Decision details

Purpose of Report: To agree the transfer of 7 CYC staff to City of York Trading Ltd (CYT).  The Council has fulfilled its obligations under TUPE legislation and an pensions admissions agreement will be put in place to ensure that staff can continue to access the Local Government Pension Scheme.

Executive Member is asked to: agree the transfer and note the obligations for CYC under the terms of the admissions agreement.

The Council aims to give the same 28 days clear notice of non key decisions as it does for key decisions, but in exceptional circumstances this may not be possible.  In this case, the item will not have been on the forward plan for 28 days before the decision is taken.  Officers have advised that it is important that the report be considered at the earliest opportunity as the legal agreement (Pensions Admissions Agreement) has now been agreed in principal, subject to a final agreement on the staff transfer being made, by all parties (CYC, NYCC and CYT) and any significant delay to the transfer decision being considered could lead to a need to redraft the legal agreement and incur additional cost to all parties.

The issue of the staff transfer was discussed at the Shareholder committee on the 20 March, however this paper would formalise the decision making relating to the transfer.

Resolved: That option 1 be agreed, to transfer City of York Council staff to City of York Trading Ltd (CYT) with a proposed transfer date of 1st June 2017 and that the Director of Corporate and Customer Services be authorised to take all steps required, including the entering of relevant agreements, to achieve that transfer.

Reason: To support CYT to deliver their business objectives and grow the business.