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Are elected officials classified as employees?
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Yossarian  
#1 Posted : 16 September 2013 11:48:32(UTC)
Rank: Super forum user
Yossarian
I am genuinely stumped by this one, does anyone have any case law or other insights to hand?

Specifically, I am trying to work out whether a Council has duties to it's elected members under Section 2 or Section 3. I've taken a look at Section 53, but I'm not sure it clarifies anything.

Regards

Yoss.
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RayRapp  
#2 Posted : 16 September 2013 12:31:04(UTC)
Rank: Super forum user
RayRapp
Yoss

I would have thought it's a given that a LA would have duties pursuant to s3. If the LA renumerate councillors then they may be liable under s2.

Ray
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djupnorth  
#3 Posted : 16 September 2013 13:51:35(UTC)
Rank: Forum user
djupnorth
Yossarian,

Councillors are elected officers of the council. Section 202 of the Representation of the People Act 1983 as amended by section 17 and Schedule 3 of the Greater London Authority Act 1999 may be of assistance.

Regards.

DJ
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jay  
#4 Posted : 16 September 2013 14:03:12(UTC)
Rank: Super forum user
jay
Refer to pages 5 & 6 in the IOSH guidance, "Think about health and safety – what elected members of local authorities need to know". There is no expicit case law, as far as I am aware.

http://www.iosh.co.uk/id...c6e18b740&version=-1
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Ron Hunter  
#5 Posted : 16 September 2013 14:44:02(UTC)
Rank: Super forum user
Ron Hunter
There may not be case law - but there nearly was!
Legionella outbreak at Barrow-in-Furness being a case in point.
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saferay  
#6 Posted : 16 September 2013 15:00:43(UTC)
Rank: Forum user
saferay
The last information I received is that Councillor's salaries are paid by Central Government and thereofre would be classed as their employer. Expenses are paid by Local Government. Section 2 should not therefore apply but Section 3 definitely should.
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Alan Haynes  
#7 Posted : 16 September 2013 15:12:07(UTC)
Rank: Super forum user
Alan Haynes
saferay wrote:
The last information I received is that Councillor's salaries are paid by Central Government and thereofre would be classed as their employer. Expenses are paid by Local Government. Section 2 should not therefore apply but Section 3 definitely should.


Careful!!!

I chair, for my County Council, an independent panel that looks at the levels of Councillors Allowances - they definitely do not get paid salaries
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Yossarian  
#8 Posted : 16 September 2013 15:38:00(UTC)
Rank: Super forum user
Yossarian
Rayrapp wrote:
Yoss

I would have thought it's a given that a LA would have duties pursuant to s3. If the LA renumerate councillors then they may be liable under s2.

Ray


Ray, that's kind of where I was at with the Health & Safety at Work etc. Act 1974 when I first posted, but I was dimly aware that expenses are not salaries as per the comments by Alan. I'll take a look at the Representation of the People Act 1983, to see if it adds further spin on the subject.
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bob youel  
#9 Posted : 17 September 2013 11:05:34(UTC)
Rank: Super forum user
bob youel
Alan may be able to answer this Q? with more authority but as far as I am aware they are not employees -

This is a very complicated law/area and I believe that they still carry some sort of immunity as do MP's 'when in the course of their duties' in certain circumstances which in my eyes leaves lots to be answered as its such types who set budgets that are incorrect in some cases which then go on to create problems thereafter for which there is no recourse - that said talk to more to Alan or a similar person
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colinreeves  
#10 Posted : 17 September 2013 12:56:28(UTC)
Rank: Super forum user
colinreeves
Whilst I note the OP comes Merseyside, responses should be country specific - the law in relation to Councillors responsibilities and liabilities in Scotland is significantly different from Councillors in England (do not know about Wales or NI).
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