Secondment. Managing People. Secondment Fife Council May TE12 CONTENTS. Tracking Secondments What is a Secondment? 2

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1 G u i d e l i n e s CONTENTS 1. What is a? 2 Definition 2 Identifying a Opportunity 2 Terms of Employment 2 2. Application for 2 Temporary Posts 3 Exchange of Employees Scheme 3 3. Before 3 Reaching Agreement 3 Payment for 4 Written Confirmation 4 Induction and Training 4 Backfilling of the Substantive Post 5 4. During 5 Tracking s 5 Contact with Substantive Service 5 5. Returning from 6 6. Changing the Duration of a 6 7. s Outwith Fife Council 6 Terms and Conditions of Employment 6 Responsibility for Salary 7 Pension 7 Responsibilities for Health and Safety 7 8. Manager Checklist for Considering a Request 8 9. Quick Reference Guide Managing s 10 Supervision or Contribution Management 5 Fife Council May TE12

2 1. What is a? Definition A secondment is where an employee temporarily transfers to another job for a defined period of time for a specific purpose, to the mutual benefit of all parties. A secondment job can be full-time, part-time or job share. Given the need for induction and training, it is unlikely a secondment of less than four months would be effective. Instead managers should consider offering acting up duties. For more information see advice on additional payments when undertaking higher duties from FISH. Identifying a Opportunity If a single suitable employee with the right skills has been identified for a defined project or piece of work, the secondment may be agreed. There will be no need to advertise. If a more than one employee is suitable, managers may wish to use a selection process. Alternatively, employees can request to undertake a secondment as part of their development for Contribution Management. Approval will be subject to the needs of the Service. Terms of Employment Pay will usually be at the grade of the secondment post. A Service may agree to pay the difference in salary where this is lower than the employee s current grade. If the secondment is for two years or less the employee will normally return to his or her substantive post. If the secondment is for more than two years but less than four years the employee will return to the same type of work but this may be within a different section. The employee will usually return at the substantive pay level including appropriate increments. When a secondee cannot return to their substantive post, the substantive manager will explain the reasons why this is not possible (Managing Change, Service provision etc.) In these circumstances, managers should first consult HR Direct to ensure that all alternatives have been considered. Note: if a Teacher undertakes a secondment for more than 2 years, he or she is entitled to preservation of that salary and conditions even if he or she returns to his or her substantive (lower) post. Employees continuity of service will not be affected as long as the secondment is internal and Fife Council remains the (contractual) employing organisation. 2. Application for If a manager has identified an employee with the suitable skill-set, the secondment should be discussed in detail with the employee. Ideally, the employee should be given reasonable time to consider the opportunity before deciding whether to accept it. Fife Council May TE12

3 An employee requesting a secondment must obtain approval from his or her manager before applying. The manager will discuss with the employee whether it is possible for him or her to be released. Requests will not be unreasonably refused. If a request is refused the employee should be told the reason for refusal. Alternative development opportunities may be suggested. If an employee believes the reasons for refusal are unreasonable he or she can discuss this with the manager s manager. 12BUTemporary Posts A temporary post can be considered as a secondment opportunity if it meets one or both of the necessary criteria i.e. meeting an organisational or development need. An employee should request to be released from his or her substantive post in order to apply for the temporary vacancy. If permission is not given but the employee decides to take the job this is UnotU a secondment. The employee must resign and will then be treated as a temporary employee. This may result in the employee being fairly dismissed from employment with the Council at the end of the temporary contract. Depending on the reason for the temporary contract the employee may be entitled to redundancy pay. Redundancy pay will be based on the employee s original start date with the Council. The Service employing the person will incur all of the costs. For more information see HUTE11 Temporary Employment GuidelinesUH and current legislation, for example, the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations BUExchange of Employees Scheme This scheme allows for employees to temporarily second to another organisation (within the UK or abroad). should be to a similar Section or Service whenever possible. The secondment would be for a defined period of time and up to three months in total. Employees have the option to swap jobs with a European colleague or take a work placement on a shadowing basis with no exchange taking place. Once the employee has identified a suitable exchange opportunity, their line manager should contact HR Direct for specific advice. 3. 2Before Before authorising, managers must fully assess the feasibility of releasing an employee to undertake a secondment. Section 8 contains an example checklist for managers who are considering a secondment request. 14BUReaching Agreement The substantive manager must discuss the development objectives and contact arrangements with the employee and secondment manager. The secondment agreement must be approved by all three parties and should include: Clear reasons for the secondment Fife Council May TE12

4 Start and end dates Clear arrangements for maintaining communication with the substantive manager Training requirements Replacement arrangements Statutory obligations Expected benefits of the secondment Monitoring arrangements For certain groups of staff statutory requirements for maintenance of professional registration (e.g. SSSC) must be explicit in the agreement. 15BUPayment for Normally, the Service that receives the secondee will pay his or her salary during the secondment period. For a secondment outwith the Council payment may be processed differently. This is outlined in section 7 s Outwith Fife Council. 16BUWritten Confirmation The secondment manager is responsible for providing written confirmation of the secondment as a temporary contractual change. This must be sent to the secondee before starting the secondment. A copy should be sent to the secondee s substantive manager. The substantive manager is responsible for issuing an amendment letter. This compliments the confirmation letter. It must include: end date Maximum period of release Implications (if any) on the employee s terms and conditions of employment Time-scales for notice of recall or change to secondment agreement Arrangements for maintaining contact between substantive manager and secondee For more information see HUTE53 Letter TemplatesUH. Both managers must also alert their relevant Service payroll administration team to ensure Delphi Payroll records are amended. 17BUInduction and Training An induction appropriate to the job and the experience of the secondee should be arranged. For more information see HUIN11 Induction GuidelinesUH. Fife Council May TE12

5 18BUBackfilling of the Substantive Post Options to cover for the seconded employee include: Redistribution of workloads throughout the remaining team Backfill with a secondment Backfill by recruiting on a temporary basis If a replacement is recruited, this must be done on a temporary basis so that there is no increase in establishment. It must be confirmed in writing to the employee who is backfilling the secondment that the work is temporary until the secondee returns to his or her substantive post. The temporary contract should ideally be for a defined period. If this is not possible the contract must explicitly state that employment will end when the secondee returns to his or her substantive post. There should be a provision to end the contract early if required. This would be needed if the secondment ended early. 4. 3BDuring 19BUSupervision or Contribution Management A copy of a secondee s most recent supervision or Contribution Management agreement should be made available to the secondment manager to support continuing development throughout the period of secondment. A copy of the final secondment Contribution Management agreement should be sent to the employee s substantive or new manager at the end of the secondment. 20BUTracking s Because individual managers change roles over time, Services must keep track of all secondments using Delphi or a dedicated database to ensure they do not continue indefinitely. Reports should be run periodically to ensure secondments are regularly reviewed and do not run over the termination date as this may have a significant impact upon the employee s terms and conditions of employment. 21BUContact with Substantive Service It is important to ensure that the secondee maintains contact with, and receives information from, his or her substantive team / Service. This is the joint responsibility of the secondee and his or her substantive manager. It may include: Providing team and, or, Service meeting minutes Keeping the employee on relevant group mailing lists (post and ) Information regarding team or substantive role changes Arranging regular informal meetings Remembering to invite them to work related social events It is also vital to ensure that a secondee should be considered as part of any Managing Change process within his or her substantive Service / section. Fife Council May TE12

6 5. Returning from Ideally, planning should commence no later than four weeks before the date of secondee s return. His or her role, location, work priorities and future Contribution Management objectives should be considered. If the secondment has been longer than two years or significant change has occurred during it, re-training and, or, re-induction may be required. To assist with personal and business learning the secondee should meet his or her secondment line manager to evaluate and review the learning points from the secondment. (It may be useful to use the framework of an exit interview.) For more information see RS15 Exit Interviews Procedure and RS62 Exit Interview Model Forms. The employee should meet his or her substantive, or new, line manager to review the key learning from the secondment and discuss how this can be used in his or her permanent post. For more information see Contribution Management documentation. 6. Changing the Duration of a If any party wants to change the length of the secondment (including early termination) this should be discussed between all relevant parties and ideally agreed four weeks before the original end date of the secondment. It may not be possible to agree such requests due to service delivery or other reasons. If the secondee becomes pregnant during the secondment, it is advised that a meeting be arranged between all parties. The meeting will provide an opportunity to discuss whether the secondment will continue while the employee is on maternity leave (depending on the duration of the secondment). Managers should contact HR Direct for advice before the meeting. Any temporary employee covering for the secondee must be given the proper notice of early termination of the contract. 7. s Outwith Fife Council This section addresses issues specific to the secondment of employees into or from organisations outwith Fife Council. Before an employee undertakes a secondment outwith Fife Council, a contractual agreement must be negotiated detailing arrangements between both organisations. An example contract is available in TE53 Letter Templates. The agreement must be confirmed and accepted in writing. Terms and Conditions of Employment To ensure a secondee s best fit into another organisation it is desirable that he or she take up the secondment organisation s terms and conditions as far as practicable. It is important to review the terms and conditions of both organisations and issue an amended statement of particulars detailing any changes to terms and conditions during the period of the secondment e.g. place of work, salary, leave arrangements, sickness reporting etc. Fife Council May TE12

7 To ensure continuity of service Fife Council must remain the secondee s employing organisation. There are also contractual elements where Fife Council conditions must apply e.g. disciplinary procedure. Responsibility for Salary The substantive employing organisation should remain the paying agency for tax and pension purposes. It will invoice the receiving organisation for the reimbursement of salary and other direct employment costs during the secondment. According to HMRC rules, VAT may or may not need to be added. Therefore before drawing up a contractual agreement, managers should contact the Accounting Control Team in Finance and Resources. In exceptional circumstances the secondee may be paid directly through the payroll of the secondment organisation, e.g. where pay scales are more suitable to the salary of the secondment post. Pension If an employee is in the Fife Council Pension Scheme and continues to be paid through our payroll, the secondee can remain a member of the pension scheme during the secondment. If an employee is to be paid directly by the external organisation his or her continued membership of the Local Government Pension Scheme depends on whether it is an admitted body under the pension regulations. If not, the secondee would not be eligible to pay into the Local Government Pension Scheme during the secondment. Secondees should check their personal circumstances directly with the Pensions Section. For more information and a list of admitted bodies see RS55 Employment in Local Government Modification Order (Associated Employers). Responsibilities for Health and Safety The secondment employer will be responsible for the Employers Liability Insurance and have a duty of care under the relevant Health and Safety legislation for the secondee. Fife Council May TE12

8 8. 7BManager Checklist for Considering a Request The following questions provide a checklist to allow managers to make an informed decision and record the information required for future correspondence. Point Consideration Required Included in Letter What is the reason for the secondment? What are the benefits to the employee for undertaking the secondment? What are the benefits to the Service/ Council? Is the secondment within or outwith the Council? - Is there an existing Agreement? - Who pays secondee s salary? - Are there pension implications? - How will supervisory and disciplinary matters be dealt with? - Health & Safety responsibilities Suitable employee identified? Request received from employee? If Request Is Granted What are the financial implications on the team? - Who pays? - What budget? During the secondment, how will the main duties & responsibilities of the secondee be covered? - Redistribution of work? - Recruiting a replacement? What are the terms & conditions of the secondment post? - How do they differ to the employees current T&Cs? What are the start and end dates of the secondment? What arrangements are in place should any party wish to terminate or change the secondment? Notes Fife Council May TE12

9 Point Consideration Required Included in Letter Notes If Request Is Granted (continued) What are the training requirements of the secondee? How will I keep in contact with the secondee? - Contribution Management arrangements? How will I keep track of the secondment to ensure it does not continue indefinitely? Does the secondee need to maintain Professional Registration during his or her secondment? What are our statutory obligations? If Request Is Refused Reasons for Refusal - What will the impact be on the employee? Are there any alternative options whereby the employee could attain the benefits without having to be seconded? 26BUCorrespondence Checklist Correspondence Sent Letter to employee Letter to secondment Manager Letter & contract to external secondment organisation Letter to Service Admin team for Delphi Payroll amendments Fife Council May TE12

10 9. Quick Reference Guide Managing s The following table summarises issues to be considered before, during and after secondment. Before The Identify reasons for secondment During The Training requirements After The Evaluation of secondment Assess secondment is most appropriate method of filling the post Monitoring arrangements Reintroduction into substantive workplace Assess implication on employee/ team/ Service delivery and anticipated benefits Maintaining contact with substantive manager / team regarding proposed changes or developments to substantive post Training and re-training requirements Can Service delivery be maintained without replacing the employee? (e.g. reallocation of work) Maintaining professional registration Networking opportunities Negotiate Agreement if involving external organisation. Consider replacement arrangements & financial implications Contribution Management utilising knowledge, skills & experience gained from secondment into substantive post. Negotiate and agree specifics of secondment with all parties, confirm in writing & update Delphi. Training requirements Fife Council May TE12

11 Before The Statutory obligations During The After The Keeping in touch arrangements Confirm secondment in writing Produced by Fife Council Human Resources Section 26 May 2008: Issue Number 3.0 Fife Council May TE12