Employment of local authority officers
Produced in partnership with Philip McCourt
Employment of local authority officers

The following Local Government practice note Produced in partnership with Philip McCourt provides comprehensive and up to date legal information covering:

  • Employment of local authority officers
  • The appointment of officers
  • Statutory chief officers, chief officers, deputy chief officers and other officers
  • Who makes the decision?
  • Role of members
  • Involvement of leader or elected mayor and cabinet under executive arrangements
  • The particular role and involvement of the chief executive (head of paid service)

Discussion of employment issues in local government fall into three areas:

  1. normal employment law issues, such as those concerning discrimination, fair or unfair dismissal (including redundancy), TUPE etc

  2. contractual requirements, which will require consultation with national conditions of service except where local agreements have been made. In this scenario those contractual requirements will fall into one of three categories, being:

    1. Joint Negotiating Committee (JNC) terms for chief executives and chief officers

    2. other managers and staff under the single status (Local government terms and conditions known as green book) conditions; and

    3. occupation specific conditions of service, such as those for teachers or firefighters

  3. those laws that are specific to local authorities, concerning the appointment of staff and those more generally concerning decision-making as a local authority that impact on those decisions. These are contained in several sources but principally as part of mandatory standing orders, commonly referred to as an authorities’ employment procedure rules

This Practice Note provides a summary of the last of these areas: the local government legal peculiarities involved in the appointment or dismissal of officers, and any particular legal points or elements of the conditions of service that are relevant to that.

The appointment of officers

The council is empowered to appoint such officers as it thinks necessary for the proper discharge by the authority of their or another authority’s functions as falls or

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