Decision Maker: Alistair Cunningham (Chief Executive Officer - Place), Terence Herbert (Chief Executive)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To approve:
- phase 1 services and posts in which staff will be furloughed and
that evidence shows this meets the criteria for the scheme
- payment at 100% contractual pay for all furloughed staff
- approach to communication and training for staff on
furlough
- approach to allowing staff on furlough to volunteer
- approach to consultation with unions and informing staff of
furlough
This is an unprecedented decision, arising
from the COVID-19 pandemic. Usually decision of this nature would
in other circumstances be taken to Cabinet for informal
consultation. However, to expedite its functions in a timely manner
during the COVID-19 pandemic, this decision is being taken in
accordance with the power referred to in paragraph 1 above. This
decision will be reported to Cabinet as part of the “response
to COVID-19” updates presented at each Cabinet meeting.
The decision has been made to ensure that the Council uses the
Government’s Coronavirus Job Retention Scheme appropriately
and in line with guidance to mitigate the financial impact on
Wiltshire Council of closing or reducing services funded through
income, fee, grants or charges (i.e. not through public monies)
during the COVID-19 pandemic.
I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: Yes
Views of relevant cabinet member(s), committee chairman, area
board(s): NA
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services:
NA
Implication of any council policy, initiative, strategy or
procedure: Yes
Consultation in accordance with requirements and expectations of
consultation with the public: NA
Range of options available: Yes
Staffing, financial and legal implications: Yes
Risk assessment: Yes
Involvement of statutory officers and/or directors: Yes
Regional or national guidance from other bodies: Yes
The council’s constitution: Yes
This contract is suitable for execution under the e-signature
process: NA
Not making use of the CJRS was considered
– however the closure of income funded services has had a
significant financial impact on the Council, and it is vital to
mitigate this wherever possible through all available scheme and
grants.
The Council considered reducing the pay of those staff furloughed
to 80% but due to the fact that only staff in specific income
funded services can be furloughed through the CJRS, despite staff
across the council being unable to undertake work, the view was
that the Council should treat staff equally and consistently and
pay 100% of contracted pay to any staff unable to work due to the
COVID-19 pandemic.
Making wider use of the scheme was considered, i.e. furloughing of
staff in a wider range of services who were unable to work due to
shielding or requirement to self-isolate. Following a number of
attempts to get clarity and guidance on the scheme the council took
the approach to only furlough staff in those services where it
could be clearly evidenced that they met the criteria provided on
behalf of MHCLG in an email from Victoria Bendle dated 27 April
2020.
Conflict of Interest: Not applicable
Background: Pursuant to paragraph 4 of Part 3 Section D, the Directors of Wiltshire Council are empowered to take all necessary decisions in cases of emergency. This decision is being taken by Terence Herbert and Alistair Cunningham (Chief Executive Officers) using these powers in circumstances where the Director(s) concerned believe that there is a risk of damage to property, a threat to the health or wellbeing of an individual and/or that the interests of the Council may be compromised if this decision is not otherwise taken. The decision paper (attached) outlines that the Council reviewed all available scheme guidance and took legal advice in relation to all aspects of furlough, including our approach to communications, training and approach to volunteering for staff on furlough. Following this decision, the approach to furloughing of staff together with the communication and confirmation of this to employees will be agreed with the recognised unions at a meeting on 7 May 2020. Th
Contact: Alistair Cunningham OBE, Chief Executive Officer - Place Tel: 01225 713203, Terence Herbert, Chief Executive (ERO/RO/Head of Paid Service) Email: terence.herbert@wiltshire.gov.uk Tel: 01225 713790.
Publication date: 28/07/2020
Date of decision: 05/05/2020
Accompanying Documents: