Conclusions and recommendations
1. The
scale of the proposed transfer of staff to a new employer is significant.
(Paragraph 12)
2. The limit on the
staffing of Members' offices from public funds should continue
to be a financial one rather than a limit on the number of staff
paid for. (Paragraph 20)
3. It is inescapable
that the House's new duties as employer would significantly restrict
Members' freedom in some respects. (Paragraph 21)
4. Our preference
if the House is to be the employer of Members' staff is for the
employing organisation to be a new statutory body. (Paragraph
28)
5. It is unavoidable
that the House's wishes must prevail if House and Member disagree
over whether Members' staff should be dismissed; otherwise the
House could not be regarded as the employer. (Paragraph 38)
6. The House would
need to protect itself from the risks which direct employment
of Members' staff would impose on it by transferring some of the
risk back to Members. (Paragraph 41)
7. We would favour
minimal House involvement in recruitment. (Paragraph 45)
8. It should be a
condition of Staffing Expenditure that Members report in respect
of new staff that certain standard recruitment procedures have
been followed. (Paragraph 47)
9. The House could
fulfil its health and safety responsibilities for constituency
offices by a combination of training and advice, self-certification
by Members, a limited audit regime and a reserve power to remedy
problems or withdraw staff. Somewhat different methods would be
needed where staff work at home; the House would still need to
satisfy itself in these cases that work spaces were fit for purpose
and safe. (Paragraph 54)
10. The problem of
staff whose Member leaves the House is the most intractable aspect
of the proposal that the House employ Members' staff. There is
no easy answer to it, and resolving it would undoubtedly be highly
expensive. Whether that cost would be worth bearing would depend
on whether the benefits were considered to justify the cost. (Paragraph
63)
11. We envisage Members
retaining most of the discretion they currently enjoy over pay
and conditions of service, and that any audit would deal only
with clear cases of inequality of treatment (with particular attention
being paid to the pay and bonuses of family members). However,
it would not be consistent with the House's status as employer
for it to leave Members all of their current discretion over pay,
bonuses and other terms of employment. (Paragraph 72)
12. The House would
need to be able to respond to any complaints about non-compliance
with legislation and to require information from Members and their
staff. (Paragraph 73)
13. We consider it
important that innovative arrangements such as collective employment
should be able to continue, and see no reason why this should
not be possible if the House employs Members' staff. (Paragraph
82)
14. No changes would
be needed to the existing arrangements for unpaid interns as a
direct result of the House becoming the employer of Members' staff.
(Paragraph 84)
15. We take it as
a given that the House would wish to ensure that no current member
of staff experienced any deterioration in their existing terms
and conditions. (Paragraph 88)
16. Existing employees
of Members should be given the option of being made redundant,
with appropriate redundancy pay, when the Member they currently
work for leaves the House. (Paragraph 89)
17. It should be confirmed
on any transfer of Members' staff to the House that length and
continuity of service are not affected by the transfer.
(Paragraph 90)
18. If the proposal
to make the House the employer of Members' staff goes ahead, it
should not be implemented until the next general election at the
earliest. (Paragraph 91)
19. The additional
costs of the House employing Members' staff directly would
be high. (Paragraph 98)
20. We believe our
proposed scheme would be the best way of achieving what the House
decided it wanted in April and would be workable, although the
problem of what to do with the staff of Members who have left
the House remains unresolved. However, we do not commend our scheme
to the House, for the following reasons:
it would have heavy costs;
it would secure no clear benefits;
it would place Members' staff in an ambiguous employment
relationship; and
it would significantly reduce the flexibility Members
currently have to manage their staff. (Paragraph 105)
21. Our preference
would be for the House (or if appropriate the IPSA) instead to
give greater support to Members as employers, in the ways described
above. (Paragraph 106)
22. If the proposal
that the House should become the employer of Members' staff is
to proceed, it will be essential that there is extensive consultation
both with Members and with their staff on a specific detailed
proposal before it is put to the House. (Paragraph 107)
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