LEISURE TRUST – Frequently Asked Questions
The following is a list of Frequently Asked Questions (FAQ’s) relating to the provision of a Leisure
Trust. Answers have been provided on the basis of information presently available. The creation of
the Trust is an evolving process and updated information will be provided to employees and their
Trade Unions as it becomes available.
What examples of a trust model
1 are there and have they been
successful?
If Trusts can be unsuccessful why
2
enter one?
TUPE –After a period of time,
terms and conditions can be
changed - can it be written in to
3 agreement that there will not be a
deterioration of terms and
conditions as compared to the
council while we are in the trust?
How large is the board and what
4 proportion of elected members will
sit on trust board?
If trust fails, can it be written in to
the agreement that all staff can be
5 be automatically transferred back to the Council
transferred back to Council
employment?
Pensions: What effect does being
in a trust have for staff currently in
6 the Local Government pension
scheme or for new staff and are
contributions the same?
There are a number of successful Leisure Trusts
within Scotland. Inverclyde Leisure and South
Lanarkshire Leisure are examples however a full list
of Leisure Trusts in Scotland is attached.
The Council would not advocate entering into a
Leisure trust if it was considered likely to be
unsuccessful. A Leisure Trust is considered as an
effective way of continuing and improving leisure
provision. Independent expert advice will be sought
on setting up the West Dunbartonshire Leisure Trust
to ensure that the model adopted has the most
potential for success.
TUPE (Transfer of Undertakings Protection of
Employment).
Employees of WDC who transfer under TUPE to the
Leisure Trust automatically become employees of the
new employer on the same terms and conditions. It is
possible that it could be written into a transfer
agreement that terms and conditions would match
those of WDC for a period of time however this would
be a matter for the Board of Trustees to decide. Any
changes to terms and conditions of employment
would need to be negotiated or determined through
the normal processes.
The make up of the board has yet to be agreed
however it is likely to be between 10 and 14 members
with the proportion of elected members likely to be in
the region of 25% - 35%.
The agreement would not include provision for staff to
should the Trust fail.
To ensure the continuation of pension rights via the
Local Government Pension Scheme (LGPS) the Trust
will require to apply for and secure 'Admitted Body'
status of the scheme. The experience of other trust
organisations is that they have been successful in
securing such status. It is therefore not anticipated
that there would be any problems for WDC in this
regard, in which case, staff contributions would
continue as previous.

What does the management
structure look like in a trust and
7 who within Leisure management
will transfer to Trust i.e. Facility
Manager and above?
As all the different departments
come together in a Trust- will there
8 Such arrangements, along with work locations will be
be a central office for managers &
admin. Where will that be located?
Trust and New build how will it
9
affect staff numbers?
Would there be a possibility of
10 secondment into the trust or out of
the trust?
At this time when staff are feeling
very nervous about the impending
11
cuts to public service - How secure
are jobs with in a trust?
How are the trustees selected,
12
could I apply to be on the Board?
Will moving to Trust affect our
13 working hours, hourly rate, annual
leave, maternity benefits etc?
Do we need to reapply for our jobs
14 and will our contracts be re-
evaluated?
It is normal that the management structure will be
determined by the board once it is in place. It is likely
that all WDC employees whose role directly covers
services provided by the Trust will transfer and any
senior management posts will be by appointment
through the board.
Arrangements relating to provision of management
and support services have not yet been identified.
finalised as development of the Trust model
progresses.
Staffing of the new build will be dependant upon a
number of factors including the final design,
facilities/activities offered within the building and
opening hours. The numbers of staff transferring to
the Trust will be all WDC employees whose role
directly covers services provided by the Trust.
The Trust and the Council will operate as two entirely
separate organisations therefore there is unlikely to
be any opportunity for secondment between the
organisations. Under TUPE, if employees do not want
to transfer to the Trust there is no legal requirement
on the Council to find/offer alternative employment. If
employees do not transfer, they will be deemed to
have resigned.
Jobs in a well run leisure trust delivering a cost
effective, quality service are likely to be equally as
secure as with the Council.
Adverts are placed seeking interest from members of
the public. Normally it would be expected that
potential trustees would have a background in sport,
public service or business or a professional skill that
can help the management and development of the
Trust. The make-up of board membership will be
dependant upon the final model agreed.
Moving to a trust will not have a direct impact upon
staff working hours, hourly rate, annual leave,
maternity benefits, etc as staff will transfer to the trust
on the same terms and conditions. Factor like
opening hours of premises and financial constraints
may however result in negotiation with employees
regarding hours or work.
Staff employed by WDC within services which will
move to the Trust automatically become employees of
the Trust on the same terms and conditions. It is as if
their contracts of employment had originally been
made with the new employer.

Who made the decision that
15 Leisure Services moving to Trust
was the best option?
Is moving to Trust the best option
16
or the easiest one?
What other departments are
17 transferring to Trust along with
Leisure Services?
How will transferring to Trust affect
18
casual employees?
Are the public aware of the
19 impending changes?
Is the closure of the Vale Pool a
20
possibility?
At present our timesheets and
invoices are processed at
21
Garshake, will this change when
we go to Trust?
The council currently funds
courses and training for staff
22
members, will it still apply when
we are run by the Trust?
Is the Trust still a WDC run
23
organisation?
Will staff still have the opportunity
24 to apply for internal vacancies
advertised by WDC?
£615,000 saving, does this include
25 the cost of transferring employee
pensions over into scheme.
Following detailed exploratory work by officers and a
professional advisor, Elected Members agreed the
recommendations of officers as contained within a
report submitted to the Housing, Environmental and
Economic Development committee in October 2010.
A copy of the report is in staff rooms for information.
Delivering leisure and associated services via a
Leisure Trust model is considered to offer the best
option for securing future service delivery in a difficult
economic climate. It is in no way an easy option.
The Sports Development Unit, Active Schools Unit
and Outdoor Education unit are transferring from
Educational Services into the Leisure Trust. The
management of community facilities and the delivery
of the Council events programme are also transferring
into the Leisure Services portfolio and will become
part of the Trust.
It is likely that any casual employees working with the
service at the time of the transfer will be terminated by
WDC and then re-engaged by the Leisure Trust.
The decision to create a Leisure Trust is in the public
domain through the publication of minutes of
Council/committee meetings. A series of consultation
events with both staff and current users will take place
as the process moves forward.
There is no intention at this point to close the Vale
Pool; this centre will transfer into a trust organisation
along with the other centres.
Arrangements for financial and HR/personnel support
have yet to be agreed. The Trust can either ‘buy in’
such services from the Council or make their own
arrangements. It is therefore possible that there may
be a change to current arrangements.
The Trust will be responsible for financing staff
training.
No, the Trust will be a registered charity (Not for Profit
organisation) which will operate services on behalf of
WDC.
Staff will not be eligible to apply for Internal WDC
vacancies however will have the same opportunity as
any external candidate for any Council post which is
advertised externally.
£615,000 is the annual amount that will be saved from
non-domestic rates charges; this figure does not
include any costs associated with set up or operation
of the Trust.
Council Sports Sport, Currently No present
and Leisure and considering Council-wide
Leisure Cultural Trust trusts or trust
Trust moving beyond
single facility
trusts
Aberdeen City X
Aberdeenshire X
Angus X
Argyll and Bute X
Clackmannanshir X
e
Dumfries and X
Galloway
Dundee X
East Ayrshire X
East X
Dunbartonshire
East Lothian X
East Renfrewshire X
Edinburgh X
Falkirk X
Fife X
Glasgow X
Highland X
Inverclyde X
Midlothian X
Moray X
North Ayrshire X
North Lanarkshire
Orkney X
Perth and Kinross X
Renfrewshire X
Scottish Borders X
Shetland X
South Ayrshire X
South Lanarkshire X Under
consideration
Stirling X
West X
Dunbartonshire
West Lothian X
Western Isles X