Part 3 of 3: The Clerk as Employee & HR Advisor Series

Welcome to the final part of our three-part series on navigating your dual role as both employee and HR advisor. In Part 1, we covered essential HR policies, and in Part 2, we explored effective performance management. Today, we're tackling one of the most challenging aspects of being a clerk: managing your dual role when conflicts arise and handling complex HR scenarios.

This is where the rubber meets the road, and where proper preparation makes all the difference between manageable situations and career-ending stress.

Understanding Your Dual Position

As the proper officer, you're required to provide HR advice to the council while simultaneously being an employee yourself. Most clerks have only basic HR understanding—some have completed CIPD diplomas, but that's exceptional. Yet you're expected to navigate complex employment law while protecting both the council's interests and your own position.

This creates unique challenges that require careful navigation, especially when relationships break down.

The Duty of Care Reality

Councils have a common law duty of care to their employees, including you. This presents interesting possibilities, particularly following the Harvey versus Ledbury case, which said you cannot punish parish or town councillors. However, councils can take action to protect employees.

Protective Measures Councils Can Take

When faced with bullying or harassment of employees, councils can:

• Remove problematic councillors from committees (not as punishment, but for employee protection)
• Restrict access to council offices to protect staff
• Seek injunctions if necessary to prevent attendance (potentially resulting in the six-month absence rule applying)

These measures are challengeable because of the Harvey versus Ledbury case, but the distinction is crucial: you're not punishing the councillor, you're protecting the employee. You are exercising the employers common law duty of care as well as statutory Health and Safety protection from endemic stress. 

When Clerk-Council Conflicts Arise

I've dealt with numerous cases where clerks face workplace bullying and contemplate long-term sick leave. Some councillors, unfortunately, don't want the clerk to return. This toxic dynamic requires careful professional handling.

Your Professional Responsibilities Continue

Even during conflicts, your responsibilities remain professional:

• Conduct risk assessments for the council
• Recommend ameliorative actions such as mediation or external investigations
• Consider professional support for both councillors and you
• Maintain objectivity in your advisory role

The Stress Factor

We've dealt with cases where clerks needed long periods of sickness absence due to stress caused by inadequate systems. In one case, I'm certain the clerk will never work as a clerk again because of the stress encountered during the process. The councillors pointed out it was her mistake for not getting policies in place, making it even more stressful.

The lesson: Secure professional support and advice for councillors and point them toward pre-arranged HR resources. Without this support, situations become more stressful for everyone.

Practical HR Scenarios: Real-World Applications

Managing Pregnancy and Maternity Leave

The Scenario: A bookings clerk announces her pregnancy. As a first-time clerk in your third month, what do you do?

The Approach:

• Don't ask when she plans to return - that's not your decision to influence
• Statutory entitlements apply regardless of your policy gaps
• Plan for temporary coverage through direct recruitment or agency support
• Implement a proper maternity policy as soon as possible

Key Point: She doesn't have to notify you of when she plans to take maternity leave immediately—she has time to do that. But you need systems in place to manage the process properly.

Age-Related Employment Matters

The Scenario: An 83-year-old caretaker showing signs of dementia, or a 90-year-old ceremonial mace bearer.

The Approach:

• No compulsory retirement age exists
• Conduct capability assessments through occupational health
• Perform risk assessments specific to the individual and role
• Consider reasonable adjustments where possible

Real Example: I once had an employee who said she only stayed for the house that came with the job. We found another house for her that she lived in until she passed away. Creative solutions often exist.

Handling Micromanagement

The Scenario: New councillors after elections begin micromanaging your work.

The Approach:

• Arrange training on officer and councillor roles and responsibilities
• Produce regular clerk's reports that address common queries
• Refer micromanaging councillors to appropriate resources
• Show the costs of micromanagement through tribunal examples

Remember: There are tribunal cases pending where clerks are suing individual councillors for constructive dismissal. The Mayor of Chard in 2007 had to pay £33,000 damages from his own pocket in a sexual harassment case.

Small Council Challenges

The Scenario: Your council only has 5-7 members, making it difficult to form separate committees for disciplinary matters.

The Solutions:

• Reciprocal arrangements with other councils to lend councillors
• District council support - some provide councillors for HR panels
• Professional panel arrangements where external councillors make recommendations

Important Note: If you're clerk to multiple councils, avoid using councillors from one council for disciplinary matters at another to prevent conflicts of interest.

Building Resilience Through Proper HR Practices

Employment Rights Bill Implications

The Employment Rights Bill will bring significant changes over the next six years, with most provisions taking effect between 2026-2027. Key changes include:

• Day-one rights (likely 2027)
• Fire and rehire restrictions (2026)
• Enhanced employment protections

Current Action: If you're considering contractual changes that might require employee consent, consider acting now before fire-and-rehire restrictions take effect. However, ensure any decisions are reasonable and seek professional advice.

Maintaining Current Policies

The key is maintaining current, comprehensive policies supported by professional guidance. Consider subscription HR services that provide:

• Automatically updated policies as legislation changes
• Professional drafting by qualified barristers
• Ongoing support for implementation

Key Takeaways for Professional Practice

Prevention is Better Than Cure

• Implement comprehensive HR policies before problems arise
• Ensure policies specifically address clerk-related scenarios
• Arrange professional support in advance, not during crises
• Build good relationships when times are good

Documentation and Communication

• Document all performance-related conversations with follow-up emails
• Conduct regular one-to-ones rather than relying solely on annual appraisals
• Maintain professional boundaries while being supportive
• Seek professional advice when situations become complex

Strategic Approach

• Align all HR activities with council strategic objectives
• Use your strategic plan to guide daily and weekly priorities
• Ensure everyone is aligned around the council's mission
• Celebrate successes and learn from challenges

When to Seek Professional Help

Sometimes, the best advice I give clerks is: "Do you really need this job to go through all this stress and hassle?" Often, the easiest solution is to walk away if the situation is that bad, because there are other opportunities out there.

However, with proper systems in place, most situations can be managed professionally and successfully.

Frequently Asked Questions

Q: Can I use AI to help write HR policies? A: While AI can be helpful for drafting, only use it for subjects you understand well enough to verify accuracy. There have been cases where AI has created non-existent legal precedents, so professional verification is essential.

Q: How do I handle micromanagement from new councillors? A: Training is key—arrange sessions on officer and councillor roles and responsibilities. Consider producing a regular clerk's report that addresses common queries and refer micromanaging councillors to this resource.

Q: What if my small council doesn't have enough councillors for separate disciplinary committees? A: You can arrange reciprocal agreements with other councils to lend councillors for HR panels or approach your district council for support. The key is having these arrangements in place before problems arise.

Q: How often should I review HR policies? A: Core policies like standing orders should be reviewed annually, while HR policies can typically be reviewed every three years unless legislation changes. Always include review dates on your policies.

Q: What's the most important HR policy to have in place? A: Disciplinary and grievance procedures are legally required, but ensure they're adapted for clerk-specific scenarios. This often-overlooked detail can save significant stress and legal complications later.

Q: Should I worry about the Employment Rights Bill? A: The main provisions won't take effect until 2026-2027, giving you time to prepare. Focus on maintaining current, comprehensive policies with professional support to handle changes as they're implemented.

Q: Where can I find template staff appraisals? A: Your local Association of Local Councils (ALC) usually has model documents available. The National Association of Local Councils (NALC) website also provides templates. For parish and town council-specific templates, consider professional HR providers who understand the sector.

Q: How do I handle a pregnant employee when I don't have a maternity policy? A: She's entitled to statutory maternity benefits regardless of your policy gaps. Focus on getting a proper maternity policy in place immediately, plan for temporary coverage, and don't ask when she plans to return—that's not your decision to influence.

Series Conclusion: Your Professional Development Journey

Your role as both employee and HR advisor requires continuous learning and professional development. The sector's complexity demands that you stay current with legislation, maintain proper procedures, and seek support when needed.

Remember: The goal isn't to become an HR expert overnight, but to establish systems that protect your council, support your colleagues, and enable you to fulfil your professional responsibilities with confidence.

The investment in proper HR practices pays dividends in reduced stress, improved performance, and better outcomes for your entire council community. Don't wait until problems arise—build your HR foundation now, when relationships are good and solutions are easier to implement.

Complete Series Links

• Part 1: HR Foundations - Essential Policies Every Council Must Have
• Part 2: Performance Management - From Annual Appraisals to Ongoing Success
• Part 3: Conflict Resolution - Managing Your Dual Role Under Pressure (this article)

Watch the Full Session and Download the Slides

This three-part series is based on my presentation for Scribe Academy.

• You can watch the complete webinar (24mins) recording here.
• You can download the slides here.

About the Author

James Corrigan FCILEx, Chartered MCIPD, CMgr FCMI, DMS, PG DHR, Pg DSM, CILCA is Director of Council HR and Governance Support, bringing over 25 years of experience as a chief officer, 8 years as a part-time parish clerk, and 10 years as a National Advisor for the SLCC.

Council HR and Governance Support provides comprehensive services including:

HR Support & Recruitment Services:

• Unlimited ongoing HR & governance subscribed support
• Dispute resolution & investigations
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Council Support & Development:

• Strategic Planning
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Our policies are drafted by HR barrister Daniel Barnett and updated automatically as legislation changes for our subscription clients. We currently support several hundred councils across the country.

Client testimonials:

• "Always helpful and quick with advice and support" – Lucy White, Woodham Ferrers and Bicknacre Parish Council
• "HR is a potential minefield since we do not have the expertise in house. The expertise and advice we have received from the CHRGS team has therefore been invaluable" – Nisha Vesuwala, Deputy Clerk, Lewes Town Council
• "At last, there's light at the end of the tunnel - thanks to CHRGS" – Councillor John Rees, Royston Town Council

Contact: jamescorrigan@chrgs.co.uk | 07805 472859

Important Disclaimer: Always take professional advice before acting on HR matters. This guidance is for general information purposes and should not replace specific professional advice for your circumstances.

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