Secondment Policy. Policy ref no: HR037a Author (inc job title)

Transcription

1 Secondment Policy

2 Secondment Policy Policy ref no: HR037a Author (inc job title) Victoria Nangreave, HR Manager Date Approved November 2016 Approved by Quality and Governance Committee Date of next November 2019 review How is policy to All Staff be disseminated Check list for Governing Body/approving committee Has an Equality Impact Assessment been completed? Has legal advice been sought? Have training issues been addressed? Are there financial issues and have they been addressed? How will implementation be monitored How will the policy be shared with: Staff? Patients? Public? Are there linked policies and procedures? Yes No Yes Yes Through the SCWCSU HR Team Via the Bristol CCG internet site and dedicated communication to Bristol CCG employees. Recruitment and Selection Policy Secondary Employment Policy Managing Poor Performance and Capability Organisational Change Policy Grievance Policy

3 Contents 1 Introduction Definition Who is eligible for secondment? What are the benefits of secondment for employees and the CCG Internal secondment opportunities within the CCG Temporary/fixed term contract roles within the CCG Requesting a secondment from your substantive role The decision to approve or decline the application for secondment Management of secondment Monitoring of secondment Who do I need to inform that a member of staff is going on secondment? Who do I need to inform that a member of staff is joining the CCG on a secondment basis? Length of secondment Keeping in touch Terms and conditions of seconded employees Releasing CCG staff external secondment opportunities Hosting a secondment from an external organistion Continuity of employment Termination or Extension of Secondment Secondment resulting in a Permanent appointment The Recruitment Process Expenses Health and safety...6

4 24 Evaluation of Secondment Secondment during a civil emergency Appeal Review Equality Statement Counter fraud...7 Appendix 1 Quick Reference Guide...8

5 1 Introduction Secondments are recognised by Bristol Clinical Commissioning Group as being valuable for staff development and addressing a short-term need to cover a post. By placing employees in different work situations, secondment offers the chance of improving communications, problem solving skills or gaining experience in a different field or environment and utilising different skills. At the same time, particularly where a secondment is to another organisation, it is likely that the employee will bring back with them valuable information and insights which will help in future workings in partnership with other organisations and agencies. The purpose of this policy is to provide guidance and to promote best practice. 2 Definition A secondment is a short term development opportunity that allows staff to experience work in a different department or organisation and to return to their substantive post once the secondment has ended. A secondment should be for a specific period of time and could be a horizontal move as well as a move to higher band. This policy does not cover acting up arrangements within the same department or when a member of staff moves base within the same role. During periods of organisational change, staff on secondment or acting-up will be considered on the basis of their permanent post, not their seconded/acting up role. A job advertised as a fixed term or temporary contract may have scope to be managed as a secondment and this should be discussed with the recruiting manager. 3 Who is eligible for secondment? Secondment opportunities should be available to all staff and these will not be unreasonably refused. There may, however be service or operational requirements, which could lead to an application being declined. All staff are eligible to apply for a secondment, upon satisfactory completion of one year s service within the CCG. Staff are not eligible to apply for a secondment if they are subject to any formal procedure e.g. a disciplinary investigation. 4 What are the benefits of secondment for employees and the CCG Secondments are a means of encouraging development and growth, thus allowing staff to gain skills and knowledge that may not necessarily be available within the department or indeed the organisation. By placing staff in different work situations, secondments offer the chance to improve an employee s skills for example communication skills and problem solving skills. They are a valued method of constructively developing staff, retaining and optimising the use of experienced / expert resources to the overall benefit of the CCG. Page 1

6 5 Internal secondment opportunities within the CCG Secondments are an excellent way of securing temporary capacity to a service to cover temporary staffing shortages, maternity leave cover, or to work on a project or service with a definitive end date. At the same time they are beneficial for staff who wish to experience a different organisation or department to broaden their skill set. The usual recruitment procedures should be followed when an internal secondment opportunity is identified to ensure transparency and equal opportunities for all staff. Opportunities within the CCG could be promoted internally in the first instance if it is felt that there may be CCG employees who are suitable and have the right skill set. 6 Temporary/fixed term contract roles within the CCG If a fixed term opportunity is available within the CCG and it is felt that there are no individuals within the CCG who would be interested in an internal secondment the role may be advertised externally via NHS jobs. If this route is to be followed it is advisable to state on the advert that secondments from other organisations will be considered. It is down to the successful candidate at interview to discuss a secondment opportunity with their current employer. 7 Requesting a secondment from your substantive role It is recommended that employees discuss the secondment opportunity with their manager before applying for a role on a secondment basis. It is also recommended that the employee also outlines to the recruiting manager in the new organisation or department that they wish to accept the opportunity on a secondment basis subject to their substantive manager s approval if they are successfully appointed. Employees should formally request release for a secondment opportunity and detail the nature of the secondment and the justification along with the benefits, to both the individual and the CCG. It is the employee s responsibility to ensure that they submit the application for a secondment in good time to ensure that the secondment agreement can be set up between the CCG and the secondment organisation prior to the secondment commencing. 8 Making the decision to approve or decline the application for secondment It is important to note that there is no right to be released for a secondment however the manager must seriously consider every secondment application. The Manager, when considering the application should look at: The development needs of the individual The benefits to the CCG The benefits to the individual The current and future needs of the service Current staffing levels Page 2

7 This is not an exhaustive list. The decision to agree to a secondment or not will rest with the Head of Department (or equivalent). The manager may, with the employee s permission, contact the new organisation or department should they wish to gather further information to help them make an informed decision. Managers should not unreasonably refuse any secondment application and must be able to justify how their decision was reached. Whether a secondment is approved or refused a written explanation as to why that decision has been arrived at will be given. Employees will have the right to appeal against a decision not to approve a secondment using the Bristol CCG Grievance Policy. 9 Management of secondment In order to manage the secondment effectively, there are issues that need to be addressed before, during and after the secondment. (See appendix 1). 10 Monitoring of the Secondment When a secondment is confirmed it must be agreed by all parties, that three way communication between the secondee, host organisation and the employer is maintained This also applies to internal secondments. 11 Who do I need to inform that a member of staff is going on secondment? The manager must inform HR and request that a secondment agreement is issued. This should be signed by all parties prior to the secondment taking place and returned to the HR Department to be stored on the member of staffs personnel file. The manager must also complete a change of conditions form outlining any changes in salary and send it to the HR Department for processing. Finance also need to be informed to ensure that the money is recharged from the new department s budget or the new organisation. Normal practice is for the individual to remain on the CCG payroll and for the CCG to invoice the secondment organisation for their salary and any associated costs. 12 Who do I need to inform that a member of staff is joining the CCG on a secondment basis? The Recruiting Manager must inform HR that the successful candidate is joining the CCG on a secondment basis and that a secondment agreement will be developed by the successful candidate s current employer. The successful candidate must provide HR with the details of the secondment agreement. The successful candidate should not commence employment until the secondment agreement has been signed by all three parties. 13 Length of secondment Secondments usually last between three months and up to two years; this may vary according to circumstances. The period of the secondment must be agreed and clearly defined in the secondment agreement signed by all parties, the seconding manager/organisation, the secondee and the host Page 3

8 manager/organisation. The secondment agreement template will be completed by HR once they have received all the relevant information. 14 Keeping in touch Staying in contact with the seconded employee is essential and provisions for this must be agreed prior to the employee s release. The responsibility for this will be mutual, where both manager and secondee will be responsible for keeping in touch. This is important for longer-term secondments, as changes in skills, working practices, cultures and new technology may occur; keeping in contact should minimise the impact of any changes. It is also important to keep employees informed of any organisational change issues. Examples of keeping in touch could be in the form of s, 1:1 meetings, sending the employee new bulletins. 15 Terms and conditions of seconded employees Secondments may be used in order for employees to move to another organisation or department without transferring wholly to the organisation or department. Employees on secondment retain their NHS Terms and Conditions and their employment status is not affected. If the pay, terms and conditions for the secondment opportunity were greater than those in the substantive post, the pay, terms and conditions of the secondment post would apply. Pay protection will not apply to your substantive post on your return if the secondment opportunity pay, terms and conditions were greater. For internal secondments to a lower banded job employees would receive the financial remuneration in line with the banding for the secondment posts. This includes any associated loss of enhancements for example on-call. On completing the change of assignment form the employee accepts this change to terms and conditions for the period of the secondment only. For external secondments the employee can negotiate with the new organisation the pay, terms and conditions which will apply. The employee accepts these terms and conditions on the signing of the change of conditions form and the secondment agreement. Employees will remain subject to Bristol CCG policies and procedures while on secondment to an external organisation. If an individual s substantive post cannot be held open for them due to the nature of the substantive post or due to service need, this should be made clear to the employee before the secondment is approved. The decision whether it is possible to hold open a post rests with manager who will approve the secondment. The manager should be able to justify this decision and the rational should be outlined to the employee. Should an employee s substantive post be unable to be held open for them on their return and they still wish to pursue the secondment opportunity every effort will be made on their return to find a suitable alternative role for them in line with the Redeployment Policy. 16 Releasing CCG staff to external secondment opportunities Page 4

9 By exposing firstly the host organisation and the employee, then subsequently the CCG, to different work practices, external secondments can benefit all three parties. However it is essential that all three are clear about their responsibilities in this situation. Specific questions that need to be answered prior to a secondment include: Is the secondment for a fixed term or for an indefinite period that is subject to notice? Although the seconding employer will generally be responsible for basic salary, what are the arrangements for paying overtime, bonuses etc and recharging the host organisation? Who is responsible for relocation, travel and other expenses? What will be the situation in the case of long term absence? Who will undertake performance reviews, PDR s and arrange training? Who is responsible for supervisory and disciplinary matters, the seconding manager or the host manager? will the host organisation or the CCG rules be applied regarding holiday, sickness absence, expenses, disciplinary procedure, indemnity re acts of the employee? 17 Hosting a secondment from an external organisation The same considerations apply as listed under, Releasing CCG staff to external secondment opportunities and the CCG must be careful that it does not treat the secondee as an employee. To that end: The CCG will need to know when an employee intends to take holiday but should not assume direct responsibility for either authorising or paying for holidays. Expenses should form part of the charge between the host and seconding employers. The CCG should not be responsible for disciplining the employee, but will want access to a mechanism, by which it can require the seconding organisation to institute such a procedure. Alternatively, the host employer may wish to define an employee s misconduct, as a trigger event, allowing it to terminate the agreement with the seconding employer. Trigger events could also include, for example, long term sickness of the employee. 18 Continuity of employment Time spent on secondment with another employer within or outside the NHS will not affect continuity of employment and associated NHS terms and conditions. 19 Termination or Extension of the Secondment A request for an extension of an existing secondment should be considered in accordance with the needs of the service, and be mutually agreed by all parties and confirmed in writing. If an extension is refused, an explanation should be given to the employee Page 5

10 The secondment may be terminated by either party in writing with the previously agreed notice period laid out in the secondment agreement. 20 Secondment resulting in Permanent Appointment Where a secondment post becomes a permanent post the individual in that secondment may only be offered the post if a full recruitment process was carried out for the secondment, and it was clear that there was a possibility of it becoming permanent. If a full recruitment process was not followed then a recruitment and selection process will need to be carried out. 21 Recruitment Process The usual recruitment process may be waivered dependant on the nature of the secondment and the request. It may be good practice to agree the parameters around the provision of references to confirm the suitability and right skill set, especially if the secondment requires specialist skills or knowledge. 22 Expenses The host employer will reimburse any expenses incurred as a result of the secondment in line with Agenda for Change Provisions, normally with any variations agreed prior to commencement and clearly detailed in the secondment agreement. 23 Health and safety The host employer will be responsible for ensuring any liability and have a duty of care under the relevant Health and Safety Legislation for the secondee. If a secondee is carrying out duties within a location agreed by the employer with responsibility for that location, then employee / secondee will be covered by employers liability insurance. 24 Evaluation of Secondment An evaluation of the secondment should be integral to secondment arrangements to determine the success. This will help capture the learning gained from the secondment Employees released on secondment may wish to submit a report during and/or after the secondment to their substantive manager to outline what they have learnt and what they can bring back to their substantive role or team. 25 Secondment during a civil emergency Staff may be redeployed or seconded into other organisations during a civil emergency such as pandemic flu. This may be as a consequence of the centralisation of services elsewhere or if staff encounter difficulties accessing their normal place of work. Staff working outside of their normal role will be covered by the usual indemnity arrangements. Page 6

11 Consideration will be given where possible to relevant skills, experience and personal circumstances. During the pandemic staff could be assigned to different roles, functions or a change of work location. Staff may be seconded/re-deployed to other organisations within the health and social care sector. Adequate training and induction will be provided to staff to equip them for the role they are assigned to. In the event of a change in work location travelling costs will be reimbursed in line with Agenda for Change Terms and Conditions (as detailed in Section 17, NHS Terms and Conditions of Service Handbook). Pay and conditions will be unaffected by this arrangement, although where an individual has moved temporarily into a higher banded post, the provisions under Section 6 of the NHS Terms and Conditions of Service Handbook apply. 26 Appeal An employee may use the Grievance Procedure if they feel that they have been treated unfairly in relation to application of this policy. 27 Review This policy will be reviewed every 3 years but can be reviewed at any time if the CCG deems it necessary to do so or a review is requested by management or staff. 28 Equality Statement All relevant persons are required to comply with this document and must demonstrate sensitivity and competence in relation to the nine protected characteristics as defined by the Equality Act If you, or any other groups, believe you are disadvantaged by anything contained in this document please contact the Document Lead (author) who will then actively respond to the enquiry 29 Counter fraud The CCG is committed to the NHS Protect Counter Fraud Policy to reduce fraud in the NHS to a minimum, keep it at that level and put funds stolen by fraud back into patient care. Therefore, consideration has been given to the inclusion of guidance with regard to the potential for fraud and corruption to occur and what action should be taken in such circumstances during the development of this procedural document. Page 7

12 Appendix 1 Quick Reference Guide Issues to be considered through the secondment Before Secondment During the secondment After secondment Clear arrangements for accessing secondments Training requirements and training needs Evaluation of secondment Clear reasons identified for secondment Appraisal Reintroduction into workplace Clear arrangements for start and finish dates Monitoring arrangements Training requirements Training requirements and training needs Replacement costs Maintaining Professional Registration where appropriate Networking opportunities Statutory obligations Expected benefits Keeping in touch arrangements Monitoring arrangements Three way communication between Secondee, Host and Employer Page 8