WLGA warns of legal action as senior officer pay controls loom

The Welsh Local Government Association has warned of possible legal action over a move to introduce independent controls for setting remuneration levels for senior local government officials.

The warning followed the tabling of an amendment to the Local Democracy Bill, which is intended to make authorities more efficient. Opposition parties at the Welsh Assembly had threatened to vote against the Bill unless the amendment was included. 



A WLGA spokesperson said: “The setting of senior officer pay within local government is based on transparent and open processes, and on agreed common criteria. Whilst we acknowledge that a recent case does not seem to have fully conformed to established practice, this has been the subject of a full Welsh Audit Office Report and is being resolved as a result.

“We would therefore expect any future legislation in this area to be based on a detailed and evidenced policy base, a clear understanding of the legal complexities involved and, more importantly, an understanding that actions taken in this area not only affect chief executives but could have impacts on all council employees in Wales.”

The spokesperson questioned why local government was being “singled out”, compared to senior civil servants in the Welsh Government, university vice chancellors, chief executives of assembly sponsored public bodies, and other senior public sector employees.

They added: “Senior managers in local government are subject to national terms and conditions set across England and Wales by two Joint Negotiating Committees covering 407 chief executives and 7,187 senior managers. All these officers have been subject to a five-year pay freeze and are legally governed by a pay setting framework determined locally by democratically elected councillors.”

The WLGA spokesperson warned that any attempt to change this framework could lead to equal pay issues, employment tribunals and could be expected to "have many legal ramifications”.

They said: “In the last analysis the legality of this proposal could be subject to judicial challenge and we would expect local government to be fully consulted and involved in any proposals which may impact on remuneration in the sector. The main question must be, has the National Assembly fully considered the wider implications of this proposal in terms of equal pay and the potential ramifications it might have on all council employees in Wales?”