Acting Up and Secondment Policy and Procedures

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1 Acting Up and Secondment Policy and Procedures Version Number: V2.0 Name of originator/author: Deputy Director of Workforce and Organisational Development Name of responsible committee: JNCC & Trust Management Board Name of executive lead: Director of Workforce and Organisational Development Date V1 issued: September 2010 Last Reviewed: September 2013 Next Review date: October 2015 Scope: MMHSCT Policy Code Trust wide HR16 Page 1 of 13

2 Document Title / Ref: Document Control Sheet Acting Up and Secondment Policy and Procedures Lead Executive Director of Workforce and Organisational Development Director Author and Contact Deputy Director of Workforce and Organisational Development Number Type of Document Policy/Procedure Broad Category HR Document Purpose The purpose of this policy is to set out the circumstances under which staff may be offered acting-up or secondment opportunities and highlights the procedures to be followed, including the payments and other arrangements which must be applied. Scope Trust wide Version number V2 Consultation Workforce Policy Development Group Approving Committee JNCC Approval Date September 2013 Ratification and Date Trust Board Date of Ratification 19 December 2013 V1 Valid from Date September 2010 Current version is valid from approval date Date of Last Review September 2013 Date of Next Review October 2015 Procedural Documents to be read in None conjunction with this document: Training Needs Analysis Impact There are no Training requirements for this procedural document Financial Resource Impact There are no Financial resource impacts Document Change History Changes to this document in different versions must be detailed below. Rationale for the change should also be given Version Number / Name of procedural document this supersedes V1.0 Acting Up and Secondment Policy September 2010 Type of Change i.e. Review / Legislation / Claim / Complaint Review Date September 2013 Details of Change and approving group or Executive Lead (if done outside of the formal revision process) Introduction of Equality Statement, reference to the Trust Recruitment and Selection Policy and inclusion of requirement to seek approval of extensions to Acting up or Secondments by the Establishment Control Panel. External references used in the creation of this document: If these include monitoring duties upon the Trust for this policy the specific details should be recorded on the Monitoring and Compliance Requirements sheet Privacy Impact Assessment submitted N/a Any issues? Page 2 of 13

3 Fraud Proofing submitted N/a Any issues? If not relevant to this procedural document give rationale: Policy authors are asked to consider each of the nine protected characteristics under the Equality Act We expect you to demonstrate that throughout the policy process you have had regard to the aims of the Equality Duty: 1. Eliminate unlawful discrimination, harassment and victimisation and any other conduct prohibited by the Act; 2. Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and 3. Foster good relations between people who share a protected characteristic and people who do not share it. Please provide a brief account of how you have done this, further work to be completed and any support you have had in considering the aims and working in compliance with the Equality Duty. If you are unclear on how to do this or would like further advice and support then you may contact It is the responsibility of the approving group to ensure this statement reflects the Trusts objectives and position with compliance as set out within the NHS Equality Delivery System This policy is broad and the scope is trust-wide so complies with the Trust s Equality Delivery System. In line with the Trust values we may publish this document on our External Website. Is there any reason you would prefer this is not done? No It is the Authors responsibility to ensure all procedural documents comply with the Trust values If you are unclear on any of the requirements in the document control sheet then please before proceeding Page 3 of 13

4 Monitoring and Compliance Requirements Sheet For audit, Registration and NHSLA purposes all procedural documents must have monitoring requirements or key performance indicators set by the authors, Committees or Lead Directors. This allows the Trust to routinely monitor the effectiveness and impact of their procedural documents on a regular basis. Procedural Document Title: Acting Up and Secondment Policy and Procedures Does this procedural document offer support or evidence for the Trusts registered activities and outcomes? Yes Primarily Additional Not Applicable Additional Is this an NHSLA Document? No Which Standard does this relate to? Workforce and Development Which Criterion Not Applicable If other Monitoring requirements are necessary i.e. Health & Safety Act and you should include them here and record them in the External References section Specify where the Additional Details i.e. requirement originates Section number, Code of Minimum Requirement / Standard / Indicator to be monitored & Section of document it appears Process for monitoring Audit Audit Audit Audit Responsible Individual / Group Practice Frequency of Monitoring Yearly Yearly Yearly Yearly Responsible Group for review of results / action plan approval / implementation Comments NB: If you have selected audit you should complete the required audit registration form and standards document and submit these with your expected timescales for completing the audit to as soon as possible and no later than 4 weeks prior to the audit commencing. The Group / Committee should also ensure the monitoring work is added to their yearly schedule of monitoring and action logs as appropriate. Page 4 of 13

5 Contents Page Section Title Page Number 1 Introduction 6 2 Purpose 6 3 Equality Statement 6 4 Definitions Acting Up 4.2 Secondments Acting Up Appointments 7 6 Secondment Appointments 8 7 Ending Acting Up and Secondment Arrangements 9 8 Performance During Periods of Acting Up/Secondment 9 Appendix 1 Secondment Agreement- Trust employee undertaking secondment with another NHS employer 2 Secondment Agreement- External candidate undertaking a secondment with the Trust Page 5 of 13

6 Acting Up and Secondment Policy and Procedures 1. Introduction 1.1 Manchester Mental Health and Social Care Trust recognises the need for employees to provide temporary cover for vacant posts or posts which need to be covered for a limited duration. The Trust is committed to equality of opportunity for all staff and will apply this principle in recruitment and selection. Therefore, all posts, including actingup and secondment arrangements, will be advertised. This policy also seeks to ensure that development opportunities are maximised during the acting-up arrangement or the term of the secondment. 1.2 This policy sets out the circumstances under which staff may be offered acting up or secondment opportunities and highlights the procedures to be followed, including the payments and other arrangements which must be applied. All arrangements must comply with the appropriate procedures and must be confirmed in writing. 1.3 Acting up and secondments by their very nature are temporary appointments. 2. Purpose 2.1 The purpose of this policy is to ensure that acting up and secondment appointments are consistent and equitable, made on merit and within required timescales to ensure continuity and quality of service delivery. 3. Equality Statement 3.1 The Trust is committed to equality, diversity and human rights. In applying this policy/procedure, managers, employees and their representatives will have regard to the principles and requirements of the Trust s Single Equality Scheme. Accordingly the implementation of this policy/procedure and its impact will be monitored across all equality strands and reported regularly to the Trust Board. Managers will not discriminate in the application of this policy/procedure in respect of the protected characteristics as defined within the Equality Act 2010 and not contravene the prohibited conduct contained within this. 4. Definitions 4.1 Acting Up Acting up is voluntary and by agreement between the employee and the line manager and occurs when an employee is temporarily appointed to a post in a higher pay band and is required to assume the full duties and responsibilities of the higher paid job. Page 6 of 13

7 4.2 Secondments A secondment is the temporary loan or transfer of an employee to a different part of the Trust or to another employing organisation for a specific purpose and for a specified period of time. Secondments are voluntary and by agreement. 5. Acting Up Appointments 5.1 An employee can only act up into a vacant position within the agreed workforce structure and establishment. 5.2 Acting up appointments are used when a substantive employee is appointed into a vacant post on a higher pay band for a limited time and s/he is required to assume the full duties and responsibilities of the higher paid job. Examples may include: To provide cover for a vacant post until a substantive appointment can be made. To provide cover for long term sickness absence / maternity leave, or other substantial leave. 5.3 The acting up opportunity must be approved and advertised in accordance with the Trust s Recruitment and Selection Policy and an equitable appointment process must be followed, even if there is only one applicant. 5.4 Acting up does not occur when the postholder occupying the higher paid job is on holiday or is absent for short periods of less than one month. 5.5 Acting up periods by their very nature will be time limited; the minimum period will be one month and the maximum period will be six months. If the acting up opportunity is likely to be longer than months then consideration must be given at the outset to advertising the position internally within the Trust as a secondment opportunity following discussion with the Human Resources Department. 5.6 The period of acting up may be extended beyond the 6 month time limit with the agreement of the Trust Establishment Control Panel (ECP) in the following exceptional circumstances: The vacant post has been appointed to and the extension is to cover the notice period of the successful applicant. The planned return of the substantive post holder has been unavoidably delayed. The ward/department/service area is undergoing organisational change and it would not be appropriate to recruit substantively until the change process has been completed. 5.7 Any changes to remuneration will be in accordance with Agenda for Change NHS Terms and Conditions of Service. Pay will be set at the minimum of the new pay band or, if this does not result in a pay increase, the first pay point in the pay band that will deliver an increase in pay. Page 7 of 13

8 5.8 The Terms and Conditions of Service applying to the higher banded post will also apply to the employee during the acting up period. 6. Secondment Appointments 6.1 A secondment will be arranged where there is a need to complete a specific task/assignment/project or to provide temporary cover for a vacant post. 6.2 Where the purpose of the secondment is to complete a specific task/assignment/project then a Job Description and Person Specification must be prepared and submitted for Job Evaluation to determine the appropriate pay band for the secondment post. 6.3 The period of secondment will normally be for a period of 3 to 12 months. Should it be necessary to extend the secondment beyond 12 months then the manager must provide the General Manager or equivalent senior manager and the Deputy Director of Human Resources with a written case as soon as possible to support the extension. The written case to extend the secondment beyond 12 months must explain the reasons for the extension and the period of the extension required. 6.4 The appointing line manager must advertise the secondment opportunity internally within the Trust and consider all suitable employees in accordance with the Trust s Recruitment and Selection Policy. 6.5 Employees have the right to apply for any secondment opportunity either within or outside the Trust. However, there is no right to automatic approval and the Trust reserves the right to refuse such a request where it would be deemed detrimental to the service. Employees must have detailed discussions with their line manager about the secondment opportunity prior to applying for the secondment. To enable the line manager to give proper consideration of the employee s request the following points must be discussed: The impact on the service. How the service could be covered during the employee s absence. The duration of the secondment. The right to return to either their existing job or another job of equal value. The skills and experience to be gained by the employee which may address personal and professional issues identified through their appraisal process and/or contribute to business plans. 6.6 The outcome of the discussion will be confirmed in writing by the line manager. Note 1: Employees seconded to another NHS employer will retain their employment rights afforded by continuous employment with the Trust throughout the period of the secondment. Note 2: Where the employee is appointed to a secondment with another NHS employer then the employee s line manager is responsible for ensuring that the new employer (eg. via the new line manager) has signed and returned a copy of the Page 8 of 13

9 Secondment Agreement Form (see Appendix 1) prior to the commencement of the secondment. 6.7 At the end of the secondment the employee will either return to their original post or to another job of equal value on their substantive salary and Terms and Conditions of Service. This must be agreed in writing between the line manager and the employee prior to the commencement of the secondment. 6.8 Where the job has been advertised externally and an individual applies who is not a Trust employee then the appointing manager must ensure that: The individual has discussed the secondment opportunity with their employer (normally this would be the employee s substantive line manager and the Human Resources Department) and the proposed arrangements for the secondment are supported. The individual understands that, if successful s/he will remain a substantive employee with their employer and will not become an employee of the Trust. The individual understands that at the end of the secondment s/he will return to substantive employment with their employer. The individual understands that if their application is successful then a Secondment Agreement (see Appendix 2) will be prepared for signature by the Human Resources Department to formalise the Terms and Conditions of service applying to the secondment. The outcome of this discussion will be confirmed in writing by the line manager. 7. Ending Acting Up and Secondment Arrangements 7.1 At the end of the period of acting up or secondment the employee will return to his/her substantive or agreed post on his/her substantive salary and Terms and Conditions of Service. 7.2 The Trust and the employee reserve the right to end a secondment early by giving four weeks notice in writing. 8. Performance During Periods of Acting Up/Secondments 8.1 The line manager is responsible for ensuring that the individual is properly inducted into the new role and ensuring that regular clinical and/or managerial supervision is in place to support the employee in their appointment and address any performance issues. Page 9 of 13

10 Appendix 1 SECONDMENT AGREEMENT (Trust employee undertaking a secondment with another NHS employer) THIS AGREEMENT is made on... (Date of Agreement) BETWEEN: Manchester Mental Health & Social Care NHS Trust (MMHSCT) And... (NAME OF SECONDMENT ORGANISATION) And... (NAME OF EMPLOYEE The Employee ) IT IS AGREED as follows: 1. MMHSCT will second the Employee to... (Name of Organisation) for the secondment period of... months, commencing on... (date of commencement) to the post of... (New post title). During the period of the secondment the Employee s salary will be... per annum. 2. Remuneration: During the secondment period, MMHSCT will continue as the Employee s employer and continue to pay salary and any related benefits under the contract of employment. The secondment organisation... agrees to pay MMHSCT an amount at least equal to the remuneration paid to the Employee by the employer pursuant to the employment contract. Such payment will be exclusive of VAT and shall include: At least the salary paid by the employer to the Employee under the employment contract; The national insurance contributions payable by the employer in respect of the Employee s salary; The pension contributions due under the employment contract; All other expenses and benefits paid to the Employee by the employer under the employment contract. The secondment organisation will be responsible for travel related costs incurred on its behalf. 3. Performance: MMHSCT will receive a review of the Employee s performance and of his/her position at least 30 days prior to the termination of this agreement. Page 10 of 13

11 4. Permanent Appointment: Should the employee be offered and accept a permanent post within the secondment organisation, formal notice will be required to be worked at MMHSCT, but this will be negotiable between the Employee and their line manager at MMHSCT. 5. Discipline: The Employee s Dismissing Officer will remain the same as in their substantive employment at MMHSCT. Throughout the period of secondment his/her direct line manager at the secondment organisation will be responsible for day to day management, supervision and general discipline. 6. Terms & Conditions: Annual pay awards will apply in accordance with those issued by MMHSCT. On completion of the period of secondment, the Employee will return to either their substantive post or a comparable position with no less favourable terms and conditions to those afforded to the postholder s substantive position prior to the commencement of the secondment. All other terms and conditions will remain the same with MMHSCT. 7. MMHSCT and the employee reserve the right to end the secondment earlier than indicated by giving four weeks written notice unless there are exceptional circumstances. This covers the main points of the secondment agreement. (Insert any additional information or amendments to the agreement here) Subject to written confirmation on the above and agreement of all parties, I confirm the Trust s agreement to the secondment on the basis outlined above. Signed by Employee Name... Title... Date... Signed on behalf of Manchester Mental Health & Social Care NHS Trust (MMHSCT) Name... Title... Date... Signed as agreed on behalf of (2) Name... Title... Date... Page 11 of 13

12 Appendix 2 SECONDMENT AGREEMENT (External candidate undertaking a secondment with the Trust) THIS AGREEMENT is made on... (Date of Agreement) BETWEEN: Manchester Mental Health & Social Care NHS Trust (MMHSCT) And... NAME OF SUBSTANTIVE EMPLOYER ( The Employer ) And... (NAME OF EMPLOYEE The Employee ) IT IS AGREED as follows: 1. The Employer will second the Employee to MMHSCT for the secondment period of... months, commencing on... (date of commencement). During the period of the secondment the Employee s salary will be... per annum. 2. During the secondment period, MMHSCT agrees to pay the Employer an amount at least equal to the remuneration paid to the Employee by the Employer pursuant to the employment contract. Such payment will be exclusive of VAT and shall include: At least the salary paid by the Employer to the Employee under the employment contract; The national insurance contributions payable by the Employer in respect of the Employee s salary; The pension contributions due under the employment contract; All other expenses and benefits paid to the Employee by the Employer under the employment contract. 3. MMHSCT shall use all reasonable endeavours to protect the health and safety of the Employee while he is at work. 4. MMHSCT shall comply with the policies of the Employer, which they will receive from the substantive employer in respect of its management of the Employee and shall not act or fail to act in any way which entitles the Employee to terminate his/her employment by reason of the Employer s or MMHSCT s conduct. 6. MMHSCT shall inform the Employer in writing not less than quarterly about the Employee s performance in the secondment role. Page 12 of 13

13 7. MMHSCT shall promptly inform the Employer if the Employee acts in breach of any of the Employer s policies and will provide to the Employer such assistance as is reasonable in the undertaking of procedure under those policies. 8. This agreement shall automatically terminate if the employment contract is terminated before the expiry of the secondment period or from the date of commencement in another post, if the Employee obtains another post during the secondment period. Page 13 of 13

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