Hadleigh Nub News has spoken to some residents of Hadleigh following the letter featured in Nub News on Friday.

(full letter here).

The letter alleged that a payment had been made to the clerk, that did not comply with employment law.

One resident confirmed that they had raised several objections to the council's accounts with the External Auditor during the 'public rights' period, along with other members of the public. The town council will be aware of these as their objections were copied to the clerk.

While the objector confirmed that they had raised serious issues and that some were regarding the staffing subcommittee, they said that they would not give more details.

From concerns raised by the letter to Nub News it is understood that the staffing subcommittee recommended to the council that the clerk be paid for untaken leave at the end of the leave year in March. This is called pay in lieu of leave. Nub News understands that such a payment can only be paid on termination of contract, or if the employee has not been able to take the leave in extreme circumstances.

Objections to Hadleigh Town Council's accounts can be made during the public rights period which ends on 3rd August. 

Nub News understands that the objector had previously raised the same issues with councillors formally asking that they look again at their decisions in the light of legislation. They had also spoken at length with the Babergh District Monitoring Officer, who reportedly suggested that the only avenue left open to them was to write to the External Auditor.

Councillors have stayed tight-lipped on the issue, which may involve more than £1,000 of Hadleigh tax-payers' money. 

The council lost its General Power of Competence at the last election as not enough councillors were duly elected, and almost two thirds were co-opted (invited by other councillors), and the clerk has not passed the basic CiLCA qualification (which was a condition of the job offer more than two years ago). 

Brame and McLeod conversing at last term's Hadleigh council (Picture: Nub News)

Nub News understands that it was after the staffing subcommittee recommended the payment that questions were raised about its appropriateness.

The Government website says: 

'Getting paid instead of taking holidays: The only time someone can get paid in place of taking statutory leave (known as 'payment in lieu') is when they leave their job. Employers must pay for untaken statutory leave, even if the worker is dismissed for gross misconduct.'

https://www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job

And from the legislation:

'(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but—

• it may only be taken in the leave year in respect of which it is due, and 
• it may not be replaced by a payment in lieu except where the worker's employment is terminated.' 

https://www.legislation.gov.uk/uksi/1998/1833/regulation/13/made

The External Auditor is PKF Littlejohn who will now move through several steps in the investigation of whether the objections are eligible and serious enough to require action.

The Working Time Regulations 1998 appear to confirm the concerns raised in the letter, that the council has failed to comply with employment law. But the matter of the clerk conducting the discussions with the legal advisor on her own behalf may add a more serious dimension.

On listening to the recording of the full council meeting of April 19th 2023, a member of the public, two councillors and the clerk can be heard discussing the matter, which seems to confirm that a payment had been considered in confidential session the previous month, and the clerk can be heard confirming that it had been paid. Efforts by a councillor to have the payment itemised separately, and the budget from which it was to be paid identified, were swept aside and the council voted by a majority to accept the accounts for payment.