Hadleigh town council is being investigated by the external auditor following objections lodged by members of the public last July, it can now be revealed.

Among several serious issues raised was a payment made by the council to the clerk in lieu of untaken statutory annual leave.

It is alleged that this payment did not comply with UK Working Time Regulations*, but it would appear that the process by which it came to happen, is also questioned by the objector.

Hadleigh town council payments under scrutiny

The objections raised were discussed at Full Council meetings earlier this year after the External Auditor asked HTC to agree a response.

The payment was recommended by HTC's staffing subcommittee (SSC) following a meeting some time in early 2023 towards the end of the clerk's leave year.

Concerns that the clerk had not taken her statutory leave, that the leave situation was being mismanaged and that the payment was not appropriate were apparently raised at the Full Council meeting which heard the staffing subcommittee's recommendation.

It seems that the payment was approved, by a majority vote, though councillors present were not told the full amount nor the budget from which it would be paid. 

Following the meeting, it would appear, that councillors continued to express concerns regarding the payment, forwarding on line legal advice and a gov.uk page on statutory annual leave entitlement. It was, apparently, only when the SSC were asked whether they had sought advice from the council's HR consultant, that the SSC decide to go ahead and try to obtain reassurance retrospectively. 

Hadleigh Nub News has been told that the task of obtaining these assurances from the HR consultant, was passed to the clerk to do herself.

Even though she was required to leave the room when the issue was discussed by Full Council because of her obvious interest in the outcome. It is alleged that the clerk told the HR consultant that it had been 'impossible' to take her full leave entitlement and on that basis the HR consultant advised HTC not to do it again.

However the claim that it was 'impossible' to take her statutory leave is refuted by people close to the events at the time. It is alleged that the clerk was never refused a leave request by Full Council, nor did they refuse to allow cover for the clerk while she was away. The clerk's own email to councillors attempting to rearrange a meeting to accommodate a booked and postponed holiday, appears to corroborate that it was not 'impossible'. 

The Projects Officer who had been in post during the same leave year was required, in her job description, to cover for the clerk in her absence, apparently contradicting an assertion made by the deputy mayor (who was also a member of the staffing subcommittee) that the clerk must attend all meetings. 

It is expected that the investigation into these and other objections raised regarding HTC will conclude in the coming weeks.

Hadleigh town council's Cllrs Gordon McLeod, Bill Wilson and clerk have been approached for comment.

*The Working Time Regulations 1998 can be seen here:

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

See section 13 (9) (14) - (18)

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

(a) subject to the exceptions in paragraphs (14), (15) and (17) it may only be taken in the leave year in respect of which it is due, and

(b) it may not be replaced by a payment in lieu except where the worker's employment is terminated.

(14) Where, as a result of taking a period of statutory leave in any leave year, a worker is unable to take some or all of the annual leave to which the worker is entitled in that leave year under this regulation, the worker is entitled to carry forward such untaken leave into the following leave year.

(15) Where, as a result of taking a period of sick leave in any leave year, a worker is unable to take some or all of the annual leave to which the worker is entitled in that leave year under this regulation, the worker is entitled to carry forward such untaken leave into the following leave year provided it is taken by the end of the period of 18 months from the end of the leave year in which the entitlement originally arose.

(16) Paragraph (17) applies where, in any leave year, an employer fails to—

(a) recognise a worker's right to annual leave under this regulation or to payment for that leave in accordance with regulation 16;

(b) give the worker a reasonable opportunity to take the leave to which the worker is entitled under this regulation or encourage them to do so; or

(c) inform the worker that any leave not taken by the end of the leave year, which cannot be carried forward, will be lost.

(17) Where this paragraph applies and subject to paragraph (18), the worker is entitled to carry forward any leave to which the worker is entitled under this regulation which is untaken in that leave year or has been taken but not paid in accordance with regulation 16. 

(18) Annual leave that has been carried forward pursuant to paragraph (17) cannot be carried forward beyond the end of the first full leave year in which paragraph (17) does not apply.