These terms of reference are to be read alongsideArticle 8 of Part 1 and the Employment Procedure Rules in Part 4 of this Constitution.
1.1 The Employment Committee is responsible for discharging or delegating all staffing matters relating to West Surrey Council during the Shadow Period, including the formulation of employment policies, terms and conditions, and workforce planning.
2.1 The Employment Committee is responsible for:
a.
formulating and recommending to
the Shadow Authority approving policies, terms, and
conditions of employment for the employees of West SurreyCouncil,
for adoption before vesting day;
b. overseeing the development of a workforce strategy for West Surrey Council and ensuring that it is alignedwith the Implementation Plan;
c. preparation of the annualPay Policy statement to be agreedby the Shadow Authority.
d. overseeing the process of recruitment of the permanent senior workforce of West Surrey Council during the shadow period;
e. formulating policies for the management of the transfer of staff from Surrey County Council and the West Surrey councils to West Surrey Council on and from Vesting Day, having regardto the requirements of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and all other applicable legislation;
f. with regard to the Head of Paid Service,
i. setting the performance objectives,
ii. commissioning and undertaking an annual performance review process, and
iii. determining the remuneration,
g. monitoring the equalities implications of workforce decisions during the Shadow Period; and
h. such other staffing functions relating to West Surrey Council as the Shadow Authority may delegate to it.
2.2 The Employment Committee has no role in relation to the employeesof Surrey County Council or the West Surrey councils, except in respect of employees seconded or otherwise engagedto support the work of the ShadowAuthority.
3.1 The Employment Committee consists of 15 councillors. The membership of the Employment Committee must include two members of the Shadow Executive.
3.2 Membership will reflect the political composition of the Shadow Authority in accordance with sections 15to 17 of the Local Government and Housing Act 1989.
3.3 The Chair and Vice Chair will be electedand appointed, as appropriate, by the
Committee at its first meeting.
3.4 Quorum:5 councillors.
4.0 Senior Officer Employment Sub Committee
4.1 The Employment Committee establishes a Senior Officer Employment Sub-Committee.
Functions
4.2 The SeniorOfficer Employment Sub Committee is responsible for:
i. undertaking the selection processfor, and recommending to the Shadow Authority the appointment of, the permanent Head of Paid Service, Monitoring Officer, and Chief Finance Officer of West Surrey Council in accordance with article 33(2) of the 2026 Order and the Employment Procedure Rules which can be found in Part 4-4 of the Constitution;
j. undertaking the selection process for such other senior appointments as the Employment Committee may determine; and
k. such other functions in relation to senior employeeappointments as the Employment Committee may delegate to it.
Membership
4.3 The Senior Officer Employment Sub Committee consists
of 7 councillors, appointed from the membership of the Employment
Committee, including the Chair of the Employment Committee. The Sub Committee must include one member of the ShadowExecutive
4.4 Quorum:3 councillors.
5.1 The Employment Committee establishes an Investigating and Disciplinary Sub Committee.
Functions
5.2 The Investigating and Disciplinary Sub-Committee conducts disciplinary proceedings in relation to the Head of Paid Service, Monitoring Officer, and Chief Finance Officer of West Surrey Council in accordance with the Local Authorities (Standing Orders) (England) Regulations 2001 as amended by the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015, and in accordance with the Employment Procedure Rules in Part 4-4 of this Constitution.
Membership
5.3 The Investigating and Disciplinary Sub Committee consists of 5 councillors, appointed from the membership of the Employment Committee. It must include at least one member of the Shadow Executive.
5.4 Quorum:3 councillors.
6.1 The ShadowAuthority establishes an Independent Persons Panel. Role
6.2 The Independent Persons Panel provides the statutory independent element required under the Local Authorities (Standing Orders) (England) Regulations 2001 as amended. Its role is to consider any proposal for dismissal of the Head of Paid Service, Monitoring Officer, or Chief Finance Officer of West Surrey Council arising from the Investigating and Disciplinary Sub-Committee’s recommendation. The Independent Persons Panel will review
the Investigating and Disciplinary Sub Committee’s recommendation and prepare a report for a meetingof the Shadow Authority.
Membership
6.3 The Independent Persons Panel consists of not fewer than 2 persons who are independent within the meaning of the 2001 Regulations as amended. Members of the Panel are not councillors nor employees.
7.1 The Employment Committee establishes an Appeals Sub-Committee. Functions
7.2 The Appeals Sub-Committee hears appeals by the Head of Paid Service, Monitoring Officer, or Chief Finance Officer of West Surrey Council against any disciplinary decision of the Investigating and Disciplinary Sub Committee short of dismissal imposed by the Investigating and Disciplinary Sub Committee and takes a decision either to confirm the action or to imposeno sanction or a lesser sanction.
Membership
7.3 The Appeals Sub-Committee consists of 5 councillors, none of
whom were involvedin the original disciplinary proceedings. A member of theShadow Executive must be a member of the AppealsSub-Committee.