disruptive to other members of staff

Morning Eric

Thank you for your request for information under the Freedom of Information Act. It has now been logged on our tracking system and passed to the FOI officer for attention.

Should you have any further queries regarding this matter, please do nor hesitate to contact HDL again in the future.

Regards

Halton Direct Link

Dear Sir or Madam,

RE: Your disclosure of the Reed Managed Services Contract
http://www.whatdotheyknow.com/request/co...

Further to your disclosure of the above contract.

Can you please provide an electronic copy of any information that
explains how the following formulation of words:

"is found to be disruptive to other members of staff"

contained in this Contract and more fully quoted below.

"If, for any reason, Temporary Workers supplied via the Managing
Agent, are found by the Council, to be unsuitable or incapable of
carrying out the work required, or, is found to be disruptive to
other members of staff, the Managing Agent will be notified to
terminate the placement with immediate effect and supply a suitable
replacement within 24 hours or at a time agreed with the
Originating Officer."

is:

1) Compatible with your own Equal Opportunities policies

2) Compatible with the Equal Opportunity policies set out between
yourselves and Reed Managed Services Contract

and what criteria do such 'Temporary Workers' have to meet to be
defined as: "disruptive to other members of staff"

Please provide any information held by yourselves that explains, in
the context of this Contract, what is meant by the word:

"disruptive"

under employment laws and good practice and how the statutory
requirement that a Temporary Worker not be treated less favourably
than any other worker, such as permanent staff, on
anti-discrimination grounds such as age, religion, race, sex, being
a carer etc can achieved should a Permanent employee versus a
Temporary Worker be considered "disruptive".

Please provide a copy of your policies that cover the issues of
Permanent employees being considered "disruptive" to other members
of staff.

Please advise how I may raise a Complaint with yourselves over the
opinion I have that the above formulation of words is incompatible
with various Equality and Human Rights legislation, as mentioned
on: http://www.equalityhumanrights.com

Yours faithfully,

E Blair

Sent By UserID: 143

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Dear Mr Blair

I regret the delay in replying to your request for information.

In answer to your questions:-

1. In relation to how the extracts you have quoted from the contract are
1) Compatible with your own Equal Opportunities policies and 2)
Compatible with the Equal Opportunity policies set out between yourselves
and Reed Managed Services Contract:-

There is no inconsistency. Decisions would be taken against the context of
the Council's legal duties as at the point at which a decision needs to be
taken and having regard to the facts of the particular case.

2. and what criteria do such "Temporary Workers" have to meet to be
defined as: "disruptive to other members of staff"

If a worker is behaving in a way that is disruptive having regard to the
council's duties to secure economy, efficiency and effectiveness in its
delivery of services then the Council will take such action within the law
as may be necessary to secure an improvement in the situation.

3. More generally

If the temporary workers are employees then the matter would be looked at
in relation to the Council's HR policies (which include policies
addressing discipline, capability and dignity in the workplace).

If the temporary workers are not employees but are retained through an
agency then the matter would where practicable be addressed through
workplace contact with the worker and through the agency under whose
contract the worker had a placement with the council - considering the
fairest and most effective way to resolve any dissatisfaction that may
have arisen.

If the worker was not an agency worker but was retained under some form of
contract for services direct with the Council then the matter would where
practicable be addressed through workplace contact and through examination
of the contract with the worker - considering the fairest and most
effective way to resolve any dissatisfaction that may have arisen.

Amongst the matters taken into the reckoning would be the range of duties
and powers applying to the Council and those duties would include the full
spectrum of the Council's responsibilities under Equality and other
legislation.

I am confident that the Council would achieve legal compliance in making a
judgement on the range of options available should a worker be found to be
disruptive.

There are no Council policies as such in relation to the word disruptive.
As indicated above the matter would be looked at in relation to the facts
of each individual case as at the time the cause for concern arose and
having regard to the full ambit of the Council's legal duties at that
time.

As to the word disruptive the extension to which the acts or omissions of
an individual worker were regarded as disruptive would relate to the
damage done to the delivery of the council's functions and the practical
effect of the range of duties falling to the council at the time when the
issue arose.

So far as employees are concerned whether they are temporary or permanent
they will have a job description and particulars of employment.
Independently of that the employment relationship is underpinned with a
range of implied duties of trust and confidence. The Council would not
unlawfully apply differential treatment to employees on the grounds of the
temporary or permanent nature of their employment. From that point of view
in the event of disruption caused by either misconduct or lack of
capability or some other substantial reason the council would apply its
own employment policies and work within the legal backdrop applicable at
the relevant time.

Beyond this you may well want to take your own independent legal advice.

Yours sincerely

Rob Barnett

Rob Barnett

Group Solicitor (Policy and Regeneration)

Legal Services Division

Chief Executive's Directorate

Halton Borough Council

Municipal Building

Kingsway

WIDNES WA8 7QF

direct dial: 0151 471 7632

0303 333 4300 ext 1052

fax: 0151 471 7527

[email address]

www.halton.gov.uk

Supporting the campaign for a New Mersey Crossing

www.merseycrossing.co.uk

Request ID: 674

Enquirer: Mr Eric Blair

Request: Dear Sir or Madam,

RE: Your disclosure of the Reed Managed Services Contract

[1]http://www.whatdotheyknow.com/request/co...

Further to your disclosure of the above contract.

Can you please provide an electronic copy of any information that

explains how the following formulation of words:

"is found to be disruptive to other members of staff"

contained in this Contract and more fully quoted below.

"If, for any reason, Temporary Workers supplied via the Managing

Agent, are found by the Council, to be unsuitable or incapable of

carrying out the work required, or, is found to be disruptive to

other members of staff, the Managing Agent will be notified to

terminate the placement with immediate effect and supply a suitable

replacement within 24 hours or at a time agreed with the

Originating Officer."

is:

1) Compatible with your own Equal Opportunities policies

2) Compatible with the Equal Opportunity policies set out between

yourselves and Reed Managed Services Contract

and what criteria do such "Temporary Workers" have to meet to be

defined as: "disruptive to other members of staff"

Please provide any information held by yourselves that explains, in

the context of this Contract, what is meant by the word:

"disruptive"

under employment laws and good practice and how the statutory

requirement that a Temporary Worker not be treated less favourably

than any other worker, such as permanent staff, on

anti-discrimination grounds such as age, religion, race, sex, being

a carer etc can achieved should a Permanent employee versus a

Temporary Worker be considered "disruptive".

Please provide a copy of your policies that cover the issues of

Permanent employees being considered "disruptive" to other members

of staff.

Please advise how I may raise a Complaint with yourselves over the

opinion I have that the above formulation of words is incompatible

with various Equality and Human Rights legislation, as mentioned

on: [2]http://www.equalityhumanrights.com

Yours faithfully,

E Blair

Important Notice:
This message is intended for the indicated addressees only and may be confidential. If this message has come to you in error you must take no action based on it, nor must you copy or show it to anyone; Please inform us immediately.
** Please note that this message has been created in the knowledge that Internet e-mail is not a 100% secure communication medium. We strongly advise that you bear this in mind and act on it when sending or receiving e-mail.
** This communication does not, unless expressly indicated by the sender in the body of the message, create or modify any contract
** Although this e-mail and its attachments are believed to be clear of any virus, it is the responsibility of the recipient to ensure that the message does not carry any virus.
**Halton Borough Council does not accept liability for any statements made which are clearly the senders own personal views and are not expressly made on behalf of Halton Borough Council.
** The information contained in this email may be subject to public disclosure under the Freedom of Information Act 2000 or other legal duty. Unless the information is legally exempt from disclosure, the confidentiality of this email AND YOUR REPLY cannot be guaranteed.

References

Visible links
1. http://www.whatdotheyknow.com/request/co...
2. http://www.equalityhumanrights.com/