Conflicts of interest
The best interests of the Council should always be the paramount consideration. Section 117 of the Local Government Act 1972 requires you to make a formal declaration about contracts in which you have a financial interest, that is any direct or indirect interest of monetary value, whether or not the value is readily ascertainable. It is a criminal offence to fail to comply with this. All declarations of interest either financial or non-financial must be declared using Form 2 - ’Declaration of Personal Interests’.
Other financial interests could include when money other than your salary or other legitimate expenses are paid into your bank account by the Council or where your address is linked to a business receiving payment from the Council.
Non-financial interests could include governorship of a local school, membership of an NHS Trust Board or involvement with an organisation or pressure group which may seek to influence the Council’s policies.
Employees may choose to take on paid work in addition to their Council job as the main employer. In instances such as these, all employees are reminded of the need to comply with the Constitution of the Council which states that ‘all employees should be clear about their contractual obligations and should not take any outside employment which conflicts with the Council’s interests’(Part 5, Paragraph 5.1). For employees at Band 13 and above, Form 3 – ‘Approval to undertake paid work outside of the Council (Band 13 and above)’ should be completed.
The Working Time Regulations (1998) are there to protect employees and employers. It is an employee’s responsibility to ensure that they comply with these regulations and do not exceed the maximum numbers of hours permitted to be worked. In order to support the Council in its duty of care, all employees Band 12 or under who undertake paid work outside of the Council, should notify their Director by completing and submitting Form 4 – ‘Notification of undertaking paid work outside of the Council (Band 12 and below only)’.
You must:
- always consider the best interests of the Council in everything you do and declare any non-financial and financial interests that you consider bring about any conflict with the Council’s interests using Form 2.
- Inform your Director if you are undertaking paid work outside the Council using Form 4 – ‘Notification of undertaking paid work outside of the Council (Band 12 and below only)’.
You must not:
- allow any private interests to influence decisions
- offer advice or guidance or participate in, or influence any decisions making process where you have a vested interest, or a member of the public may reasonably believe that you have such an interest
If you are involved in a business or any commercial enterprise which might result in a conflict of interest or could reasonably be perceived by a member of the public as creating a possible conflict of interest in relation to any aspect of your work with the Council then you should inform your line manager. Again, this will require the completion of the necessary form of declaration to ensure that a full and proper disclosure has been made Form 3 – ‘Approval to undertake Paid Work Outside of the Council (Band 13 and above only’) and Form 4 – ‘Notification of undertaking paid work outside of the Council’ depending on Band.