Terms of Reference 2026/27

Human Resources Committee (HR)

 

Introduction 

St Stephen in Brannel Parish Council appoints Committees to carry out specific duties on its behalf. All Committees must comply with the Council’s Standing Orders and Financial Regulations, Scheme of Delegation, and any relevant statutory requirements

 

This document sets out the remit, powers, and procedures for the Human Resources Committee (HR).

 

Committee Overview

 

Remit:

To oversee matters relating to the employment, welfare, development and performance of Council staff, including recruitment, employment policies, appraisals, sickness absence, annual leave, training and development, dignity at work, health and safety compliance, and general staff wellbeing.

The Committee shall work within its delegated authority and approved budget. Day-to-day line management of staff remains the responsibility of the Clerk/RFO, except where a matter relates directly to the Clerk/RFO or where Council policy provides otherwise.

 

Composition:             Five (5) Elected members (Voting)

Two (2) Substitute members (Voting)

 

Councillors appointed to the HR Committee must be willing to undertake appropriate employment law, equality, data protection, dignity at work, disciplinary/grievance and                                           appraisal training as soon as practicable, and before sitting on any formal staffing panel wherever possible.

The Council recognises that stable membership of the Committee is desirable. Membership should therefore be regarded as a continuing commitment, subject to annual                                                  appointment by Full Council.

A member will not be eligible for nomination to the committee if they have been the subject of an upheld grievance or finding of a breach of the Code of Conduct by or relating                                        to a member of staff during the previous 12 months.

 

Non Members:        All Councillors not appointed to the Human Resources Committee may attend public sessions and, at the discretion of the Chairman, participate in the meeting but have no                                             voting rights and shall not count towards the quorum

Non-members shall withdraw for confidential staffing matters unless specifically invited by the Committee for a defined advisory or factual purpose. Any councillor attending a                                     confidential staffing item shall be bound by the same confidentiality obligations as Committee members and may be prevented from sitting on any later hearing or appeal panel                                     relating to that matter.

 

Quorum:                    Three (3) members. Substitute members count towards quorum only when formally substituting for an absent appointed member.

 

Chairmanship:          Chairman and Vice-Chairman to be elected by the members at the first committee meeting held in each Council year.

 

Meetings:                   Four ordinary meetings per year.  In the event of an item of urgency, an extra ordinary meeting can be called in line with legislation and Council’s adopted standing orders and                                       scheme of delegation.

 

Confidentiality:         The Committee shall treat all staffing matters with appropriate confidentiality and in accordance with Standing Orders, employment policies and data protection                                                                requirements.

Members should not take personal notes during confidential staffing items unless required for a formal hearing or appeal. An official confidential minute, record or hearing                                             note shall be taken by the Clerk, an appointed note taker, or an external adviser as appropriate and retained securely by the Council.

Members involved in confidential staffing matters must not discuss those matters with councillors, staff or third parties who are not properly involved in the matter.

 

Timing:                       6.30pm

 

Venue:                       The Brannel Room, 22 Fore Street, St Stephen, PL26 7NN

 

Reports to:                 Full Council.

 

Administration:         Parish Council Office

 

Term of Appointment:            Appointments shall be made for a term of one year, with members expected to commit to serving for up to four years to ensure continuity and stability in staffing                                                                 matters.

  

Legal & Governance Framework

 

The Committee operates under the following legislation and policy documents (non-exhaustive):

  • Local Government Act 1972, including delegation and committee arrangements
  • Public Bodies (Admission to Meetings) Act 1960
  • Localism Act 2011
  • Employment Rights Act 1996, as amended, including relevant provisions of the Employment Rights Act 2025 as they come into force
  • Equality Act 2010, including the Public Sector Equality Duty
  • Worker Protection (Amendment of Equality Act 2010) Act 2023
  • Data Protection Act 2018 and UK GDPR
  • Health and Safety at Work etc. Act 1974
  • Management of Health and Safety at Work Regulations 1999
  • Working Time Regulations 1998
  • National Minimum Wage Act 1998 and National Minimum Wage Regulations 2015
  • Trade Union and Labour Relations (Consolidation) Act 1992
  • Employment Relations Act 1999, Employment Act 2002 and Employment Relations Act 2004
  • Pensions Act 2008 and relevant pension/auto-enrolment requirements
  • Immigration, Asylum and Nationality Act 2006 and Immigration Act 2016
  • Rehabilitation of Offenders Act 1974
  • TUPE Regulations 2006, where relevant
  • Agency Workers Regulations 2010, where relevant
  • Maternity and Parental Leave etc. Regulations 1999
  • Paternity and Adoption Leave Regulations 2002, as amended
  • Shared Parental Leave Regulations 2014
  • Parental Bereavement Leave and Pay Act 2018
  • Carer’s Leave Act 2023 and Carer’s Leave Regulations 2024
  • Neonatal Care (Leave and Pay) Act 2023 and associated regulations
  • Employment Relations (Flexible Working) Act 2023 and Flexible Working Regulations
  • ACAS statutory Codes of Practice, including disciplinary, grievance and flexible working
  • NJC National Agreement on Pay and Conditions of Service, where adopted by the Council
  • Council’s adopted Standing Orders, Financial Regulations, Scheme of Delegation, Code of Conduct and employment policies
  • Relevant case law and NALC/SLCC guidance as applicable

 

Authority and Delegation

The Committee has delegated authority to make decisions within its approved Terms of Reference, adopted budget, Standing Orders, Financial Regulations, and the Council’s Scheme of Delegation.

 

The Committee may authorise expenditure within its delegated budget, provided that such expenditure is within previously approved limits and does not commit the Council to future or unconfirmed budgets.

The following matters must be referred to Full Council or the relevant committee:

  • Any matter outside the Committee’s approved Terms of Reference or delegated authority.
  • Any matter requiring expenditure outside the Committee’s approved budget or above authorised limits.
  • Any proposal that would commit the Council to ongoing, future, or unbudgeted expenditure.
  • Any senior officer appointment where Full Council approval is required.
  • Any proposed amendment to Standing Orders, Financial Regulations, the Scheme of Delegation, or Council employment policies.
  • Any matter reserved to Full Council by law, Standing Orders, Financial Regulations, the Scheme of Delegation, or a previous resolution of the Council.

 

Terms of Reference including delegated duties and responsibilities:

 

Personnel & Staffing

  • To oversee the Council’s role as employer.
  • To appoint, from its membership, recruitment panels when necessary and in accordance with the Council’s Recruitment Policy.
  • To work with the Clerk/RFO on recruitment processes for senior officer appointments and make recommendations to Full Council where required.
  • To appoint, from its membership, hearing and appeal panels when necessary, ensuring that members have not had prior involvement in the matter.
  • To assist the Clerk/RFO in any process relating to dismissal, redundancy, capability, grievance or disciplinary matters, where required by Council policy.
  • To manage employment matters relating directly to the Clerk/RFO in accordance with Council policy and, where appropriate, with external HR advice.
  • To review staffing structures and levels biennially, or following any significant organisational change, and make recommendations to Full Council.
  • To review contracts of employment, job descriptions and person specifications biennially, or following any significant organisational change.
  • To review staff pay, grading and job evaluation arrangements in accordance with the Council’s Pay Policy.
  • To review staff pension arrangements biennially, or sooner where legislative or scheme changes require.
  • To regularly review staffing policies and procedures to ensure they remain current, lawful and consistent with best practice.
  • To support the Clerk/RFO in managing long-term sickness, welfare concerns and incidents at work in line with Council policies.
  • To ensure that the Clerk/RFO has the necessary tools, training and support to manage staff effectively.
  • To identify appropriate sources of expert employment, occupational health, legal or HR advice and ensure that such advice is used when appropriate.

Strategy & Governance

  • To undertake training appropriate to the Committee’s HR responsibilities.
  • To consider and submit to the Finance & Policy Committee annual budget estimates for staffing, training, occupational health, HR advice, recruitment and employment-related expenditure.
  • To consider recommendations from any sub-committees, panels or advisory groups operating under the authority of the HR Committee.
  • To consider such matters as may be delegated by Full Council from time to time.
  • To review the Committee’s Terms of Reference annually and make recommendations to Full Council.
  • To review employment-related objectives within the Council’s Strategic Plan annually and provide an update to Full Council.
  • To monitor changes in employment legislation, NJC terms, NALC/SLCC guidance and ACAS Codes of Practice, and recommend policy amendments where required.

Performance. Appraisal and Development

  • To ensure that all staff, including the Clerk/RFO, receive an annual appraisal and regular one-to-one meetings in accordance with the Council’s Appraisal Policy.
  • To ensure that the Chairman and Vice-Chairman of the HR Committee undertake the Clerk/RFO’s appraisal and one-to-one meetings, subject to appropriate training.
  • To receive recommendations arising from appraisals, including training, development and pay progression matters, in accordance with Council policy.
  • To approve training and development requests within the agreed training budget and delegated authority.
  • To promote staff wellbeing, development and retention.

Complaints, Grievance, Disciplinary & Capability

  • To deal with staff disciplinary, grievance, dignity at work, capability and appeal matters in accordance with the Council’s adopted policies.
  • To ensure that investigation, hearing and appeal roles are kept separate.
  • To appoint an appropriate Investigating Officer where required. This may be the Clerk/RFO, another officer, a councillor, or an external adviser, depending on the nature of the matter and any conflicts of interest.
  • To appoint hearing and appeal panels when required, ensuring that no member has had prior involvement in the matter.
  • To ensure that employees are informed of their statutory and policy rights, including the right to be accompanied where applicable.
  • For allegations of misconduct relating to the Clerk/RFO, to appoint an appropriate Investigating Officer, which may be an external adviser.
  • For grievances relating to or raised by the Clerk/RFO, to ensure that the Council’s Grievance Policy is followed and external HR advice is obtained where appropriate.
  • To make decisions or recommendations on sanctions, dismissal or appeal outcomes in accordance with the Council’s adopted policies and delegated authority.

Health & Safety and Compliance

  • To oversee employment-related health, safety and welfare matters, including staff wellbeing, lone working, stress management, sickness absence and occupational health.
  • To receive reports and recommendations from the Council’s competent health and safety person where they relate to staff matters.
  • To ensure that required employment-related health and safety actions are progressed by the Clerk/RFO or relevant officer within agreed authority and budget.
  • To consider and recommend policy or procedural changes required to comply with employment law, health and safety law, NJC terms and conditions, and best practice guidance from NALC, SLCC, ACAS and other relevant bodies.
  • To ensure that councillors involved in staffing matters understand their confidentiality, equality, dignity at work and data protection

 

Note: Any resolution made outside these Terms of Reference may be considered ultra vires and open to challenge in a Court of Law.