Issue details
City of York Trading – Creation of a New Company for the Provision of Agency Workers
Purpose of Report: To consider the establishment of a new Teckal company for the Introduction of Candidates for Direct Engagement and the Provision of Agency Workers to CYC, which would adhere to the Teckal exemption under Reg. 12(1) of the Public Contracts Regulations 2015 (the “New Company”).
The Executive will be asked to:
i) Further to Article 12 of the Council of the City of York’s
Constitution, approve the formation of a new Teckal compliant
company for the provision of agency workers to Council of the City
of York.
ii) Approve the novation of the Council of the City of York’s
current Contract dated 7th September 2023 for the Introduction of
Candidates for Direct Engagement and the Provision of Agency
Workers with the current Teckal company, City of York Trading
Limited, to the New Company.
iii) Approve City of York Trading Limited to make an Inter-Company
Loan to the New Company of up to £500,000 to cover the
initial licensing, the first month payroll and HMRC costs for the
New Company, pending payment of the initial invoice under the
Contract for the Introduction of Candidates for Direct Engagement
and the Provision of Agency Workers by Council.
iv) Delegate authority to the Director of Governance to negotiate,
draft and conclude with City of York Trading Limited all necessary
documentation linked to the formation of the New Company (including
(but not limited to) the New Company’s Articles of
Association, Shareholder’s Agreement, the Novation of the
Contract dated 7th September 2023 for the Introduction of
Candidates for Direct Engagement and the Provision of Agency
Workers between the Council of the City of York and the City of
York Trading Limited to the New Company, and the Inter-Company Loan
between City of York Trading Limited and the New Company.
Please note that further report(s) will be taken to Executive at
the proper time to approve and ratify the Articles of Association,
Members Agreement, Service Contract and any other governance
documents and arrangements in relation to the Newco in accordance
with Art. 12 of the Constitution.
This item has been postponed to the 18 July 2024 due to the pre election period.
Decision type: Key
Decision status: For Determination
Wards affected: (All Wards);
Notice of proposed decision first published: 09/05/2024
Anticipated restriction: Part exempt - View reasons
Explanation of anticipated restriction:
1. Information relating to the financial or business affairs of any particular person (including the authority holding that information).
2. Information relating to any consultations or negotiations or contemplated.
consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.
Decision due: 18/07/24 by Executive
Reason: This item has been postponed to the 18 July 2024 due to the pre election period.
Lead member: Executive Member for Finance, Performance, Major Projects, Human Rights, Equality and Inclusion
Lead director: Chief Operating Officer
Department: Directorate of Corporate
Contact: Helen Whiting, Chief Officer HR and Support Services Email: helen.whiting@york.gov.uk Email: helen.whiting@york.gov.uk.
Consultation process
We continue to work with a range of
stakeholders across the organisation to help refine the Councils
agency offer, this includes Trade Union representatives and
managers.
Consultees:
TU representatives
Managers
Equality Impact Assessment Completed?: No
Documents
- City of York Trading – Creation of a New Company for the Provision of Agency Workers
- 13 June 2024 - Exempt Notice - City of York Trading – Creation of a New Company for the Provision of Agency Workers
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Background papers