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Posted By Stephen Rowell
Can anybody tell me who has responsibility for the Health and Safety of Local Councillors. The main parties deny responsibility as they do not employ these people, they are elected, but a local council does not employ them either. One train of thought suggested to me was that Councillors are employers, not employees, as they effectively run the Local Councils. Any thoughts on who has the legal, and moral, duty for the health and safety of councillors would be appreciated.
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Posted By John Middleton
As a former Councillor from many years ago, I remember that my expenses and allowances, (average about £15 per week) were paid through the council payroll with tax deducted at source, for which I had an employee payroll number. I also recieved a P60 at the end of each year informing me of my 'earnings'.
As far as duties go, a councillor is answerable to the public not the party (defections happen and some are independents). I was told by the Town Clerk and CE on swearing the oath, that I was effectively acting as a board member of the Council, deciding where resources shoud be allocated. I think this makes a case for Councillors to be treated as employees.
However, if there is some legal reason why they cannot be viewed as employees, then there is a strong case for the council to hold s3 duties for non-employees.
I believe the council should accept their H&S responsibilities for these few individuals.
John
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Posted By anon1234
my gut feel is that the council should treat them as if they were employees
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Posted By Jim Walker
Off topic ever so slightly.
Maybe they ought to have a look at the moral &cost implications of NOT accepting responsibility which are well illustrated in the recent Barrow in Furness BC/ Beckenham/ legionella fiasco
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Posted By Alan Hoskins
Councillors have always been a strange breed...
They could be Directors in some circumstances.
Definitely visitors.
Unlikely to be employees, but see below. Some of their expenses make my salary look like pennies!
Councils only act as Corporate Bodies. Individual councillors have no powers (except perhaps as above when certain Members may have delegated powers and be 'Directors' in terms of budgets, etc.).
But! - if volunteers are to be treated as employees, perhaps councillors should be also?
A minefield really.
Best wishes Stephen.
Alan
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Posted By Tony Brunskill
As with the Princes Trust, although they may not be employees they are likely to afforded protection in Law if they are reimbursed for out of pocket expenses, food and accommodation. Section 3 HWSA would apply.
Regards
Tony
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Posted By Salus
looking at it from another stance, if they meet or are told to go to a building to carry out their functions then the owner, person or the company who has control of the building will have a duty of care towards them.
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Posted By Stephen Rowell
Many thanks for all your views, although some of the comments seem to indicate the council is trying to avoid its responsibilities, which is not the case. We are simply trying to determine what our responsibilities are so we can fulfil them properly. Section 3 seems to be a popular choice but I think this is really aimed at members of the public, visitors, and those affected by the activities of the council, and if councillors are a part of that activity, does section 3 still apply, or should they be treated as an employee, employer, or maybe a contractor. Any more views would be very welcome.
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