Friday, February 18, 2005

Trouble at Mill...Wakefield Council acting illegally?

There is a problem here in the fact that Wakefield Council are appearing to underwrite the contracts of employment for the Yorkshire and Humber Assembly. Trouble is that the YHA has no legal personality. Trouble is that there appears to be no certificated registration as an employer. Trouble is that Wakefield Council is breaching the Local Government Act if it is underwriting the liabilities of a body which may not be acting in the interest of the local authority.
Trouble is that it takes a lot of hard work to bring this to the attention of the relevant bodies as they will not go exposing it themselves.
Needs people like Josephine to bring it to their attention. Anyone else can take up the initiative.

Copies to
-Ian Scotter - Regional Assemblies ODPM
-Bernard Jenkins MP
-Andy Mclean/Mark Lingard - The Wakefield Express
-William Green - The Yorkshire Post
-Niel Herron - The NO Campaign
-Austin Mitchell MP
-Shona McIsaac MP
-David Hincliffe MP
-Yvette Cooper MP
-John Trickett MP
-North East Lincs Council

Dear Sir,
I require answers to the following questions before taking this matter further with the District Auditor and the Standards Board of England andWales and I am sure that you will be fully co-operative and give responseswithin the timescale set out in your Code of Practice in dealing with queries and complaints from members of the public.
  1. Are the employment contracts for the employees of the Yorkshire & HumberRegional Assembly held by the Wakefield Metropolitan District Council? If this is correct, under the Freedom of Information Act 2000 can you please provide me with a copy of the minutes of where this was actually decided, by whom, and a copy of a contract?
  2. Are these contracts underwritten by the Local Authority members of theYorkshire & Humber Assembly, or solely by Wakefield Council? Again, once clarified, I would like to have copies of this information.
  3. Are any redundancy payments due to any employee of the YHA, underwrittenby the Local Authorities, or solely by Wakefield Council?
  4. Are any of the pension fund obligations of the employees of the YHAunderwritten by the Local Authorities or solely by Wakefield Council?
  5. Can you please direct me to the relevant section in either the LocalGovernment Act 1972 or 2000 where it states that the contractual employment/pension arrangements of a voluntary outside body, are the responsibility of the Council tax payers of the Local Authority membership of that voluntary outside body?
  6. Can you please advise as to which body is registered as the employer under Section 122 of the Trade Union and Labour Relations (ConsolidationAct)?

Kind regards

Josephine White

2 comments:

Anonymous said...

Much the same line as we are taking in the South West. The Certification officer is taking a real interest in the goings on of our RA in submitting Annual reports and accounts as a non-registered body masquerading as one of its registered sister organisations. www.certofficer.org is a rich source of question material to irritate RAs.

Anonymous said...

Jo,
Are you aware of The Local Government Pension Scheme Regulations 1995?
This indicates the general eligibility of employees of LGPS employers. I'll post relevant parts if required.
One thing that must be determined is if RAs are established by statute. Does the Regional Development Agencies Act 1998 qualify them? If not, then Wakefield are in trouble.

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