Councils could be at risk of breaking the law on pay to senior officers in the wake of Croydon LBC’s recent tribunal loss, employers have warned.
The employers’ side of the Joint Negotiating Committee (JNC) for chief officers has urged local authorities to check their policies and contracts to avoid falling foul of the same ruling.
An employment judge earlier this year found Croydon acted unlawfully when it denied full pay to its former director for localities, Hazel Simmonds, while she was suspended.
The council argued she was entitled to ‘normal’ pay, meaning it could be reduced on the basis she was off sick.
However, Ms Simmonds' contract stated the council would follow guidance laid down in the JNC’s conditions of service handbook, which specifies suspended chief officers should receive ‘full’ pay.
Having reviewed the case, a letter from employers sent to all chief executives this week read: ‘Any council that simply incorporates the JNC for chief officers’ handbook into chief officers’ contracts would appear vulnerable to losing any similar case.’
Councils have been urged to check current contracts, policies and procedures, and lay down precisely what pay is due to suspended officers.
Employers will seek to ‘explore options for amending wording’ in the handbook in the future, but warned this 'could take some time’.