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PERSONNEL COMMITTEE - 29 JANUARY 2013
Report of the Head of Strategic Support
Part A
ITEM 5 SECONDMENT (INTERNAL AND EXTERNAL) POLICY AND PROCEDURE
Purpose of Report To gain the Personnel Committee’s approval for the introduction of a Secondment (Internal and External) Policy and Procedure. Recommendation That the Secondment (Internal and External) Policy and Procedure, attached at Appendix A, be formally approved and adopted. Reason To ensure the Council’s Secondment (Internal and External) Policy and Procedure reflect legislative requirements and good practice. Policy Justification and Previous Decisions This policy is proposed to supersede the existing Secondment Policy. The policy will give managers clear advice and guidance on managing both internal and external secondments. Implementation Timetable including Future Decisions If approved, the Secondments (Internal and External) Policy and Procedure will be published on the Council’s website either on or before 1st March 2013. Report Implications The following implications have been identified for this report. Financial Implications There are no financial implications arising from this decision. Risk Management There are no specific risks associated with this decision.
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Part B
Background 1. At present the Council has a secondment policy that links to short term learning
opportunities between Charnwood Borough Council, South Derbyshire District Council and Rushcliffe Borough Council. The intention of the policy was to inject new ideas, skills and perspective, enhance service delivery and encourage staff development.
2. In order to ensure compliance with legal requirements and recommended best
practice this policy is proposed to supersede the existing Secondment Policy. The proposals outlined within the policy should guard against any misunderstandings regarding employment conditions, before, during and after the secondment both internally and externally.
Proposals 3. It is proposed to introduce the revised Secondments (Internal and External)
Policy and Procedure to provide managers with clear guidance around the area of secondments, ensuring compliance with legal requirements and recommended best practice.
4. To provide clear guidance relating to internal secondments, external
secondments and secondments that have arisen due to partnership working. 5. That the principles for secondments for organisational change be adopted and
included in the Organisational Change Policy and Procedure. 6. Ensure that clear secondment agreements are in place for all external
secondments with advice from legal services. This will set out terms and conditions and ensure that all involved understand and accept the new way of working.
7. Replace the existing Secondment Policy with the proposed Secondment (Internal
and External) Policy and Procedure. 8. Amend the Recruitment and Selection Policy to delete the section on advertising
a secondment opportunity, and in the section on Types of Appointment refer to the secondment policy only.
9. A toolkit of supporting documents has been produced to sit alongside the
Secondments (Internal and External) Policy and Procedure. Consultation 8. The draft policies and supporting toolkits were approved by the Senior
Management Team on 5 September 2012, TUKIT on 13 September 2012 and Joint Consultative Committee on 18 December 2012. The Trade Unions have been consulted and given an opportunity to comment on the policies.
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Appendices Appendix A – Secondments (Internal and External) Policy and Procedure Appendix B – Secondments – Prior Permission Pro Forma Appendix C – Recruitment Approval Request Form Appendix D - Template Letter – Advising Employee of termination of
secondment Appendix E - Secondment – Temporary Variation to Contract of Employment
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APPENDIX A
Secondments (Internal and External) Policy and Procedure
Contents Part 1: Introduction – All Secondments .......................................................6 Purpose ..........................................................................................................6 Principles........................................................................................................7 Part 2: Internal Secondments within the Council........................................8 Scope – Internal Secondments.....................................................................9 Roles and responsibilities.............................................................................9 Procedure .....................................................................................................10
Permission to recruit to a fixed-term vacancy.......................................10 Internal Applicants – permission to apply for secondment..................10 Substantive managers – considering a request for secondment ........11 Recruiting managers - selection procedure...........................................11 Salary and terms and conditions ............................................................12 Extension of secondment........................................................................12 Termination of secondment ....................................................................13 Secondment positions which become available on a permanent basis...................................................................................................................13 Termination of secondment – by the employee ....................................13 Termination on short notice ....................................................................13 Secondments and organisational change..............................................13 If the need for the secondment post comes to an end earlier than expected....................................................................................................14
Part 3: External Secondments from the council to another organisation.......................................................................................................................14 Scope – External Secondments..................................................................14 Roles and responsibilities...........................................................................15 Procedure .....................................................................................................15
Employee request ....................................................................................15 Due to a short term project (3 months or less)......................................16 Substantive managers – considering a request for secondment ........16
Terms and Conditions of Employment ......................................................16 External Secondment Agreement...............................................................17 Pensions .......................................................................................................17
LGPS members.........................................................................................17 Performance Management ..........................................................................18
Grievances and Complaints ....................................................................18 Supervisory Responsibility.........................................................................18 Professional Registration ...........................................................................18 Name of Document V1.3 Last date amended: 10/09/12 Date created: 15/05/12 Agreed at Date agreed:
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Organisational Change................................................................................18 Review Arrangements .................................................................................19 Secondment Arrangements - Checklist .....................................................20
Part 1: Introduction – All Secondments
Purpose The purpose of this policy and procedure is to support managers in adopting a thorough and fair approach when considering requests and managing arrangements connected with secondments, which may be either:
• secondments of Council employees internally within the Council to another job; or
• secondments of Council employees to external organisations. It aims to set out best practice taking account of relevant legislation and the Council’s commitment to equality and diversity. This policy and procedure is not intended to cover all the nuances of individual secondment arrangements, but to provide general guidance. Further guidance is available by telephoning the ESC on 0116 3058815. A secondment is the temporary loan of an employee to either another organisation – or to a different part of the same organisation (either within the same directorate or to a different directorate) – for a specific purpose and for a defined length of time. This will have a mutual benefit to the organisation(s) and the employee. Secondments can be used by the Council as both a tool to enhance service delivery and a means of supporting employee development. External secondments particularly may arise where joint working will achieve the promotion or improvement of the economic, social or environmental well-being of an area. For the purposes of this policy and procedure, the term “secondment” will be used to cover arrangements where the full duties of the post are undertaken. If only partial duties of a post are undertaken it may be appropriate to award an honorarium payment (depending on the circumstances) commensurate with the level and percentage of work being undertaken. Managers are advised to consult HR for advice. The Council’s commitment to equality of opportunity will be observed at all times during the operation of this policy and procedure. This will ensure that employees are treated fairly and without discrimination on the grounds of race, nationality, ethnic or national origins, sex, marital status or civil partnership, disability, age, sexual orientation, trade union membership or activity, political or religious belief, maternity or pregnancy, gender re-assignment and unrelated criminal conviction.
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No secondment agreement will be arranged without prior discussion and agreement between the employee’s substantive manager, the host manager, and the employee, making sure that the arrangements being proposed are clear and fully understood. IMPORTANT NOTE: The host manager is the manager who is recruiting to the secondment position. The substantive manager is the manager in whose team the employee normally works and who will give permission to the employee to undertake the secondment.
Principles • Any employee may apply for a secondment but there is no automatic right of
approval. Each case will be considered on merit taking account of the employee’s development needs, the benefits the secondment may bring to the Council and any adverse impacts on service delivery and operational priorities.
• There is no automatic right to be released to undertake a secondment
opportunity. The purpose of a secondment is to temporarily loan an employee from one organisation to another or to a different area of the same organisation. Therefore permanent employees cannot resign from their substantive post if granted permission to take up a fixed-term secondment. If permission is granted, the substantive post must be held open for the employee to return to and should consider making alternative arrangements to ensure that the work in the substantive post is undertaken. In the event that a post falls subject to an Organisation Change action plan during a period of secondment managers should refer to the section below on secondments and organisation change.
• An external secondment does not terminate the employee’s contract of
employment with the Council. A key aspect of the arrangement is that the employee’s substantive post is held open and they are usually expected to return to this when the secondment ends. Consequently, as their contract continues to be in force during the period of the secondment, continuity of employment will be preserved for the purposes of service-related entitlements, such as annual leave, and statutory employment rights, and redundancy payments. It is usual for the Council to continue to pay the salary of the seconded employee and invoice the host organisation for the salary costs incurred.
• It is important that the substantive manager keeps in regular contact with the
seconded employee throughout the secondment and that the employee is made aware of any important changes affecting their substantive role, their terms and conditions or their team, directorate or organisation. Any seconded employee should be treated as though they remain in their substantive post and advised, consulted and involved with on that basis. The secondment agreement will
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usually contain provisions to enable the seconded employee to attend any meetings (e.g. in respect of consultation) for any organisational change situation.
Arrange • Where a temporary appointment has been made to cover an employee’s
substantive post then the manager will need to terminate that appointment in anticipation of the substantive employee’s return and in accordance with the relevant notice period. It is important that managers ensure that any such notice period is tied in with the notice provisions set out in the secondment agreement.
• When the secondment comes to an end the employee’s substantive manager is
responsible for managing the employee’s return to their substantive post and workplace and ensuring an evaluation of the experience is conducted. The manager must also be mindful of the costs, time and other associated implications of training/refresher training for employees resuming their substantive post, particularly where the time spent away has been significant.
• Employees should note that secondments do not apply to posts advertised as
permanent. Existing employees who are successful at interview for posts advertised as permanent will have to resign from their current post to enable them to take up the new appointment. That appointment will be on the terms and conditions applicable to the new permanent post. In this situation employees would be expected to give notice of their resignation in their original post in line with their contract of employment. Their employment in that original post will end on the expiry of that notice. That post will not be held open and the employee will have no right to return to it.
• Secondments would not ordinarily last for more than 6 months. Back to Contents
Part 2: Internal Secondments within the Council This part provides the procedural framework for managers and existing employees in relation to internal secondments within the Council.
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Scope – Internal Secondments The provisions below apply to employees who wish to apply for fixed-term positions on a secondment basis within the Council who are employed under the following conditions of service: • National Joint Council for Local Government Services • Joint Negotiating Committee for Chief Officers of Local Authorities; Back to Contents
Roles and responsibilities Line managers Recruiting (or host) manager – is the manager in whose team
the secondment opportunity has arisen. Follows normal recruitment procedures and considers secondment applications in line with this policy and procedure. Consults on, drafts and implements the Secondment Agreement. Substantive manager - is the manager of the post the employee who is requesting the secondment is normally employed in. Approves/declines formal request for secondment. Where approval given, holds substantive post open for seconded employee to return to. Follows Recruitment and Selection Guidance for managers for permission to recruit temporary cover (if required). Where approval is not given, forwards the Secondment Prior Permission Pro Forma to the ESC for the employee’s personal file.
Employee Submits Prior Permission Pro Forma to line manager and, if approved, submits formal internal application form for advertised post. Returns to substantive post at end of secondment period.
HR Services Provides advice and guidance on more complex issues relating to internal secondments.
Trade Union or other representative
All employees have the right to be accompanied at formal meetings. The employee(s) may be accompanied by either a trade union representative or work colleague.
Employee Service Centre
Is first point of contact for advice to managers and employees on internal secondments.
Back to Contents
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Procedure The Council is committed to promoting development opportunities for employees and retaining valuable skills. Managers may consider advertising posts as secondment opportunities. The Recruitment and Selection Guidance outlines that when a secondment opportunity becomes available the recruiter should establish whether it
o Can be offered to the Councils’ employees only, via the Council’s intranet, by e-mail or by internal advertisements on notice boards. Or
o Is it an opportunity that can be offered to the Council’s partnership organisations.
Fixed term positions represent potential secondment opportunities for existing employees who wish to broaden their knowledge, experience and skills. Such fixed-term vacancies may occur in the same team, a different team of the same directorate or in another directorate. It should be noted that in the first instance all vacancies should be offered to redeployees as fixed term contracts in accordance with Stage 1 of the Recruitment and Selection Guidance for managers. IMPORTANT NOTE In certain circumstances, the Head of Service may deem it necessary to ring-fence a vacancy for business reasons where the assignment is either short-term (normally less than 3 months but in any event no more than 6 months), urgent and/or where specialist skills, knowledge or experience are required which will not be realised through wider internal advertising (see Specialist Secondments, Short-term or Urgent Temporary Assignments below). The proposed scope of the ring-fence will be specified in the Recruitment Approval Request Form for endorsement by the Head of Service. Permission to recruit to a fixed-term vacancy Managers must complete and submit the Advertising Request E-Form attaching the job description and person specification and the authorised Recruitment Approval Request Form to the ESC by no later than 12 noon on a Thursday. Normal advertising and recruitment and selection procedures will apply as set out in the Council’s Recruitment and Selection Guide for Managers [including pre-advertising posts on the redeployment vacancy list]. Internal Applicants – permission to apply for secondment Prospective internal applicants must obtain the permission of their current (i.e. substantive) manager on a Secondment Prior Permission Pro Forma before formally applying for a fixed-term post on a secondment basis. Failure to gain such approval may mean that the secondment will not be authorised. In that instance if the
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employee wishes to move into that post they would need to resign from their substantive post and apply for the post as a fixed-term contract. Substantive managers – considering a request for secondment Before agreeing to a secondment request, the substantive manager will need to consider the implications of releasing the employee for the period of time in question, for example: • whether permission to recruit to the vacated post on a fixed-term basis is likely
to be granted by the Head of Service. If permission is not granted, this may inform the substantive manager’s decision as to whether to approve the secondment or not;
• additional work that may fall to colleagues if the employee cannot be replaced during the secondment;
• impact on the service and customers; • peaks and troughs in work activities and whether these coincide favourably or
unfavourably with the timescale of the secondment; • mutual benefits for the employee and the service in terms of skills, knowledge
and experience gained while on the secondment; • the need to hold open the post for the substantive postholder to return to; • Additional training costs for the employee appointed to cover the vacancy; • Additional training/refresher costs for the substantive postholder on their return
to the post. Once an employee has had a secondment request approved they must submit the Secondment Prior Permission Pro Forma with their completed internal application form to confirm to the recruiting manager that approval has been given and that the employee can be released from their substantive post for the advertised period of the secondment. Recruiting managers - selection procedure Recruiting managers must not consider any applications for secondments that are not accompanied by the Secondment Prior Permission Pro Forma. All internal applicants for a fixed-term post, including applications for secondment, will be subject to normal recruitment and selection procedures in terms of applications, shortlisting, interviews, selection testing, references and other required checks, e.g. CRB Disclosure. Redeployees who closely match the essential criteria in the job description and person specification must be given preferential consideration over other internal applicants in accordance with the Council’s Redeployment Policy and Procedure. Redeployees who are successfully appointed will not be appointed on a secondment basis, they will be appointed on a fixed term contract for the period of the role. Recruiting managers should notify the ESC of the successful candidate using the New Starter e-form.
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Salary and terms and conditions The salary, grade and terms and conditions of employment of the seconded employee will be those applicable to the advertised fixed-term post, whether this is at a higher or lower level than the employee’s substantive post. The grade of the post must be determined under the Council’s job evaluation scheme. Any differences in terms and conditions between the employee’s substantive post and the secondment post should be set out in full within the secondment letter. Normal incremental progression and any annual pay awards that are made during the period of secondment will apply to the seconded post. Upon the employee’s return to their substantive post their salary should reflect any incremental changes and annual pay awards that have taken place during the period of secondment. As the employee is voluntarily applying for an alternative position in the full knowledge and acceptance of the terms and conditions pertaining to it, there is no entitlement to pay protection or disturbance allowance when they take up the secondment or on their return to their substantive post. The provisions of the Council’s relevant Allowances policies will apply. Temporary Variation to Contract Letter Once an employee has secured a secondment position a letter of secondment confirming a temporary variation to the employee’s contract should be issued to the employee(s) concerned. The recruiting manager should submit the appropriate e-form to the Employee Service Centre (ESC) to request the contractual change and any associated changes to organisational and payroll records. Extension of secondment Any proposed extension to the original secondment arrangement must be discussed and agreed between the host manager and the substantive manager in the first instance. Prior to being discussed and offered to the employee, the host manager should:
• submit a fresh application to Head of Service using the Recruitment Approval Request Form for permission for the post/project to continue; and
• obtain the written agreement of the substantive manager for the continued release of the seconded employee for the extended period.
On obtaining these the host manager must discuss the extension with the employee. If the employee does not wish to accept an extension to the period of the secondment they will return to their substantive post as per the letter of secondment. If the employee agrees to the extension then the host manager should submit the Variation to Contract e-form to the ESC so that the agreed arrangements can be confirmed in writing to the employee.
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Termination of secondment A secondment is a formal contractual arrangement between the Council and the employee. Employees will normally be subject to the contractual notice period attached to the seconded post for termination of the secondment whether giving or being served notice of termination; details will be set out in the letter of secondment to the employee. It is important that all parties to the secondment are aware of the termination conditions that apply including provision within the letter of secondment to terminate the arrangement at short notice if necessary. The host and substantive managers should liaise about the termination of the secondment, particularly where an early termination is required, and advise the employee at the earliest opportunity. A template letter is available for managers to use for giving notice of the termination of a secondment. Secondment positions which become available on a permanent basis Employees have no right to remain in a seconded post and will return to their substantive post at the end of the period of secondment. If the seconded post becomes available on a permanent basis, the position should be advertised in open competition and normal recruitment and selection procedures will apply. Termination of secondment – by the employee Employees who wish to terminate their secondment earlier than the date specified in their secondment contract should discuss this with both their host (secondment) manager and their substantive manager so that, where applicable, any specific issues can be addressed and rectified if possible and appropriate. If agreement on early termination can be reached the employee will need to terminate the secondment in accordance with the letter of secondment. The employee should give the contractual notice period stipulated in their letter to terminate the secondment. Where arrangements are in place to cover the seconded employee’s substantive post, and the replacement employee in turn requires due notice of the termination of their temporary employment, or where the return date would seriously affect the service for other significant business reasons, the substantive manager has the right to defer the return date requested by the employee for a reasonable period. Termination on short notice The substantive manager reserves the right to recall a seconded employee to their substantive post and will normally endeavour to serve the contractual notice period attached to the seconded post. However, in exceptional circumstances it may be necessary to recall the employee at short notice and terminate the secondment arrangement. Prior discussion should take place between the substantive manager and host manager before notifying the seconded employee of such early termination. The employee’s contract of secondment must make provision for such early termination to enable this action to be taken. Secondments and organisational change
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Where an individual is on secondment and their substantive post is subject to organisational change, their secondment will be unaffected and will continue as per the Temporary Variation to Contract.
Employees who are seconded out of the section or who are acting up within the current structure should have their comparability considered on the basis of their substantive post within the current structure.
If the need for the secondment post comes to an end earlier than expected The employee will be given notice of the termination of the secondment and their return to their substantive post in accordance with the letter of secondment. Because the employee has a substantive post to return to, they are not redundant and therefore not entitled to receive a redundancy payment, irrespective of the length of time that they have been on secondment. (See Termination of Secondment) Back to Contents
Part 3: External Secondments from the council to another organisation This part provides the procedural framework for managers and existing employees in relation to external secondments and secondments that have arisen due to partnership working – which may arise within the public, private or voluntary sector. For any external secondment a formal, written secondment agreement must be prepared and signed by the organisations involved and the employee must sign a temporary variation to contract letter. The advice of Legal Services must be sought regarding all external secondment agreements. Back to Contents
Scope – External Secondments The provisions below apply to all employees who are employed under the following conditions of service: • National Joint Council for Local Government Services; • Joint Negotiating Committee for Chief Officers of Local Authorities; They are not applicable to:
• employees requesting internal secondments (See Part 1 above); • transfers taking place under the Transfer of Undertakings (Protection of
Employment) Regulations (TUPE).
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Back to Contents
Roles and responsibilities Substantive (i.e. CBC)line manager
Manager of the post within Charnwood Borough Council which is normally occupied by the employee requesting/on secondment to an external organisation. Seeks advice from Legal Services on the proposed secondment agreement. Consults with the employee(s) concerned and participating organisation(s). Responsible for ensuring all necessary administrative arrangements for the secondment are in place.
Host Manager The manager of the post in the external organisation to which the employee(s) requests a secondment to. Responsible for ensuring all necessary administrative arrangements for the secondment are in place.
Employee Adheres to all agreed terms and conditions of the variation to contract. For individual secondments, submits Secondment Prior Permission Pro Forma before applying for an external post. Returns to substantive post at end of secondment period.
HR Services Provides advice and guidance on more complex issues relating to external secondments.
Trade Union or other representative
Trade unions will be consulted regarding major changes affecting staff and will provide advice and support to trade union members. All employees have the right to be accompanied at formal meetings by either a trade union representative or work colleague.
Legal Services Prepares the secondment agreement on behalf of Charnwood Borough Council and provides specific legal advice where requested by the Line Manager
Employee Service Centre
Is first point of contact for advice to managers and employees on external secondments.
Back to Contents
Procedure External secondment opportunities may arise through a variety of circumstances:
Employee request Employees should only be permitted to undertake external secondments where it is appropriate for the organisation and/or where the secondment will enhance the employee’s performance in their substantive job by offering the chance to improve their skills, knowledge and experience. Requests to undertake an external
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secondment must be submitted to the employee’s substantive manager using the Secondment Prior Permission Pro Forma, outlining the benefits the opportunity will bring to both the organisation and the employee. The line manager will consider the request in conjunction with their senior manager. External secondments must not be used to “trial” alternative employment. Due to a short term project (3 months or less) A short term project would usually be one of 3 months or less in duration but, in exceptional circumstances, it may be up to, but not exceeding, 6 month’s duration. The precise nature and rationale for the short term project will be included in the secondment agreement. It is important that interested employees obtain sufficient information from the recruiting organisation to enable them to make an informed decision as to whether or not to apply for the secondment. Substantive managers – considering a request for secondment Before agreeing to a secondment request, the substantive manager will need to consider the implications of releasing the employee for the period of time in question, for example: • whether permission to recruit to the vacated post on a fixed-term basis is likely
to be granted by the Head of Service. If permission is not granted, this may inform the substantive manager’s decision as to whether to approve the secondment or not;
• additional work that may fall to colleagues if the employee cannot be replaced during the secondment;
• impact on the service and customers; • peaks and troughs in work activities and whether these coincide favourably or
unfavourably with the timescale of the secondment;
Terms and Conditions of Employment Before initiating a secondment, it is necessary to establish that the Council is entering into a secondment arrangement rather than a TUPE transfer. Guidance can be obtained from HR Services who, in turn, may liaise with Legal Services as necessary regarding the agreement. The details of any changes to an employee’s terms and conditions during the secondment will be included within the secondment letter. Before entering into any form of external secondment, consultation and negotiation between the substantive and host managers and the employee should take place regarding the conditions of service under which the employee will be working for the period of the secondment.
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The employee will remain subject to the policies, procedures and contractual terms and conditions of the Council including its performance management policies (Disciplinary, Grievance, Attendance Management, Capability and Dignity at Work), but will be expected to observe the policies and protocols of the external organisation they are being seconded to. As the employee remains in the employment of the Council, their contractual management will continue to be the responsibility of their substantive (CBC) manager - for example, booking annual leave, sickness recording and monitoring, although day to day supervision will be undertaken by the host manager. The substantive manager will need to liaise closely with the host manager regarding the employee’s contractual management and will need to agree the timing and duration of annual leave requests; the host manager will need to be familiarised with the Council’s procedures and processes. HR Services will be able to provide details of other conditions of service which the line manager may need to consider. Back to Contents
External Secondment Agreement Following consultation, the substantive (i.e. CBC) manager and host organisation’s manager will be required to sign a formal Secondment Agreement, prior to the arrangements commencing, setting out the terms of the secondment and acknowledging their understanding and acceptance of the new way of working. The employee will be issued with a Temporary Variation to Contract Letter. The agreement will ordinarily be drawn up by the organisation who employs the secondee. As it is a legally binding document, the advice of Legal Services must be sought to enable the proper preparation of the secondment agreement. A checklist of information that the line manager should consider when arranging a secondment is attached at Appendix A. This list is not exhaustive but it serves to identify the main issues and some possible pitfalls. In addition, the following should be noted:– Back to Contents
Pensions LGPS members It is important to note that the employee will continue to be paid by the Council for the duration of the secondment agreement to ensure that membership of the Local Government Pension Scheme (if applicable) will remain unaffected. It is advisable for the employee to seek the advice of the Pensions Section at County Hall so that they are fully aware of any impacts on pension entitlements. The Pensions Section can be contacted by email at [email protected]. Back to Contents
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Performance Management As the employee remains in the employment of the Council, their performance management will continue to be the responsibility of their substantive (CBC) manager. The host organisation will be required to alert the employee’s substantive manager of any performance or conduct issues that arise. The substantive manager will be responsible for invoking any action required, formal or informal, under the appropriate CBC performance management policy and procedure. The advice of HR Services should be sought by the substantive manager as necessary. Grievances and Complaints As above, if a grievance or dignity at work complaint is raised by a Council employee against an employee of the host organisation, or vice versa, the policy and procedure of the respective employer will be followed. Both organisations should co-operate in any investigation or formal proceedings invoked by the other organisation. Back to Contents
Supervisory Responsibility Day to day management and supervision of the seconded employee will normally be in line with the host organisation’s accepted practices except where other specific arrangements apply. In some circumstances the host manager may be from a different professional background to the seconded employee and it may be necessary to make arrangements for an appropriate person to provide support and advice to the employee and the manager on professional issues, to act as a professional mentor and provide practice supervision to the employee where appropriate. Back to Contents
Professional Registration It may be necessary for some employees to return to their substantive Council duties for a short period during the secondment in order to satisfy any statutory requirement to maintain their professional registration. Any such requirement should be made explicit in the secondment agreement and Temporary Variation to Contract letter. Back to Contents
Organisational Change
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Consideration should be given to informing the host organisation of any proposed restructuring and redundancy which may affect a seconded employee. Where an employee’s role is made redundant then any secondment will also terminate. If the employee is offered and accepts continuing employment with the host organisation they should be aware that their entitlement to a redundancy payment from the Council could be affected. Employees should seek HR advice via the ESC. Back to Contents
Review Arrangements Periodic review dates should be specified at the beginning of the secondment for the host and substantive managers and the employee to discuss the ongoing progress of the secondment. It is crucial that the employee and the substantive manager remain in regular contact and that the substantive manager conducts the employee’s PDR in preparation for their eventual return to their substantive post. Back to Contents
Following the Back to Contents
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APPENDIX A
Secondment Arrangements - Checklist The following must be considered in order ascertain the appropriateness of a secondment: Internal Secondment
• How long the secondment will last; • What happens if any of the parties to the arrangements wish to end the
secondment early; • What the agreed notice period should be for termination of any of the
parties concerned; • What specific contractual obligations the employee will have to fulfil, and for
whom; • Confirmation that the salary, grade and terms and conditions will be those
applicable to the advertised fixed term post during the secondment and the impact of departments recharging and recovering salary costs etc;
• The supervisory arrangements to be followed during the secondment; • Day to day line management responsibilities for a seconded member of staff,
for example, reporting absence due to ill health, approving holidays; • Any reasonable adjustments required.
External Secondment
• How long the secondment will last; • How any parties to the arrangements can end the secondment early; • What the agreed notice period should be for termination; • What specific contractual obligations the employee will have to fulfil, and for
whom; • Who is responsible for pay and other benefits during the secondment; • Charging/re-charging arrangements; • Responsibility for disciplinary / performance issues; • What obligations the employer and host organisation will have to each other; • The procedures and supervisory arrangements to be followed during the
secondment; • Day to day line management responsibilities for a seconded member of staff,
for example, reporting absence due to ill health, approving holidays; • What travelling and subsistence expenses the employee will be eligible for,
the rates that will apply and who will be responsible for reimbursement; • Any reasonable adjustments required; • Release of the employee for training and/or maintenance of professional
qualifications, and which party will meet the cost of training; • What mechanisms the Council manager will put in place so that the seconded
employee can keep in touch;
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Name of Document V1.3 Last date amended: 10/09/12 Date created: 15/05/12 Agreed at Date agreed:
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• Whether access to the Council’s databases and/or computer network is required during the secondment (and is this accessible from the host base). NB It may be necessary to consult ICT Services and/or Legal Services regarding data sharing;
• Whether the Council will be required to share confidential/sensitive information e.g. employment records, service user details with the host organisation.
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APPENDIX B
Secondments – Prior Permission Pro Forma (Employee request to manager for release to undertake a secondment opportunity) I formally request your permission to be released from my substantive post to undertake the secondment opportunity described below for the period specified. I acknowledge that this form does not guarantee my appointment to the secondment post and that I will be required to undergo relevant recruitment and selection procedures.
Details of advertised post – to be completed by employee
Job Title
Scale/Grade
Duration of secondment
Reasons for requesting secondment and benefits to CBC/division/team
Identify any impacts on substantive workload / team etc
Employee’s name (please print)
Employee’s signature
Date
To be completed by employee’s substantive Manager (please tick box as appropriate)
I approve your request to apply for the above secondment on the basis of the information supplied.
I decline your request to apply for the above secondment for the following reasons:
Manager’s Name (PLEASE PRINT)
Signature
Date
IMPORTANT: This form is confirmation of your manager’s permission to be released from your substantive post for this secondment and once completed must be sent by
Name of Document V1.3 Last date amended: 10/09/12 Date created: 15/05/12 Agreed at Date agreed:
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Name of Document V1.3 Last date amended: 10/09/12 Date created: 15/05/12 Agreed at Date agreed:
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either email or hard copy to the Recruiting Manager immediately following your application as it will not be considered unless this form is received.
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Recruitment Approval Request Form v1.2 Last date amended: 09/03/12 Date created: 20/10/2011
APPENDIX C
Recruitment Approval Request Form
Please complete the appropriate section of the form to obtain approval for the following: Section 1 to appoint to a permanent, fixed-term or secondment vacancy. Section 2 for a variation to contract for an existing permanent or fixed-term employee. Section 3 to engage a casual worker. Section 4 is mandatory and must be completed for all requests.
Section 1: Request to recruit to a vacant post (new or established) POST NUMBER (if established post): TEAM: AREA: POST TITLE: SCALE/GRADE: HOURS: FTE:
PROPOSED REASON FOR RECRUITMENT:
Section 2: Request for a variation to an existing contract of employment INCREASE IN HOURS: (Existing Postholder)
From: To:
DECREASE IN HOURS: (Existing Postholder)
From: To:
EXTENSION (for temporary contracts)
From: To:
BUSINESS CASE: (reason for change):
(Continue onto second sheet if necessary)
Section 3: Request to engage a casual worker TEAM: AREA: POST TITLE: SCALE/GRADE: HOURS: PROPOSED REASON FOR USE OF CASUAL WORKER:
Section 4: Authorisation BUDGET CODE:
REQUEST MADE BY: (print name, sign and date)
DECISION CONFIRMED BY HEAD OF SERVICE: (Sign and date)
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APPENDIX D
Template Letter Advising employee of termination of secondment
IMPORTANT NOTE TO MANAGERS: Please use a divisional letter head ensuring it is clearly marked ‘Strictly Private and Confidential’, contains your reference and contact details and is signed and
dated. Dear XXXX, As you are aware you have been employed as a <job title> on a secondment basis from your substantive post as <job title> since <date>. The reason for your secondment was to <insert reason> and this is now coming to an end. This letter is therefore to give you formal notice of the termination your secondment on <date>. You will return to your substantive post as <job title> in <section of the XX department> on <date> on the salary, grade and terms and conditions applicable to that post. Your substantive manager should contact you shortly regarding the arrangements for your return and arrange for a re-induction into the team at a mutually convenient time. In the meantime, I will notify the Employee Service Centre that your secondment is ending and your employment records will be updated to reflect the change from the above specified date. Finally, I would like to thank you for your contribution to the work of <name of post/project etc as appropriate> during the period of your secondment and offer you my best wishes for the future. Yours sincerely Manager
Recruitment Approval Request Form v1.2 Last date amended: 09/03/12 Date created: 20/10/2011 44
APPENDIX E
Date: Ref: Tel: 0116 3058815 Email: [email protected]
PERSONAL
Dear {Name} SECONDMENT – TEMPORARY VARIATION TO CONTRACT OF EMPLOYMENT I am writing to confirm your secondment and to provide details regarding the temporary changes to your terms and conditions during the period of the secondment. During the secondment your current terms and conditions will remain unchanged except as set out in this letter. For the avoidance of doubt your continuous employment with the Council will not be affected by this secondment. These changes shall only apply during the course of the secondment. On the termination of the secondment (for whatever reason) you will return to your substantive post on the terms applying before the secondment and the temporary changes set out in the following pages of this document will cease to have effect. Please note that in accepting the secondment you are agreeing to these changes as a temporary variation to your contractual terms and therefore they amount to a formal contractual arrangement between you and the Council for the duration of the secondment.
Substantive Post Your substantive post is [title] Grade [number] pay point [number]. During the secondment you will continue to accrue incremental increases to your substantive post if these occur during the course of the secondment and would normally be payable in accordance with the Council’s policy. Therefore on your return to your substantive post your salary in that role will reflect any such incremental pay increase that you would have received in that period. If, during the secondment period, your substantive post is subject to reorganisation under the Council’s Organisational Change Policy (or any similar policy that may be in force from time to time) your substantive manager will discuss this with you and ensure that you are kept informed and, where appropriate, consulted alongside other affected employees. If during the reorganisation process you secure a post the secondment may continue subject to the agreement of the manager of your substantive post. If you fail to secure a substantive
Employee Service Centre, Corporate Resources Department Leicestershire County Council, Eastern Annexe, County Hall, Glenfield, Leicestershire LE3 8SR. Telephone (helpdesk): 0116 3058815 Fax: 0116 3056510 Email: [email protected] Brian Roberts, CPFA, Director of Corporate Resources www.leics.gov.uk
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post you will be made redundant and if eligible you will have the opportunity to apply for any vacancies through the redeployment process. Alternatively, you may choose to be issued with a fixed-term contract for the post to which you were seconded, at which time you will be subject to the terms of that contract. If your fixed-term contract is to provide cover for an absent employee (e.g. maternity cover, secondment etc.) the contract will end when the substantive post holder returns. In that situation the termination of the fixed-term contract will not be a redundancy situation and therefore there would be no entitlement to a redundancy payment, even if you have more than 2 years’ continuous service when the contract ends. If during the secondment period the post to which you are seconded is subject to reorganisation under the Council’s Organisational Change Policy (or any similar policy that may be in force from time to time), the secondment will come to an end and you will return to your substantive post. If you do not have a substantive post to return to, each case will e considered on an individual basis. b
Seconded Post Details You will be seconded to the post of [post title] and will commence on [start date]. The secondment will commence on [insert date] and will come to an end no later than [insert date] however the Council reserves the right to terminate the secondment prior to this date, at its discretion, in accordance with the termination provisions set out below. The reason for this secondment is [insert reason].
Duties You are seconded to undertake the duties and responsibilities set out in the job description which does not form part of the contractual arrangements. During the course of the secondment, the job description and the duties may be subject to variation from time to time, following consultation with you, in accordance with the needs of the service. Discussion will take place in advance of any such significant proposed changes. The following sets out the terms of the secondment:-
Place of Work Your place of work for the period of the secondment will be [location].
Hours of Work Your normal working week is one of [number] hours [day] to [day]. For posts which are graded SO1 and above, employees may be required to work hours in excess of 37, outside of the flexible working hours scheme, to meet the operational needs of the service.
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Salary The post has been evaluated at grade [number] pay points [number] to
[number], and attracts a full-time salary range of £[amount] to £[amount] per annum, awarded on a pro-rata basis to part-time employees.
Your starting salary is £[amount] pay point [number]. Subject to satisfactory service your salary will rise in accordance with the Council’s policy until the termination of the secondment, or until you have reached the maximum for the grade. Where secondments are made at the maximum pay for a particular grade there will be no incremental rise during the secondment. You will be paid calendar monthly in arrears, in twelve equal payments on the 25th of each month. It is a condition of appointment that you accept salary payment by means of credit transfer into your nominated bank or building society account.
Management Arrangements During the secondment you will be managed by the directorate responsible for your seconded post. Therefore, any terms in your current contract of employment or any policies which refer to a line manager should, during the course of the secondment, be read as referring to the manager of your seconded post (the “host manager”) including, but not limited to, policies relating to sickness absence (and reporting), disciplinary, performance management and attendance management. During the secondment any requests for annual leave should be made to the host manager. The host manager will be responsible for approving any such requests subject to the needs of the service. If, during the secondment, there are any issues which affect your substantive post or your return to it, you will be contacted by your substantive post manager who will discuss these with you and ensure that you are kept informed and, where appropriate, consulted alongside other members of staff. If, during the course of the secondment, there are any issues which may affect your substantive post or your return to it you will need to ensure that you contact your substantive post manager to inform them of such issues and to discuss these with you.
Disciplinary and other issues Any disciplinary, capability or attendance management concerns that arise during the secondment which relate to your seconded post shall be addressed by the host manager in accordance with the Council’s usual policies and procedures. If any issues arise in respect of your substantive post during the secondment, then such issues will be addressed by your substantive post manager in accordance with the Council’s usual policies and procedures. If, during the secondment, you wish to raise a grievance or similar complaint which arises in the connection with the secondment, such matters should be raised with the host manager
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or, if it relates to that person, their manager. Any matters which relate to your substantive post should continue to be raised as usual with your substantive post manager. For the avoidance of doubt, if you are suspended during the course of the secondment in respect of any allegations of gross misconduct arising out of your substantive role and the secondment is terminated your terms and conditions, including those relating to your pay, will revert to your substantive terms and conditions as they were immediately prior to the secondment save for any increase in pay that may have accrued, as set out above. If your employment is terminated during the course of the secondment, the secondment will be deemed to have automatically come to an end immediately prior to such termination and you will receive notice of termination (where applicable) in accordance with your substantive post.
Termination of the Secondment The secondment will terminate automatically without the need for notice on [insert end date] at which time you will return to your substantive post. The secondment may be terminated at any time prior to that date by the substantive post manager, the host manager, or you giving the contractual notice relevant to the grade of the post. In exceptional circumstances it may be necessary to recall you to your substantive post at short notice, and terminate the secondment arrangement without serving the contractual notice period attached to the seconded post. If you are unable to work for a consecutive period of 3 months or more, the host manager may terminate the secondment by giving the contractual notice relevant to the grade of the post. This agreement may be extended beyond the end date with the agreement of you, your substantive post manager and the host manager. Where the agreement is extended any changes to the terms and conditions of the secondment and the new end date for it will be confirmed in writing.
Other Conditions of Service All other conditions of service will remain unchanged with the exception of those that are related to the grade of the post. These are as follows:
• Annual leave entitlement full time (pro-rata for part time employees), Grades 1 to PO (Inclusive) – 22 days annual leave, rising to 27 days after 5 years continuous service. Please note employees who have continuous Charnwood Borough Council service prior to 1 January 2000 are entitled to an additional day’s annual leave. Grade 1 to PO is 28 days.
• Notice of termination of employment • The provisions of the Local Government (Politically Restricted Posts) No. 2
Regulations 1990. If the post into which you have been seconded is politically restricted, you will be notified by the host manager.
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Miscellaneous If the post into which you are seconded becomes available on a permanent basis, it will be advertised in open competition and the normal recruitment and selection procedures will apply. Please confirm your acceptance of this variation to your contract of employment by signing the enclosed copy of this letter and then return it to the address below. Yours sincerely Name LCC - HR Team Employee Service Centre
I hereby confirm my acceptance of the secondment and temporary variation to my contract of employment in accordance with the terms and conditions set out above.
Signed
Dated
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