PRE-EMPTIVELY applying the Government's redundancy pay cap on senior officers would breach their rights, it is alleged.

Last week Christchurch MP Sir Christopher Chope said the Government's £95k cap on public sector exit payments should be applied by Dorset's councils during the 'Future Dorset' merger process, if it goes ahead.

This is despite the fact the cap has yet to be fully implemented. Sir Christopher said he was "very disappointed" that councillors on the Bournemouth, Christchurch and Poole Joint Committee, "whose avowed purpose is to try to save money", were so "diffident" about the cap.

Joint Committee chairman Councillor Janet Walton, also leader of Borough of Poole, said the status of the law was being "carefully monitored".

"As the government has not yet fully enacted this statutory instrument, it is currently not legally enforceable and cannot displace the current contractual and statutory rights of employees affected by the reorganisation," said Cllr Walton (pictured).

"Until the cap becomes legislation with all the statutory functions actually in place, then the council is unable to apply it in full as this may breach individual contractual rights, and be in breach of rights accrued by any individual who is currently a member of the Local Government Pension Scheme."

She said councils were obliged to meet all pension scheme obligations, even where the cost would be in excess of £95k.

“Officers continue to monitor the situation and await further government announcements on the issue," she said.

Sir Christopher said applying the cap could save taxpayers money which would otherwise go to large exit payments for senior officers.

He said he has been lobbying Communities Secretary Sajid Javid to have the legislation implemented, and in the meantime to urge councils to follow the spirit of the law in this case.

Mr Javid is currently expected to make a final decision on the whole restructuring plan later this month.