy payment and the employee will be dismissed with notice.

Employees who have not been appointed to the new structure will be informed in writing and placed in the redeployment pool.

6. Redeployment Process The redeployment process is designed to ensure that the Council complies with its duties to seek to find suitable alternative employment for employees who are at risk of redundancy. It applies to all permanent employees of the Council and temporary employees with at least one year of continuous service, whose continued employment is at risk due to redundancy (including non-renewal of a fixed term contract). Redeployment will normally be to permanent alternative employment


being to retain osts of redundancy.

the following events is soonest:

ination of employment; or

ing. If the outcome of the meeting is a confirmation of

ermined, if necessary, by the Town Clerk taking into account all the relevant on of the post, and the circumstances of the individual

holders will form the ‘pool’ from which individuals will be selected for redundancy. Employees advised

re applicable, the weighting each is given;

rmally be agreed during e Council from applying selection

air and appropriate in the circumstances.

for consultation:

etencies elated and other)

assessment for each individual employee and the reasons for the

commensurate with the employee’s experience, skills and abilities and, where practicable and appropriate, at a status and level of remuneration comparable with the former position.

Termination of employment due to redundancy will be a last resort, with the aimvaluable expertise within the Council wherever possible and to minimise c

Redeployee status will continue until whichever of

the employee is offered and has accepted alternative employment; the date of term the employee is notified that he/she is no longer ‘at risk’ due to changed organisational

circumstances.

Where suitable alternative employment is not available, the Town Clerk will write to the employee to convene a meeting with him/her to consider the termination of employment on the grounds of redundancy. The employee has the right to be accompanied and represented by a trade union representative or work colleague at this meetredundancy, the Town Clerk will issue the employee with formal notice of termination of employment on the grounds of redundancy.

Efforts by the Council to find suitable alternative employment for staff issued with a formal notice of redundancy will continue throughout the notice period. The suitability of alternative employment will be detcharacteristics of the post, the locatiemployee.

7. Redundancy Process Where individual and specific posts are identified as redundant there will be no need for a selection process; the postholder(s) will be deemed to be redundant.

Where there is a need to reduce the number of similar or overlapping jobs in a work area, all postwho are identified as falling within the ‘pool’ will be advised in writing. They will also beof:

the selection criteria to be used and, whe the selection process to be followed; the timescale for the selection process.

The selection criteria to be used, and their relative weighting, will noconsultation. However, failure to agree will not preclude thcriteria which it considers to be f

The following criteria may be used as a basis

skills and comp experience (work r qualifications attendance record disciplinary record

A written record will be kept of the decisions. The manager will use the assessment to select those employees who will be retained and those who will be made redundant.

Individual employees will be given feedback on the redundancy selection assessment as soon as possible after completion of the exercise. Employees will receive details of their own results, but not the results of other employees. The Town Clerk will write to the employee to convene a meeting with him/her to consider the termination of employment on the grounds of redundancy. The


f the meeting is a confirmation of the redundancy

ermined, if necessary, by the Town Clerk taking into account all the relevant characteristics of the post, the location of the post, and the circumstances of the individual

loy

y be extended for training purposes only). The offer of a writing before the termination date and during the notice :

e of work;

redundancy payment if appropriate;

has not been a success the employment

If the employee and the Council agree that the trial period has been successful the employee will be loy

st two years’

for assessing

rrange training during the notice period. Employees should always check with the Town Clerk that it is operationally viable for them to take time off before arranging or confirming an appointment.

employee has the right to be accompanied and represented by a trade union representative or work colleague at this meeting. If the outcome oselection decision, the Town Clerk will issue the employee with formal notice of termination of employment on the grounds of redundancy.

Efforts by the Council to find suitable alternative employment for staff issued with a formal notice of redundancy will continue throughout the notice period. The suitability of alternative employment will be det

emp ee.

8. Statutory Trial Period Statutory trial periods apply only where an employee is under notice of redundancy. They take place after the notified date of termination of employment. An employee under notice of redundancy may be offered a position on different contractual terms under a statutory trial period. The trial period will last four calendar weeks from the notified date of termination of employment by reason of redundancy (the period mastatutory trial period will be made in

ingperiod and it will specify the follow

the job title and typ the location of the new job; the hours of work; the length of the trial period and any arrangements for training; details of entitlement to a the fact that confirmation of appointment is subject to satisfactory completion of the trial

period by the employee.

If the employee or the Council decide that the trial periodwill be terminated and the employee will receive the redundancy payment originally due on the termination date set out before the trial period was agreed.

emp ed on the contractual conditions for that post.

9. Redundancy Pay and Time Off Provisions Employees who are dismissed on the grounds of redundancy, and who have at leacontinuous employment with the Council at the date of termination of employment, will be entitled to a statutory redundancy payment as determined by national government regulations.

If an employee at risk of redundancy or under notice of redundancy is successfully redeployed he/she will not be entitled to a redundancy payment.

An employee will also lose his/her potential entitlement to a redundancy payment and the opportunity to be considered for further redeployment if he/she:

refuses an offer of alternative employment considered suitable by the Council, without good reason;

is dismissed for misconduct during the notice period or agreed trial periodsuitability for alternative employment;

resigns during his/her notice period without giving adequate ‘counter notice’.

Employees who have been given formal notice of redundancy, and who have at least two years’ continuous employment with the Council at the date of termination of employment will be entitled to take reasonable time off with pay to look for other employment or a


10. Notice Provisions Written notice of at least the contractual or statutory minimum (whichever is the longer) will be given. Contractual notice is set out in the individual’s contract of employment. Statutory notice is a minimum of one week, increasing by a week for each completed year of continuous local government service, up to a maximum of 12 weeks. Previous service with any public authority will count towards the length of service for notice periods, providing that all service has been continuous.

The Council reserves the right to pay employees in lieu of notice.

11. Right of Appeal An employee who is dismissed on the grounds of redundancy has the right of appeal against the decision. The employee must lodge his/her appeal in writing within seven working days of receipt of the written notice confirming his/her redundancy.

12. Annual Leave Provisions Employees who have been given notice of dismissal on the grounds of redundancy will be expected to take any annual leave entitlement accrued up to the date of termination of employment. Where this is not possible for operational reasons, payment for any outstanding leave will be made. The Council will not seek to recover any annual leave taken or authorised to be taken before the issue of the notice of redundancy notice where it exceeds the entitlement at the date of termination of employment.