The publication of the Annual Salary Statement is a statutory requirement under Section 38 (1) of the Localism Act 2011.  If Council does not approve the Salary Statement then the Council will be in breach of the legislation.

The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 requires local authorities and other public, private and voluntary sector organisations to publish their gender pay gap data.  The Council must also publish a written statement on their public website and Government website using the gender pay gap reporting service.

Under the current Pensions Regulations, Torbay Council is able to exercise a range of discretions in regard to how the Local Government Pension Scheme (LGPS) is applied to its employees who are members of the Scheme. The Employers Pensions Discretions must be reviewed and approved by Council annually in line with Local Government Pension Scheme regulations.

At the Cabinet meeting on 18 February 2021, the Interim Chief Executive advised that the Annual Pay Policy Statement 2021-22 made reference to the Public Sector Exit Payment Regulations which came into force on 4 November 2020.  Since the report was published, the Government’s Treasury Department had issued a direction on 12 February 2021 to dis-apply, with immediate effect, Public Sector Exit Payment Regulations and it was noted the report to Council would be revised to reflect this.

That Council be recommended to approve:

(i)         the Torbay Council Annual Pay Policy Statement 2021/22 as set out in revised Appendix 1 to the submitted report be approved for publication;

(ii)        the Torbay Council Gender Pay Gap Report, contained within the Annual Pay Policy Statement 2021/22 in Appendix 1 to the submitted report be approved for publication; and

(iii)       the Employers Pensions Discretions set out in Appendix 2 to the submitted report be approved for publication.

To meet the statutory requirements to review these reports and policies.

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The recommendations of the Cabinet will be considered at the Council meeting on 25 February 2021.

The submitted report set out the Council’s Annual Pay Policy Statement, as required under Section 38 (1) of the Localism Act 2011.  It was noted that the pay policy statement drew together the Council’s overarching policies on pay and conditions and would be published on the Councils Website.  The report also set out the annual review of pensions discretions as required by the Local Government Pension Scheme Regulations.  In addition, the report set out details of the Council’s gender pay gap data as required by the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017.

At the Cabinet meeting on 18 February 2021, the Interim Chief Executive advised that the Annual Pay Policy Statement 2021-22 made reference to the Public Sector Exit Payment Regulations which came into force on 4 November 2020.  Since the report was published, the Government’s Treasury Department had issued a direction on 12 February 2021 to dis-apply, with immediate effect, Public Sector Exit Payment Regulations and it was noted the report to Council would be revised to reflect this.

Councillor Carter proposed and Councillor Cowell seconded a motion which was agreed unanimously by the Cabinet at set out above.

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