a. Employment of Staff

A council is required under s.112, Local Government Act 1972 to appoint officers as considered necessary for the proper discharge of its functions.

S.112 says officers will be appointed on such reasonable terms and conditions, including remuneration, as the council sees fit. Most appointments are based on the NJC National Agreement, its accompanying model contract and pay scales.

The Clerk to the Council should be a paid post, with the Clerk being employed and subject to PAYE and, depending on earnings, pension obligations. They should not be an unpaid 'volunteer' - the nature of the role in the vast majority of councils includes duties and responsibilities beyond the statutory functions of a Proper Officer, and legal advice shows that this points towards the existence of a contract and subject to minimum wage legislation.