Agenda item

As part of the rolling review of the Constitution, we need to consider whether the Employees Code of Conduct needs any amendments to keep it up to date.

RESOLVED:

That the proposed amendments as detailed above to the Employees Code of Conduct be approved.

The Monitoring Officer presented a report on the Rolling Review of the Employees Code of Conduct.  He advised that as part of the rolling review of the Constitution, the Committee had to consider whether the Employees Code of Conduct needed amendment to keep it up to date.  The Monitoring Officer explained that at the meeting held in January the Committee had made some minor suggested amendments to the Employee’s Code.  The Committee had also wanted to understand how other Councils sought to balance an employee’s right to freedom of expression with the reasonable expectation that the employee would not unjustly criticise the employer in public in a way that eroded the necessary relationship of trust and confidence.  Options on how this might be achieved were set out in the report.

The Committee supported the example of the relevant provision in Wrexham County Borough Council’s social media policy which was set out in section 1.04 of the report. 

Referring to section 1.04 and the paragraph: “The consequences of not adhering to this guidance and of bringing the Council into disrepute through your use of social media could result in disciplinary or other appropriate action in line with Council policies and could lead to dismissal”, Gill Murgatroyd suggested that the wording be amended to read: “The consequences of not adhering to this guidance and of bringing the Council into disrepute through your use of social media could result in disciplinary proceedings in line with Council policies and could lead to dismissal”.  She also suggested that more clarification was required around the wording “in line with Council policies” and proposed that the sentence be further amended to read: “The consequences of not adhering to this guidance and of bringing the Council into disrepute through your use of social media could result in disciplinary proceedings which may lead to dismissal”.  This was agreed by the Committee.

The Monitoring Officer responded to the concerns and points raised by Ian Papworth concerning provision to address the matter of whistleblowing and the issue of conflict of wording between different policies.  During discussion the Monitoring Officer suggested that the wording be amended to make clear that the prohibition on criticism was not intended to prevent employees making a protected disclosure.

Councillor Andrew Parkhurst referred to section 1.04 of the report and questioned  the use of the recommendation: “Don’t identify yourself as a Council employee within a social network” regarding the implications for an employee standing for election to Flintshire County Council.  Councillor Parkhurst also referred to section 15.2 in the draft which was appended to the report and suggested that the sentence “This is not intended to preclude Trade Unions from pursuing their legitimate industrial relations activities” should be included. In his response the Monitoring Officer referred to sections 15.1 and 15.2 in the proposed amendments to the Employees Code of Conduct which was appended to the report and said the wording in both these sections would be applicable in conjunction with the wording used by Wrexham County Borough Council. 

Councillor Parkhurst suggested that the wording in the example from Wrexham County Borough Council with reference to social media could be broadened to include media other than social media. 

David Davies referred to the sentence in section 1.04 which read: “You should not say anything about colleagues, your managers, or your workplace which is defamatory, untrue or offensive” and suggested that the words ‘Elected Members’ be included prior to the word ‘colleagues’.  This was agreed by the Committee.

Gill Murgatroyd referred to page 17 of the report, section 2.2, and suggested that the last sentence should be amended to read: “Any employee who fails to observe Financial Procedure Rules may be subject to disciplinary proceedings”. This was agreed by the Committee.

The Chair referred to page 24 of the report, section 9.4, and commenting on the current £10 limit set for the offer of hospitality suggested that it be increased to £25 to reflect the rise in costs and this was agreed by the Committee

The proposed amendments as detailed above to the Employees Code of Conduct to manage unjust public criticism by employees were moved by Ian Papworth and seconded by Jacqueline Guest.  When put to the vote this was carried.

RESOLVED:

That the proposed amendments as detailed above to the Employees Code of Conduct be approved.