The Newcastle upon Tyne Hospitals NHS Foundation Trust. Employment Policies and Procedures. Secondment Policy

Transcription

1 The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Policies and Procedures Secondment Policy Version No.: 4.1 Effective Date: 19 July 2016 Expiry Date: 20 May 2018 Date Ratified: 19 July 2016 Ratified by: Employment Policies & Procedures Consultative Group 1 Introduction 1.1. The purpose of this policy is to ensure a structured, systematic and consistent approach to the use of secondments; internal and external to the Trust In adopting this policy the Trust recognises the value of secondments in creating a more flexible and responsive organisation by increasing staff knowledge, abilities and skills through broadening experience. 2 Scope 2.1 The policy applies to all employees who are seconded from their substantive post to another post, covering; a) internal secondments within the Trust b) external secondments to other (NHS and non-nhs) organisations 2.2 The policy also applies to those employed by external (NHS and non-nhs) organisations, who are seconded from their substantive employment to a post within the Trust. They will remain contractually employed by their substantive employer. 2.3 The type of work or posts that may be suitable for an internal or incoming secondment include: a project or assignment the introduction/implementation of a new system, process or initiative temporary cover for long term sickness or other absence or a specified task of limited duration an interim position prior to filling an existing vacancy or making a new appointment fixed term training posts 3 Aims The aims and objectives of this policy are; Page 1 of 22

2 to provide guidance and advice to employees and managers on the process of requesting and agreeing a secondment within and out with the Trust. to provide equitable access to secondment opportunities to ensure effective communication and accountability arrangements are in place for all seconded staff to ensure arrangements are formalised through an agreed secondment agreement for all external secondments 4 Duties roles and responsibilities 4.1 The Executive Team is accountable to the Trust Board for ensuring Trust-wide compliance with policy. 4.2 Directorate managers and heads of service are responsible to the Executive Team for ensuring policy implementation. 4.3 Managers are responsible for ensuring policy implementation and compliance in their area(s). The receiving manager will be responsible for: seeking the relevant approval for secondment opportunities (e.g. via Recruitment Control Group) appropriate induction to the new working area setting performance objectives for the period of the secondment reviewing and managing the employee s performance maintaining regular contact with the seconding manager 4.4 Staff are responsible for complying with policy. 4.5 The HR Department will be responsible for advertising all secondment opportunities in accordance with the Trust s Recruitment and Selection Policy, ensuring all employment checks are undertaken in accordance with the Employment Check Standards and, in the case of incoming secondees, ensuring Trust Induction takes place. 5 Definitions 5.1 Secondment: For the purposes of this policy a secondment is defined as the temporary placement of an employee to another organisation, or to a different role in the same organisation, for a specific purpose, for a specific time to the mutual benefit of all parties, where the intention is for the individual to return to their substantive post/organisation at the end of the secondment 5.2 Interdepartmental secondment: A secondment within a department, where both the seconding and receiving managers are part of the same management structure. Page 2 of 22

3 6 Process 6.1 Eligibility All permanent staff are eligible to be considered for secondment opportunities, but the Trust reserves the right to decide each case on its own merits with due consideration of service needs, for example: additional costs such as training ability to recruit additional staff planned organisational changes impact on patient care and service delivery performance/ wellbeing issues 6.2 Secondment process General principles All posts considered suitable for secondment should normally be advertised and handled in accordance with the Trust s Recruitment and Selection Policy. Normal selection processes will run in parallel with this procedure. If a position is advertised as a secondment/temporary opportunity, the advert must clearly state this and the reason for the temporary nature of the position (i.e. see 2.3) Staff wishing to apply for an internal or external (outgoing) secondment should first complete the secondment request form (available on the intranet) which must be countersigned by their substantive line manager or manager with the appropriate authority The substantive line manager should respond to the formal request in writing within five working days Copies of all correspondence must be forwarded to the Human Resources Department by the line manager. All correspondence will be retained on the personal file When assessing a request, managers should consider the following: are there clear reasons identified for the secondment? are there clearly identified start and end dates? the training requirements and training needs during and following a period of secondment the replacement costs and cover arrangements can these be accommodated? statutory obligations appraisal arrangements anticipated benefits the arrangements for return to the substantive post the requirement to and methods of maintaining contact during the secondment exit/career plans for fixed term training posts Page 3 of 22

4 If a secondment is being sought for an employee whose right to work is via a Certificate of Sponsorship then advice must be sought from the Human Resources Department to ensure UKBA regulations are adhered to at all times and advice sought regarding the validity of the current Certificate of Sponsorship for an alternative post Where a secondment request is approved, managers must ensure everyone connected with the secondment is clear on the arrangements. This will include the employee, the seconding manager, the host manager, Human Resources, Payroll and Finance (for external secondments) The HR Department will be responsible for ensuring all of the requirements defined by NHS Employment Check Standards have been satisfied. An external (incoming) or internal secondment cannot commence until all necessary checks have been undertaken If a secondment is being sought for an employee whose right to work is via a Certificate of Sponsorship then the Human Resources Department should ensure UKBA regulations are adhered to at all times UKBA are informed as per the regulations and any necessary documentation is completed Where an internal or external (incoming) secondment is agreed the HR Department will: issue revised contractual documentation update ESR accordingly advise payroll of the alternative pay slip address arrange access to appropriate IT systems, including ERA arrange for an ID badge 6.3 Secondment process - Internal secondments Where the secondment request is not recommended for approval, the substantive line manager must forward the request and response to the Human Resources Department for recording on the personal file Where the request is recommended for approval, a copy of the secondment request form and the response should be forwarded to the recruiting manager If the applicant is unsuccessful, the recruiting manager should forward the request and response, with the unsuccessful candidate paperwork to the HR Department (Recruitment) If the applicant is successful, the recruiting manager should send the request and response with the successful candidate paperwork, (indicating on the post appointment form that the Page 4 of 22

5 position type is secondment ) to the Senior HR Manager, for approval The HR department will then undertake the appropriate preemployment checks and fulfil its responsibilities as outlined in Once it is agreed that the secondment may commence, the HR Department will send a confirmation letter, confirming the start date of the secondment, outlining the position is offered on a secondment basis, the term of the secondment, the reason for the temporary nature of the position and the arrangements for the end of the secondment term Where an interdepartmental secondment is agreed, there will be no requirement to complete the secondment request form, but there is a requirement to provide the successful candidate paperwork (indicating on the post appointment form that the position type is interdepartmental secondment ) to the Human Resources department. 6.4 Secondment process - External secondments (incoming) If the external applicant is successful, and wishes to commence on a secondment basis, the recruiting manager should indicate on the post appointment form that the position type is secondment The HR Recruitment Team will then undertake the appropriate preemployment checks and fulfil its responsibilities as outlined in It will be the responsibility of the line manager to ensure that a formal written agreement is in place prior to the secondment commencing (appendix 1) Specific consideration must be given to cross charging arrangements i.e. the reimbursement of salary, contractual and statutory sick pay, maternity, paternity, adoption, shared parental leave pay/expenses. The line manager will be responsible for liaising with Finance and identified individuals in external organisations to ensure that appropriate cross charging arrangements are in place. Ordinarily the secondee s substantive employer will pay their employee the appropriate salary/pay/expenses and will re-charge the Trust via a set fee, as defined in the secondment agreement Specific consideration must be given to the management of staff in relation to Trust s and Substantive employer s policies including, disciplinary, capability, absence management (including the notification of sickness absence) and special leave (including whether the individual is a Reservist). This must be documented within the Secondment Agreement. Page 5 of 22

6 During a secondment employees will continue to be subject to Trust policies and procedures. 6.5 Secondment process - External secondments (outgoing) A copy of the request and response must be forwarded to the Senior HR Manager for approval. The Human Resources department can be contacted for advice as necessary It will be the responsibility of the line manager to ensure that a formal written agreement is in place prior to the secondment commencing (appendix 2) Specific consideration must be given to cross charging arrangements i.e. the reimbursement of salary, contractual and statutory sick pay, maternity, paternity, adoption, shared parental leave pay/expenses. The line manager will be responsible for liaising with Finance and identified individuals in external organisations to ensure that appropriate cross charging arrangements are in place. Ordinarily the Trust will pay the employee the appropriate salary/pay/expenses and will re-charge the organisation the individual is seconded to, via a set fee, as defined in the secondment agreement Specific consideration must be given to the continued management of staff in relation to Trust policies including, disciplinary, capability, absence management (including the notification of sickness absence) and special leave (including whether the individual is a Reservist). This must be documented within the Secondment Agreement. During a secondment employees will continue to be subject to Trust policies and procedures Once the secondment is agreed and approved, the HR Department will make the appropriate amendment to the ESR assignment to reflect that the individual is out of the Trust on secondment. 6.6 Terms and conditions of employment Throughout any period of (internal or External outgoing) secondment, staff will normally remain employed by the Trust and remain on the Trust s payroll. During the period of secondment, Trust terms and conditions, policies and procedures will apply and the time spent on secondment with another employer within or outside the NHS will not affect continuity of employment and associated terms and conditions. 6.7 Salary (Internal and external outgoing) Where the remuneration of the secondment opportunity is at a higher or lower level than that of the employee s substantive post, the Page 6 of 22

7 remuneration applicable to the secondment post will apply for the duration of the secondment Basic pay and allowances will not be protected if the secondment is on a lower band On returning to the substantive post, the original terms and conditions of the substantive post will apply and the employee will revert to the incremental date applicable immediately before the secondment commenced with due regard being given to service in the seconded post when assessing the appropriate point on the scale Secondments to a higher banded post, where the receiving organisation is an NHS organisation, will be treated as temporary movement to a higher band and paragraphs of the Agenda for Change national agreement will apply in respect of incremental date during the secondment. 6.8 Duration If the employee is subsequently appointed on a substantive basis in the same higher banded post directly at the end of the temporary movement, the incremental date will be the date the employee moves substantively into the higher banded post, providing the temporary movement into a higher band resulted in only one extra pay point. Where a temporary movement into a higher band results in more than one extra pay point, the incremental date will change to the date of the temporary move; should this subsequently be made permanent, the incremental date will remain as the date of the initial, temporary change Secondments will normally last between a minimum of three months and a maximum of two years; this may vary according to circumstances. The period of secondment must be agreed and clearly defined in the secondment agreement, signed by all parties; the seconding manager/organisation, the employee and the host manager/organisation. A model agreement for use in relation to external secondments is provided in appendix 1 and 2 to this policy In the case of internal secondments, this must be clearly defined in the offer letter along with the anticipated arrangements for the end of the secondment (e.g. the individual will return to their substantive post), 6.9 Returning to the Substantive Post Where a secondment has been agreed employees will have the right to return to the substantive post unless a redundancy situation arose during the period of secondment or there is some other reason why it is not reasonably practicable to return to the original job. In such circumstances staff will be fully consulted. Page 7 of 22

8 6.9.2 It is recognised that in certain circumstances there may be an overriding business need to fill the substantive post on a permanent basis. In these circumstances staff must be consulted first and given the opportunity to return to the post they have vacated At the end of the secondment if the staff member does not return to the substantive post, but is successful in gaining a consecutive secondment, then s/he will no longer retain the right to return to their substantive post, but will retain their permanent contract of employment and may be redeployed within the organisation at the end of the new secondment term Professional Registration The statutory requirements for maintenance of professional registration during the period of the secondment must be explicit within the secondment arrangements. It will be implicit on the employee and the line manager to liaise with the professional body prior to the secondment being agreed to ensure the requirements of the professional body are met to assure continued registration. It will be the employee s responsibility to provide evidence of any renewed registration during the period of secondment to both the host manager and the seconding manager Appraisal / Mandatory Training Arrangements An annual appraisal must take place in accordance with Trust policy. Agreement must be reached at the start of the secondment regarding arrangements for appraisal. Appraisal arrangements must be explicit within the secondment agreement. The employee must continue to meet the mandatory training requirements of both roles and agreed through the annual appraisal process Maintaining Contact There is a dual responsibility on the employee and the substantive manager to maintain regular contact. This will ensure the employee is kept informed about on-going developments, changes and general information about the department and team Notice Periods The notice period for termination by any party must be agreed in advance and documented in the secondment agreement Secondment opportunities will normally be allowed to run their course. However the Trust reserves the right, in exceptional circumstances, to recall staff prematurely if required. Termination prior to the expiry of the secondment will normally be subject to the agreed period of notice outlined in the secondment agreement. Page 8 of 22

9 Every effort will be made to redeploy those who may be misplaced in the event of an early termination of the secondment arrangements Health and Safety The host employer will be responsible for the Employer s Liability Insurance and have a duty of care under the relevant Health and Safety legislation for the secondee. 7 Training Training will be provided by the Human Resources Department to key staff following implementation of the policy. 8 Equality and Diversity The Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not unlawfully discriminate against individuals or groups on any grounds. This policy has been properly assessed. 9 Monitoring Compliance with the Policy Standard / Process / Issue Ascertain the number of Trust employees on secondment within and out-with the Trust in the last 12 month rolling period Ensure preemployment checks are completed prior to a secondment commencing Ensure relevant paperwork is completed and recorded on file (e.g. secondment application form, postappointment form) Monitoring and Audit Method By Committee Frequency Reporting of Director of Heads of Annually information Human Human from ESR Resources Resources and files held Meeting for incoming secondments Reporting of information from ESR and files held for incoming secondments File audits Director of Human Resources Director of Human Resources Heads of Human Resources Meeting Heads of Human Resources Meeting Annually Annually 10 Consultation and review of this policy This policy has been reviewed in consultation with the Employment Policies and Procedures Consultative Group. Page 9 of 22

10 11 Implementation of the policy (including raising awareness) A summary of the key changes will be notified to managers following implementation. Further advice and guidance will be available from the Human Resources Department. 12 References 1) NHS terms and conditions of service handbook available at dconditionsofservicehandbook/pages/afc-handbookrp.aspx 2) Health and Safety at Work Act etc 1974 available at 13 Additional documents Annual Leave and General Public Holidays Appraisal Policy Senior Medical & Dental Staff Appraisal procedure (non-medical staff) Disciplinary Policy and Procedure Employee Wellbeing Policy Incorporating Absence Management Procedure Grievance Procedure Maintenance of General Medical/General Dental Council Registration Pre-employment checks and use of the Disclosure and Barring Service policy Professional Registration (General Medical/General Dental Council) Professional registration policy Recruitment and Selection (Junior Medical and Dental Trust Doctor posts) Recruitment and Selection (Non-Medical) Recruitment and Selection (Senior Medical and Dental) Page 10 of 22

11 THE NEWCASTLE UPON TYNE HOSPITALS NHS FOUNDATION TRUST SECONDMENT AGREEMENT (Incoming) Appendix 1 THIS AGREEMENT is made on?<date> BETWEEN: (1) THE NEWCASTLE UPON TYNE HOSPITALS NHS FOUNDATION TRUST of Freeman Hospital, High Heaton, Newcastle upon Tyne NE7 7DN ( the Trust ) (2) <Name of person on secondment> the Secondee") (3) <Name of secondment organisation> (the Employer ) WHEREAS The parties have agreed that the Secondee shall be seconded ( the Secondment ) to the Trust upon the terms of this Agreement with effect from <date> IT IS AGREED: 1 DURATION AND APPOINTMENT 1.1 The Employer shall make the Secondee available for Secondment to the Trust on the basis of <?> days/hours (delete as appropriate) per week. If the post is not full time, specific arrangements as to the time allocation of the Secondee between the Trust and the Employer shall be made by agreement between the Employer and the Trust, but on the basis that the Trust s requirements, incorporating the Secondee, should take priority. The Secondee agrees to the Secondment to the Trust on this basis and on the remaining terms set out in this Agreement. 1.2 Subject to clause 9, this Agreement and, therefore, the Secondment shall be with effect from <date> and continue until <date>. The Secondee will return to the Employer at the end of the Secondment. 2 SECONDEE'S DUTIES 2.1 The Secondee agrees to perform the tasks and duties of the attached job description, comply with the attached Further Particulars and meet any agreed objectives and targets set by the Trust. 2.2 The Secondee agrees to perform their tasks and duties to a high professional standard and shall not bring the Employer, or the Trust s names into disrepute. 3 PAYMENT AND EXPENSES 3.1 The Employer will continue to pay the Secondee s gross salary, employer s National Insurance Contributions and pension contributions, and deduct PAYE and National Insurance and other relevant contributions. Salary arrangements will continue to be negotiated and agreed by the Employer. Page 11 of 22

12 3.2 The Trust shall pay to the Employer the sum of < > per annum (the "Fee"), pro-rata. The Fee may not increase without prior agreement between the Trust and the Employer. Such consent only to be given by those Trust representatives identified under clause The Employer will invoice the Trust for the Fee quarterly in arrears. The Trust will pay the Employer within <??> days of the date on the invoice. 3.4 Subject to clause 3.5, the Fee represents the entire financial commitment of the Trust to the Employer and the Secondee. 3.5 The Secondee shall be entitled to claim expenses on the customary terms applied to Trust staff subject to the consent of their immediate supervisor who at present is the <name and job title> (the "Trust s Supervisor"). 3.6 The Fee paid by the Trust shall be deemed inclusive of any VAT. 4 STATUS OF SECONDEE 4.1 The Secondee shall throughout the Secondment remain an employee of the Employer. At no time shall the Secondee be deemed to have become an employee or worker of the Trust. 4.2 The Employer shall be liable for and indemnify the Trust against all liabilities arising if the Secondee shall, against the intention of the parties, be deemed a Trust employee or worker. 4.3 The Employer shall continue to meet all employment obligations with regard to the Secondee including those referred to at clause 3.1 above. 4.4 The Secondee shall not hold him/herself out in any way to be a representative of the Trust nor shall he/she enter into any binding agreement on behalf of the Trust without the prior consent of his/her Trust Supervisor. 5 SECONDEE S EMPLOYMENT CONDITIONS 5.1 The Employer warrants that it has disclosed in writing to the Trust s Supervisor the terms of the Secondee's existing employment contract together with all material facts relating to the Secondee's service record. Such material facts shall include details of any special requirements or adjustments, illness, disciplinary record or any other factor which might reasonably be taken to influence the Trust in deciding whether to take on the Secondee for the secondment, or which may otherwise affect the Trust s working relationship with the Secondee. 5.2 Whilst on Secondment, the Secondee shall be entitled to the annual leave detailed in their substantive contract of employment (i.e. <?> days). Leave days may be taken as agreed with the Secondee s Trust Supervisor. This arrangement can be changed by agreement with all parties. 5.3 Other employment conditions will be unchanged. Page 12 of 22

13 6 COMPLIANCE 6.1 The Secondee agrees to comply with the law together with all other rules and regulations of the Trust, and to adhere to instructions issued by Trust staff. Whilst on Trust premises, the Secondee is required to comply with all Trust policies and procedures, details of which can be found on the Trust s intranet, including: Health and Safety The Secondee is required to abide by the Trust s Health & Safety Operational Policy. Under the policy, the Secondee has a legal duty to take care for their own health and safety and that of others who may be affected by their acts or omissions. Additionally, employees must also co-operate with the Trust to enable it to discharge its own responsibilities successfully. The full outline of secondee s responsibilities are outlined in the Health and Safety Operational policy. Data Protection The Secondee is required to agree that, as a registered Data Controller, the Trust will process his/her personal data in accordance with the Data Protection Act The secondee is required to adhere to the Trust s policies for Information Governance and policies for Information Technology, which are available on the Trust s Intranet. Equality and Diversity The Secondee is advised to read the Trust s Equality and Diversity policy at an early date to ensure that he/she is fully aware of his/her responsibility under the policy. Financial Regulations The secondee is required to comply with the Trust s financial procedures as they relate to the responsibilities of his/her post. 6.2 An annual appraisal must take place in accordance with the Trust s Appraisal procedure (non-medical)/appraisal policy (Senior Medical and Dental staff). The appraisal will take place on <one year from start date>. 6.3 The secondee agrees to meet the mandatory training requirements of the role, in accordance with the Trust s Mandatory Training policy and the training requirements agreed through the annual appraisal process. 6.4 (delete if appropriate) The secondee agrees to maintain their professional registration with <name of professional registering body>, in accordance with the Trust s Professional Registration policy/professional Registration policy (General Medical/General Dental Council). 6.5 The Secondee, whilst on Secondment, shall be supervised by the Trust Supervisor. During the Secondment the Secondee will liaise with his/her Trust Supervisor to keep him/her fully informed of all matters relating to or affecting the Secondee s ability to perform his/her duties and meet his/her objectives/targets, including consulting with him/her regarding any issues arising during the Secondment and agreeing availability (including dates for annual leave). Page 13 of 22

14 7 CONFIDENTIALITY AND INTELLECTUAL PROPERTY 7.1 The Trust shall own absolutely all intellectual property rights in any material produced by the Secondee during the course of this Agreement or arising from or in connection with their Secondment. 7.2 The Employer and the Secondee grant non-exclusive, free and perpetual licences to the Trust to use any of their intellectual property existing prior to the commencement of the Secondment where introduced by the Secondee as part of the Secondee s work for the Trust. 7.3 The Secondee agrees that he/she will not at any time, whether during or after the Secondment, disclose to any third party information which comes to his/her attention as a result of the Secondment where such information is not already within the public domain, and is indicated or understood to be confidential. In particular, the Secondee accepts that in the performance of his/her duties he/she may be dealing with sensitive personal data which should be dealt with in accordance with the rules and practices applied by the Trust. The Secondee is required to agree to and sign the Trust s Confidentiality of Medical, Employment Records, and Internet Usage Statement. 8 LIABILITY 8.1 The Employer shall procure the performance of the Secondee's obligations under this Agreement. 8.2 The Trust shall indemnify the Employer against any claim for loss, injury or damage: a) made by the Secondee arising out of any act or omission of the Trust or agents where the loss, injury or damage was sustained by the Secondee in the course of carrying out his/her duties as a Secondee 8.3 The Employer shall indemnify the Trust against any claim for loss, injury or damage: a) made by a third party arising out of any act or omission of the Secondee where the loss, injury or damage was caused by the Secondee in the course of carrying out his/her duties as a Secondee 8.4 In the event that the Secondee is a reservist and is mobilised, depending on the length of expected mobilisation and the time remaining of the Secondment (i.e., the Secondment will end before the individual returns), the Secondment may be ended early, by mutual consent, and the individual will return to the employer, as per clause 9.4. Should the Secondment not be terminated, the Employer agrees to make every effort to reclaim financial assistance (as per the costs incurred by the Trust for temporarily replacing the Secondee) from the MOD, on behalf of the Trust. 8.5 The Employer shall be responsible for any legal claims brought by the Secondee arising out of the Secondment and its termination, including claims for breach of contract, redundancy, unfair dismissal or occupational pension benefits. The Employer will indemnify the Trust in full with respect to such legal claims if the Employer is required to make payments to the Secondee in respect of any claims arising out of the secondment or the termination of the secondment. Such indemnity Page 14 of 22

15 9 TERMINATION includes the money paid in satisfaction of the legal claim, interest and legal costs incurred. The Trust and the Employer agree to fully co-operate with each other in relation to any legal claims and to promptly supply all information reasonably requested by the other and to assist in the other s defence of any legal claims. 9.1 The Trust or Employer may upon <?> months written notice to the other party and the Secondee terminate this Agreement without further commitment. 9.2 The Trust and the Secondee will conduct a formal review of the Secondee's performance annually. If the Secondee has failed to meet his/her objectives/targets, then the Trust may terminate upon 1 month s written notice. 9.3 The Trust and/or Employer may terminate this Agreement if any other party, including the Secondee, shall be in material breach of its commitments under this Agreement. Where such breach is remediable, then the party alleging breach shall give the other party/(ies) 28 days written notice to remedy the breach. If the breach has not been remedied, then the party alleging the breach may, on 7 days further written notice, terminate this Agreement. 9.4 In the event of this Agreement being terminated for any reason, the Secondee will return to the Employer and the Trust shall have no further obligation to the Secondee or the Employer. 9.5 Nothing in this agreement shall require the Employer to provide any alternative employee in the event that the Secondee is, for any reason, unavailable to perform his/her duties under this Secondment, nor shall the Trust be obliged to accept any alternative. Any notice to be given may be delivered personally or sent by prepaid first class post to the address of the relevant party as set out above, and in the case of posting shall be deemed received within two days of posting. 10 GENERAL 10.1 This Agreement constitutes the entire understanding between the parties relating to the Secondment and supersedes all other previous arrangements, representations and promises made between the parties Neither party may assign, transfer or sub-contract any of its obligations under this Agreement This Agreement may not be varied without the prior written consent of all parties. In the case of the Trust, such prior written consent may only be given by <name and job title> In the case of the Employer, such prior consent may only be given by <name and job title> Failure on the part of any party to enforce, at any time or for any period of time, provisions of this Agreement shall not be construed as a waiver of such provisions and shall in no way affect either party's rights to enforce such provisions. Page 15 of 22

16 10.5 This Agreement shall be subject to the laws of England and the jurisdiction of the English courts. Signed by: (on behalf of the Trust) Date: Designation: Print Name: Signed by: (on behalf of the Employer) Date: Designation: Print Name: Signed by: (Secondee) Date: Designation: Print Name: Enc: Job Description Further particulars Confidentiality of Medical, Employment Records, and Internet Usage Statement. Page 16 of 22

17 Appendix 2 THE NEWCASTLE UPON TYNE HOSPITALS NHS FOUNDATION TRUST SECONDMENT AGREEMENT (Outgoing) THIS AGREEMENT is made on <date> BETWEEN: (1) THE NEWCASTLE UPON TYNE HOSPITALS NHS FOUNDATION TRUST of Freeman Hospital, High Heaton, Newcastle upon Tyne NE7 7DN ( the Trust ) (2) <name of person on secondment> (The Secondee") (3) <name of receiving organisation> (The Client ) WHEREAS The parties have agreed that the Secondee shall be seconded ( the Secondment ) to the Client upon the terms of this Agreement with effect from <Date> IT IS AGREED: 1 DURATION AND APPOINTMENT 1.1 The Trust shall make the Secondee available for Secondment to the Client on the basis of <?> days/hours (delete as appropriate) per week. If the post is not full time, specific arrangements as to the time allocation of the Secondee between the Trust and the Client shall be made by agreement between the Trust and the Client, but on the basis that the Trust s requirements for the Secondee should take priority. The Secondee agrees to the Secondment to the Client on this basis and on the remaining terms set out in this Agreement. 1.2 Subject to clause 9, this Agreement and, therefore, the Secondment shall be with effect from <start date> and continue until <end date>.the Secondee will return to the Trust at the end of the Secondment. 2 SECONDEE'S DUTIES 2.1 The Secondee agrees to perform the tasks and duties of the attached job description. 2.2 The Secondee agrees to perform their tasks and duties to a high professional standard and shall not bring the Trust s or the Client s names into disrepute. 3 PAYMENT AND EXPENSES 3.1 The Trust will continue to pay the Secondee s gross salary, employer s National Insurance Contributions and pension contributions, and deduct PAYE and National Page 17 of 22

18 Insurance and other relevant contributions. Salary arrangements will continue to be negotiated and agreed by the Trust. 3.2 The Client shall pay to the Trust the sum of <?> per annum (the "Fee"), pro-rata. The Fee may not increase without prior agreement between the Client and the Trust. Such consent only to be given by those Trust representatives identified under clause The Trust will invoice the Client for the Fee monthly in arrears. The Client will pay the Trust within <?> days of the date on the invoice. 3.4 Subject to clause 3.5, the Fee represents the entire financial commitment of the Client to the Trust and the Secondee. 3.5 The Secondee shall be entitled to claim expenses on the customary terms applied to the Client s staff subject to the prior consent of their Client manager. 3.6 The Fee paid by the Trust shall be deemed inclusive of any VAT. 3.7 The Fee must be amended by the Client to reflect changes in the employee s salary, for example, if the employee commences maternity leave, takes unpaid leave or is in a period of half/nil pay due to sickness absence. 4 STATUS OF SECONDEE 4.1 The Secondee shall, throughout the Secondment, remain an employee of the Trust. At no time shall the Secondee be deemed to have become an employee or worker of the Client. 4.2 The Client shall be liable for and indemnify the Trust against all liabilities arising if the Secondee shall, against the intention of the parties, be deemed a Client employee or worker. 4.3 The Trust shall continue to meet all employment obligations with regard to the Secondee including those referred to at clause 3.1 above. 4.4 The Secondee shall not hold him/herself out in any way to be a representative of the Client nor shall he/she enter into any binding agreement on behalf of the Client without the prior consent of his/her Client Supervisor. 5 SECONDEE S EMPLOYMENT CONDITIONS 5.1 The Trust warrants that it has disclosed in writing to the Client s Supervisor the terms of the Secondee's existing employment contract together with all material facts relating to the Secondee's service record. Such material facts shall include details of any special requirements or adjustments, illness, disciplinary record or any other factor which might reasonably be taken to influence the Client in deciding whether to take on the Secondee for the secondment, or which may otherwise affect the Client s working relationship with the Secondee. 5.2 Whilst on Secondment, the Secondee shall be entitled to the annual leave detailed in their substantive contract of employment (i.e. <?> days). Leave days may be taken Page 18 of 22

19 as agreed with the Secondee s Trust Manager and Client Supervisor. arrangement can be changed by agreement with all parties. This 5.3 Other employment conditions will be unchanged. 6 COMPLIANCE 6.1 The Secondee agrees to comply with the law together with all other rules and regulations of the Client, and to adhere to instructions issued by Client staff. Whilst on Client premises, the Secondee is required to comply with all Client policies and procedures, details of which can be found <detail where policies and procedures may be found>. 6.2 During the secondment, the secondee will continue to be subject to Trust policies and procedures. The Secondee agrees to comply with all Trust policies and procedures, details of which can be found on the Trust s intranet. 6.3 An annual appraisal must take place in accordance with the Trust s Appraisal procedure (non-medical)/appraisal policy (Senior Medical and Dental staff). The appraisal will take place on <one year from start date>. The appraisal will take place between the secondee, the Client Supervisor and the Substantive line manager, <name and job title>. 6.4 The secondee agrees to meet the mandatory training requirements of their substantive role in the Trust, in accordance with both the Trust s Mandatory Training policy and the training requirements agreed through the annual appraisal process. 6.5 (delete if appropriate) The secondee agrees to maintain their professional registration with <name of professional registering body>, in accordance with the Trust s Professional Registration policy/professional Registration policy (General Medical/General Dental Council). 6.6 The Secondee, whilst on Secondment, shall be supervised by the Client Supervisor, <name and job title of immediate supervisor>. During the Secondment, the Secondee will liaise with his/her Client Supervisor to keep him/her fully informed of all matters relating to or affecting the Secondee s ability to perform his/her duties, including consulting with him/her regarding any issues arising during the Secondment and agreeing availability (including dates for annual leave). 7 CONFIDENTIALITY AND INTELLECTUAL PROPERTY 7.1 The Trust shall own absolutely all intellectual property rights in any material produced by the Secondee during the course of this Agreement or arising from or in connection with their Secondment. 7.2 The Client and the Secondee grant non-exclusive, free and perpetual licences to the Trust to use any of their intellectual property existing prior to the commencement of the Secondment where introduced by the Secondee as part of the Secondee s work for the Client. 7.3 The Secondee agrees that he/she will not at any time, whether during or after the Secondment, disclose to any third party information which comes to his/her attention as a result of the Secondment where such information is not already within the public domain, and is indicated or understood to be confidential. In particular, the Page 19 of 22

20 8 LIABILITY Secondee accepts that in the performance of his/her duties he/she may be dealing with sensitive data which should be dealt with in accordance with the rules and practices applied by the Client, including the Client s code of practice on data protection. 8.1 The Trust shall procure the performance of the Secondee's obligations under this Agreement. 8.2 The Client shall indemnify the Trust against any claim for loss, injury or damage: a) made by the Secondee arising out of any act or omission of the Client or agents where the loss, injury or damage was sustained by the Secondee in the course of carrying out his/her duties as a Secondee b) made by a third party arising out of any act or omission of the Secondee where the loss, injury or damage was caused by the Secondee in the course of carrying out his/her duties as a Secondee 8.3 The Client shall be jointly and severally responsible for any legal claims brought by the Secondee arising out of the Secondment and its termination, including claims for breach of contract, redundancy, unfair dismissal or occupational pension benefits. The Client will indemnify the Trust in full with respect to such legal claims if the Trust is required to make payments to the Secondee in respect of any claims arising out of the secondment or the termination of the secondment. Such indemnity includes the money paid in satisfaction of the legal claim, interest and legal costs incurred 9 TERMINATION The Client and the Trust agree to fully co-operate with each other in relation to any legal claims and to promptly supply all information reasonably requested by the other and to assist in the other s defence of any legal claims. 9.1 The Client or Trust may, upon <?> months written notice to the other party and the Secondee, terminate this Agreement without further commitment. 9.2 The Client and the Secondee will conduct a formal review of the Secondee's performance annually. If the Secondee has failed to meet his/her objectives/targets, then the Client may terminate upon 1 month s written notice. 9.3 The Client and/or Trust may terminate this Agreement if any other party, including the Secondee, shall be in material breach of its commitments under this Agreement. Where such breach is remediable, then the party alleging breach shall give the other party/(ies) 28 days written notice to remedy the breach. If the breach has not been remedied, then the party alleging the breach may, on 7 days further written notice, terminate this Agreement. 9.4 In the event of this Agreement being terminated for any reason, the Secondee will return to the Trust and the Client shall have no further obligation to the Secondee or the Trust. 9.5 Nothing in this agreement shall require the Trust to provide any alternative employee in the event that the Secondee is, for any reason, unavailable to perform his/her Page 20 of 22

21 duties under this Secondment, nor shall the Client be obliged to accept any alternative. 9.6 Any notice to be given may be delivered personally or sent by prepaid first class post to the address of the relevant party as set out above, and in the case of posting shall be deemed received within two days of posting. 10 GENERAL 10.1 This Agreement constitutes the entire understanding between the parties relating to the Secondment and supersedes all other previous arrangements, representations and promises made between the parties Neither party may assign, transfer or sub-contract any of its obligations under this Agreement This Agreement may not be varied without the prior written consent of all parties. In the case of the Trust, such prior written consent may only be given by <name and job title> In the case of the Client, such prior consent may only be given by <name and job title> Failure on the part of any party to enforce, at any time or for any period of time, provisions of this Agreement shall not be construed as a waiver of such provisions and shall in no way affect either party's rights to enforce such provisions This Agreement shall be subject to the laws of England and the jurisdiction of the English courts. Signed by: (on behalf of the Trust) Date: Designation: Print Name: Signed by: (on behalf of the Client) Date: Designation: Print Name: Signed by: (Secondee) Date: Designation: Page 21 of 22

22 Print Name: Enc: Job description Page 22 of 22

23 The Newcastle upon Tyne Hospitals NHS Foundation Trust Equality Analysis Form A This form must be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval. PART 1 1. Assessment Date: 19/12/ Name of policy / strategy / service: Secondment Policy 3. Name and designation of Author: Karen Pearce, Senior HR Manager (Projects) 4. Names & designations of those involved in the impact analysis screening process: Natalie Barkwill, HR Manager (projects), HR Heads, EPPCG 5. Is this a: Policy X Strategy Service Is this: New Revised X Who is affected Employees X Service Users Wider Community 6. What are the main aims, objectives of the policy, strategy, or service and the intended outcomes? (These can be cut and pasted from your policy) The purpose of this policy is to ensure a structured, systematic and consistent approach to the use of secondments; internal and external to the Trust. In adopting this policy the Trust recognises the value of secondments in creating a more flexible and responsive organisation by increasing staff knowledge, abilities and skills through broadening experience. 7. Does this policy, strategy, or service have any equality implications? Yes No X If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis Guidance before providing reasons: See below

24 8. Summary of evidence related to protected characteristics Protected Characteristic Race / Ethnic origin (including gypsies and travellers) Evidence, i.e. What evidence do you have that the Trust is meeting the needs of people in various protected Groups The workforce data shows that 100% of individuals on secondment in the last 12 months were White, however this is limited to 12 cases and does not reflect external secondments into the Trust. This data will be replicated and reviewed at the next policy review to identify any trends. Does evidence/engagement highlight areas of direct or indirect discrimination? If yes describe steps to be taken to address (by whom, completion date and review date) Does the evidence highlight any areas to advance opportunities or foster good relations. If yes what steps will be taken? (by whom, completion date and review date) Sex (male/ female) The policy is clear that it does not discriminate on the grounds of race/ethnic origin Workforce data of individuals on secondment is representative of the workforce. Religion and Belief The policy is clear that policy does not discriminate on the grounds of sex. 77% of secondees are Christian the remaining secondees did not define their religion, however this is limited to 12 cases and does not reflect external secondments into the Trust. This data will be replicated and reviewed at the next policy review to identify any trends. Sexual orientation including lesbian, gay and bisexual people The policy is clear that it does not discriminate on the grounds of religion and belief. 100% of secondees are heterosexual, however this is limited to 12 cases and does not reflect external secondments into the Trust. This data will be replicated and reviewed at the next policy review to identify any trends. Age The policy is clear that it does not discriminate on the grounds of sexual orientation Workforce data of individuals on secondment is representative of the workforce Disability learning The policy is clear that it does not discriminate on the grounds of age. The workforce data is not available regarding

25 difficulties, physical disability, sensory impairment and mental health. Consider the needs of carers in this section Gender Re-assignment Marriage and Civil Partnership Maternity / Pregnancy disability, as many secondees have not stated if they have a disability or not. The policy is clear that it does not discriminate on the grounds of disability. The policy is clear that it does not discriminate on the grounds of gender reassignment The policy is clear that it does not discriminate on the grounds of marriage and civil partnership. The policy is clear that it does not discriminate on the grounds of maternity and pregnancy. 9. Are there any gaps in the evidence outlined above? If yes how will these be rectified? The workforce data is limited to 12 cases and does not reflect external secondments into the Trust. In addition, there are lots of missing data which This data will be replicated and reviewed at the next policy review to identify any trends. 10. Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in respect of any significant changes to policies, new developments and or changes to service delivery. In such circumstances please contact the Equality and Diversity Lead or the Involvement and Equalities Officer. Do you require further engagement? Yes No X 11. Could the policy, strategy or service have a negative impact on human rights? (E.g. the right to respect for private and family life, the right to a fair hearing and the right to education? No PART 2 Name: Natalie Barkwill Date of completion: 19 December 2014