Issue details
Staff Transfer to City of York Trading Ltd
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.
Decision type: Non-key
Decision status: Decision Made
Wards affected: (All Wards);
Notice of proposed decision first published: 02/05/2017
Decision due: 15/05/17 by Executive Leader (incorporating Finance & Performance)
Lead member: Executive Leader (incorporating Finance & Performance)
Lead director: Corporate Director of Customer and Corporate Services
Department: Directorate of Customer and Corporate Services
Contact: Mark Bennett 01904 554518 Email: mark.bennett@york.gov.uk.
Consultation process
On the 20 May 2016, the Board of City of York Trading Ltd (CYT)
wrote to CYC to request that we commence discussions regarding the
TUPE transfer of those employees into CYT. The make up of the CYT
board changed, the dialogue re-commenced in January 2017, following
the appointment of a new Managing Director for CYT.
Formal consultation commenced with the staff and Trade Unions on
the 17 February 2017. We have shared all of the relevant due
diligence information required under TUPE and have completed an
application for an admissions agreement to remain in the North
Yorkshire Pension Scheme.
The Shareholder committee was informed of the proposed transfer at
the meeting on 20 March 2017.
Decisions
- 15/05/2017 - Staff transfer to City of York Trading Ltd
Agenda items
- 15/05/2017 - Decision Session - Executive Member for Finance and Major Projects Staff transfer to City of York Trading Ltd 15/05/2017