PEOPLE TRANSITION NATIONAL POLICY AND PROCESS ON FILLING OF POSTS IN RECEIVING ORGANISATIONS

Transcription

1 PEOPLE TRANSITION NATIONAL POLICY AND PROCESS ON FILLING OF POSTS IN RECEIVING ORGANISATIONS 01 August

2 CONTENTS 1. Introduction 2. HR principles 3. Scope of policy 4. Transfer policy 5. Redeployment policy 6. Filling of posts process 7. Annex A: Definition of substantive 01 August

3 1. Introduction 1.1. The Health and Social Care Act 2012 ( the Act ) following Royal Assent came into effect, resulting in significant structural changes to the current NHS commissioning structures; Public Health; Department of Health directorates and Arms Length Bodies The new Health and Social Care system will be up and running by April The vital services that patients value will need to continue as usual during the period of transition. New organisations and changes to existing roles are being developed in parallel over the course of this year to ensure there is no disruption or drop in standards of care As a result of the Act health and social care will be delivered through Local Authorities (LAs), the NHS Commissioning Board including;, Leadership Academy, Shared Services and other hosted organisations, Clinical Commissioning Groups(CCGs), Commissioning Support Services (CSS), Health Education England (HEE) Local Education Training Boards ( LETBs), the Health and Social Care Information Centre (HSCIC), Public Health England (PHE), NHS Trust Development Agency (NTDA), NHS Property Services, the Health Research Authority (HRA) and Monitor. Strategic Health Authorities and Primary Care Trusts will be abolished along with a number of existing ALBs, including the National Patient Safety Agency (NPSA), and the Appointments Commission (AC) The filling of posts policy and process will be a key component of achieving a smooth transition through the effective movement of functions and staff from existing organisations (Senders) to new organisations (Receivers). This policy and process is in line with the National HR Transition Framework (July 2011). 01 August

4 2. Principles This policy document builds on the National HR Transition Framework (2011), by setting in place the following principles: a. Minimise redundancies. b. Retain valuable skills and experience required for the future. c. Ensure the approach is transparent, equitable, fair and simple. d. Ensure compliance with relevant employment legislation and COSOP. e. Ensure priority is given to staff employed in any of the in-scope organisations affected by the Government s healthcare reforms as listed in 3.1 who are at risk or affected by change over any staff affected by other change processes elsewhere in the system in the first instance. f. Ensure staff are consulted with and kept informed of progress and of available transfers and redeployment opportunities. g. Ensure posts are filled sequentially (wherever possible) through identified transfer and matching of posts; redeployment; and open competition. h. Effect transfers in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) where it applies. In circumstances where TUPE does not apply in strict legal terms, the Cabinet Office Statement of Practice, January 2000 (Revised November 2007) ( COSOP ) will be followed. In COSOP the employees involved in such transfers will be treated no less favourably than if TUPE applied in relation to protecting statutory continuity of employment and transferring on current terms and conditions including any contractual redundancy or severance entitlements. Further, principles contained within the Fair Deal Annex of COSOP relating to occupational pensions will be adhered to. i. Enact Transfer Schemes or Orders where there is a legal power to do so to effect the legal transfer of staff to achieve the requirements set out in 2.1 h above. This will include staff whose function is not transferring but at the relevant time of the transfer will be taking up a role through redeployment on a Suitable Alternative Employment (SAE) basis because their organisation, function or role is ceasing. j. Enable new organisations to be effective in the operation of their business by pre transfer selection of staff, where appropriate. Prior to transfer, it is expected that Sender employers will consult with their employees and Trade Unions following communications with Receivers about any proposed post transfer changes to employees working arrangements, for 01 August

5 example, in relation to the harmonisation / standardisation of non contractual HR policies. 2.2 This will be achieved by: Working in partnership with trade unions nationally and locally on the development of all related HR policies, processes and systems, including any changes to existing local policies and processes impacted by this change e.g. grievance/dispute resolution processes. Establishing robust consultation arrangements with trade unions and staff to support the organisational change process, which will span transfer and redundancy issues. Maximising transfers and suitable alternative employment opportunities. Ensuring those who have been transferred or redeployed to a post through the filling of posts process can only apply for any other vacancies in the new bodies when they are advertised on an open competition basis. Agreeing all processes and issues through effective joint working of current and future employers in consultation with trade unions. Maximising opportunities for all staff across the system. Keeping staff informed of progress and ensuring they are given early notification of transfers, vacancies and appointments through pre-transfer selection (where appropriate). Wherever possible aligning processes and timings between receivers. Ensuring clear mechanisms are in place for job matching & pooling, e.g. substantive posts confirmed in advance; grievances resolved; processes understood and consulted on locally and that staff are clear what processes are being used in their individual circumstances. Ensuring individuals and their employers retain responsibility for identifying job matches and best-fit applicants for posts in the new bodies. Designing effective and transparent selection processes which are fair and equitable and select the best people for the posts. Keeping process steps and bureaucracy to a minimum while ensuring they meet best HR practice and equality and employment legislation. 01 August

6 Providing staff and their representatives access to all information about job opportunities and the process for selection. 2.3 Geography to be used for matching, pooling, and redeployment: National jobs should be in a national pool. Regional jobs should be in a regional pool (i.e. by SHA cluster footprints). Pooling for new posts at the level below region is for local discussion between Senders and Receivers in partnership with Trade Unions. Local Authorities and Clinical Commissioning Groups should follow their own agreed governance arrangements taking account of this national policy. Where any disputes arise about pooling for these posts, the escalation route for partnership decision is through the regional SPF for regional issues and the HRTPF for national pooling issues or where regional SPF cannot reach agreement. The escalation route for Sender/Receiver decisions is through their respective governance arrangements and the HR Strategy Group. VSM regional posts may be subject to national pools in exceptional circumstances these should be agreed with Senders and trade unions. 2.4 Working within local partnership arrangements, organisations will develop their implementation plans, e.g. for the establishment of the new bodies, in line with these principles, policy and processes. This will provide the framework to enable organisations to respond to the range of staffing issues associated with delivering the changes set out in the Health and Social Care Act August

7 3. Scope 3.1 Organisations in scope a) The HR policy and process described in this document apply to the following Senders and Receivers bodies, governed by the HR Strategy Group in partnership with the National Transition Partnership Forum Senders PCTs, SHAs, DH, NPSA, the Appointments Commission, NHS Institute for Improvement and Innovation and ALB s including the NHS Information Centre and Connecting for Health and over 80 sender organisations to PHE, including Health Protection Agency and the National Treatment Agency Receivers NHSCB (including CSSs and other hosted functions, e.g. senates), PHE, NTDA, NHS Property Services, HEE, IC and Monitor. b) To ensure consistency of approach and the fair, transparent and equitable treatment of all affected staff, this policy document supersedes local organisational change policies for all organisations in scope where there is any conflict between their existing policies and this national policy. In scope organisations will need to consult on this approach in line with their local partnership arrangements. 3.2 Organisations out of scope a) Organisations out of scope are LAs and CCGs, although it should be noted that all their Sender organisations are in scope. Additionally, both the CCG HR Guide and the Local Government Transition Guide outline the obligations that CCGs, Local Authorities and PCTs have under the TUPE Regulations 2006 and COSOP. The HR and the Local Government Transition Guides recommend the setting up of joint working groups (comprising Senders, Receivers and trade unions) to take these issues forward. We strongly recommend that: The CCG HR Guide and the Local Government Transition Guide inform these discussions. The joint working groups established to discuss transfers to Local Authorities and CCGs use this guidance to inform their processes. This document informs these discussions and any variations related to the individual organisations approach to transition are to be agreed with the Trade Unions. 01 August

8 3.3 Staff in scope a) All those employed in any of the in-scope organisations affected by the Government s healthcare reforms as listed in Staff out of scope b) Staff in the wider Health and Social Care system who are not affected by change or at risk. 01 August

9 4. Transfer Policy Statement 4.1 The intention of this transfer policy statement is to enable the smooth transition of staff by ensuring that they move from their current organisations to the new organisations with the protection of their existing terms and conditions of employment (including continuity of service), except where changes have been agreed through appropriate consultation with Trade Unions and staff, see 4.6 & 4.7 below. 4.2 The changes brought about by the Health and Social Care Act 2012 will involve a complex set of transfers. Some of these transfers will fall within the definition of a relevant transfer under TUPE, while other transfers that do not fall under TUPE will be governed by the Government principles regarding staff transfers in the public sector contained in the Cabinet Office Staff Transfers in the Public Sector Statement of Practice January 2000 ( revised November 2007) COSOP. 4.3 Where it applies, transfers must comply with TUPE. Where TUPE does not apply the COSOP will be followed and this group of staff shall be treated no less favourably than staff for whom TUPE applies in relation to protecting statutory continuity of employment and transferring on existing terms and conditions, taking account of the agreement to carry out pre-transfer selection where appropriate as detailed in 4.8 below and consultation arrangements detailed in 4.6 below. 4.4 There shall be appropriate arrangements to protect occupational pensions, and the terms and conditions of staff. It should be noted that the Fair Deal pensions provisions of COSOP are expected to apply to TUPE transfers as well as non-tupe transfers. This provides the right to a broadly comparable occupational pension for those involved in public sector transfers. 4.5 There are two legal mechanisms capable of affecting a transfer of employment: TUPE; and/ or Transfer Orders or Schemes. Transfer Schemes or Orders will be used where there is a power to do so to effect the transfer of staff including where there is a TUPE transfer. They will explicitly set out the terms of transfer including that the current terms and conditions of employment of the transferring staff are to be protected. 4.6 Receivers and Senders have a duty if TUPE applies, and regardless of TUPE are required, to inform and consult representatives of the affected employees on the transfer of their employment. This includes: The fact of the transfer When it will occur Reasons for the transfer 01 August

10 Legal, social and economic implications Measures which the Sender or Receiver will take and if no measures, then that fact is stated. 4.7 If TUPE applies, post transfer changes to terms and conditions related to the transfer are restricted unless these are due to an economical, technical or organisational reason entailing changes to the workforce, or are for a reason unconnected with the transfer. Where TUPE does not apply, any change to contractual terms are subject to consultation and negotiation with recognised Trade Unions. 4.8 If TUPE applies, and a member of staff is working in a function designated to transfer, they will be included in the transfer unless they object. 4.8 Pre-Transfer Selection All transfers and recruitment to the new bodies will be conducted in accordance with steps outlined in nationally agreed policies and much of the change and re-organisation related to the transfers can and will be managed prior to the transfer If a function is designated to transfer and there are more people employed in the function than jobs available in the new organisation, a pre-transfer selection process may take place. In such circumstances, appropriate consultation should take place before pre transfer selection as Senders will potentially be selecting for redundancy at this stage It may be decided that some functions will lift and shift e.g. the existing function or functions within the relevant sender organisation will remain exactly as they are now when they transfer to the Receiver including all of the existing workforce. No job matching or pre-transfer selection process will be required. 4.9 Trade Union Recognition We are committed to working in partnership with Trade Unions nationally and locally. TUPE Regulations cover Trade Union recognition where TUPE applies in specific situations. Each Receiver will need to establish their own effective partnership working arrangements with Trade Unions, in the form of an appropriate recognition agreement, and arrangements for joint consultation machinery, which will come into force from April These issues will need to be agreed with affected Trade Unions in the pre transfer period. 01 August

11 5. Redeployment Policy Statement 5.1 It is for employing organisations to determine the appropriate time and process for formally placing their staff at risk of redundancy in line with their own HR policies and processes. When making these decisions the following should be taken into consideration: Where TUPE does not apply staff who have been unsuccessful in securing a role in one of the receiver organisations will not transfer. Therefore, Senders should consider formally placing affected staff at risk of redundancy; Following agreement between the Receivers, Senders and trade unions about functional transfers, those staff in posts that are part of a function that is not transferring could be formally placed at risk. 5.2 It is the employers responsibility to actively seek suitable alternative employment (SAE) opportunities for staff in their organisation who are at risk of redundancy and we expect them to do so for those affected by change. Employees at risk in this situation are also expected to participate actively in any redeployment process to mitigate against their own redundancy. To maximise SAE opportunities we will use Transfer Schemes or Orders to effect the transfer of staff wherever possible. This will include staff whose role is not transferring but at the time of the relevant transfer will be taking up a role on an SAE basis because their organisation, function or role is ceasing. 5.3 Employers should consider obtaining their own legal advice in relation to TUPE or redundancy. 01 August

12 6. Filling of Posts Process 6.1 This section sets out the HR processes for filling posts in the receiving organisations. The following flowchart summarises the overall process steps. Step 1 Senders and Receivers agree whether the identified post is part of a function that will transfer from Sender to Receiver. Yes No Step 2a Job Matching Redeployment Vacancy Pool Slot in Step 2b Competitive Slot - in Step 2c Limited ring - fence competition i n new body Steps 3a/b All posts filled? Redeployment activity for unsuccessful / non - matched transferring staff Step 2d Yes All Posts Filled? No Yes All posts filled? Open Competition Step 5 No Wider ring fence Competition (if applicable) Step 4 All posts filled? No 6.2 Overview of process steps 01 August

13 The first step is to determine whether there is a functional transfer. This includes information about function and organisation design. The aim of the Receivers describing their functions should be to reach agreement with Senders and trade unions whether or not there is a transfer. Once a functional transfer has been agreed, the next step is to determine whether any posts in Sender organisations are part of that transferring function. To establish this, Senders should assess whether the primary purpose of the role is part of the function and to assist this job roles and numbers of roles should be provided by the Receiver. To minimise disruption to business as usual activities, Receivers will work with Senders to reach early agreement on where any transfers will be lift and shift. A lift and shift transfer is one where the existing function or functions within the relevant sender organisation will remain exactly as they are now when they transfer to the receiver including all of the existing workforce. No job matching or pre-transfer selection process will be required. 6.3 Process The process to fill posts in the receiving organisations is outlined in Steps 1-5 below. Step 1 Transfers Step 1a i. The Receiver confirms the functions destination map and identifies the Senders with which they need to enter into dialogue. ii. iii. iv. Any queries, omissions or changes on the functions destination map should be directed to the IPO (Integrated Programme Office) at the Department of Health in the first instance who will coordinate the necessary discussions. The functions destination map is shared across all Senders, Trade Unions and Receivers and all will have the right to challenge should they feel a function destination is not correctly represented. Receivers will set up meetings, where necessary, with relevant Senders and Trade Unions for each function (or a group of functions) that they will be receiving as represented on the functions destination map. The purpose of these meetings is to discuss the functional activity in the Sender and Receiver organisations and aim to agree whether there is a transfer of function(s), where there is a redeployment situation and a process of managing these scenarios. The meetings should include functional and HR representatives from each Sender (or group of Senders) and appropriate trades union representatives. These 01 August

14 meetings must be completed to provide sufficient time for consultation on transfers or subsequent redundancies. For NHS employers the overall transfer picture for each cluster should be kept under review by the Regional Social Partnership Forum Step 1b Where there is a transfer at step 1a, the next step is to determine if the transfer is a TUPE transfer or if not, it is a transfer that falls under the COSOP principles. Reference should be made to section 4 (Transfer Policy Statement) and section 4.8 (Pre-transfer Selection). This is for discussion between the Receiver and relevant Senders and Trade Union representation. This discussion can take place as part of the meetings referred to at Step 1a (The process for handling any disputes or disagreements is outlined in the National Policy on Handling Individual Appeals and Grievances, Resolution of Disputes and Managing Exceptions or Variations which can be accessed on Step 2 Matching (where a transfer has been identified) Where a functional transfer has been agreed, and where this transfer will not be a lift and shift, a job matching process is required Step 2a i. Receiver sends job descriptions (includes banding) to the Senders for the function(s) that will transfer. Receivers must use the generic JD and role content specifications templates where there is a transfer matching situation. ii. The Sender identifies the group of staff who are in that functional group and compares the JDs sent from the receiver with the JDs of staff in that function. This matching in the sending organisation should be undertaken by a panel of three people including a functional expert (e.g. manager of the functional area), HR representative and Trade Union representative. It is anticipated that the majority of decisions regarding matching will be straightforward. When matching, comparison should be between JDs of the same band, or equivalent for civil servants. A job will normally be considered to be matched where 51% of the postholder s substantive job matches the post in the same function and grade in the new organisation, taking into account the role content specification. Further guidance will be provided to help employers, trade unions and staff, work through the job matching process. The definition of substantive is contained in Annex A. 01 August

15 6.3.4 Step 2b If a match is determined and the number of people match the number of posts there will be a direct slot in (e.g. when 10 people meet the matching criteria for 10 roles available) and those individuals will transfer to the new organisation under TUPE and/or COSOP supported by a Transfer Scheme or Order where possible or; Step 2c If a match is determined but there are more people than posts, there will be a competitive slotting-in process (e.g. when 10 people meet the matching criteria but only eight roles available) Step 2d For those who were unsuccessful in securing a post in the steps above, or for whom there was no match, they will have priority for any suitable remaining vacancies, at the same pay band irrespective of function, in that receiving organisation along with other employees transferring to that organisation who are at risk and on that band. Step 3 Redeployment via limited ring fencing The steps in this section are sequential Step 3 applies to those within transition and at risk, for whom no transfer applied or who were unsuccessful in a competitive slotting-in process. For Civil Service posts, any application of step 3 will need to be in line with the rules that govern recruitment within the Civil Service, which limit eligibility for vacancies. The detail of those processes and rules will be covered in the PHE People Transition Policy (PTP) Step 3a (on same band) Receivers determine the pooling criteria, to include, geography, the same banding and similar skills. Individuals can then self-select suitable posts and should engage in discussions with their line managers regarding which posts are deemed suitable alternative employment. Pooling for limited ring fencing should be discussed and agreed by Receivers, Senders and trade unions (in step 1a) and should consider whether pools should be limited to functional areas in the first instance, but would normally follow the principles outlined in ( 2.3) NB. Where an individual is in a pool for a post, this does not necessarily mean that the post(s) in the pool are suitable alternative employment. This will be for determination between the individual and his/her manager with reference to HR advice as necessary and in 01 August

16 accordance with section 16 of the Agenda for Change handbook for NHS staff or the equivalent Civil Service agreement for DH staff Step 3b (with no band restriction) Pooling should take place as described in 3a, but with no banding restrictions, i.e. at risk staff can apply for promotions or lower grades at this stage. Where a post is at a lower grade or pay scale is secured, local Sender pay protection arrangements apply, if they exist. Any change to an individuals terms and conditions agreed pre transfer, would be protected as part of the transfer scheme for the named individual. Step 4 Redeployment via wider ring fencing. Anyone at risk within the NHS, DH or ALBs can apply for remaining vacancies. Posts into which these staff can be redeployed are those that have not been filled by a transfer or were never part of a transfer. Again, there are rules that govern recruitment within the Civil Service, which limit eligibility for vacancies. Step 5 Open competition The nature of this competition and the media used is for determination by the receiver. NB. In the interests of filling posts within the timeframes given, Receivers may be able, in consultation with relevant Trade Unions and Senders, run some stages concurrently e.g. steps 4/5, as long as applications for the next step are not viewed by the selection panel before the interviews are held for the previous step. In addition, where posts have been agreed as new, as described in Step 1a (iv), i.e. not part of a transfer of function, Receivers may have the option to go straight to step 3, 4 or 5 following discussion with Senders and agreement with trade unions (as per the HR Transition Framework 2011). 01 August

17 7. Appeals and Grievances Senders should develop, consult on and agree their own internal policies and processes to ensure that individual disputes do not delay the national process. The planning stage and procedure for handling local and individual appeals should be developed and agreed with local Trade Unions Where these already achieve the principles set out below, no action needs to be taken by employers. Consideration of the following principles should be taken by employers when developing their dispute policies: Ensuring the fair, transparent and equitable treatment of all staff, whilst ensuring the national timetable can be met A fast-track initial stage should be developed that can be completed within 5 working days (wherever practicable) in order to ensure the national processes are not delayed. Staff should be clear that decisions made at the end of this fast-track stage will be final and the period of status quo will end once it has been completed. To allow relevant grievances to be properly resolved, it is recommended that this initial stage is labelled an appeal, and individuals are given the opportunity to continue any disputes via the usual grievance process. Consideration should be given where appropriate to merging the appeal with the local grievance processes. National processes will be planned to take account of a 5-day potential appeals process. To enable the Transition timeline to be met, employers and trade unions should consider the appropriateness of the fast-track appeals stage being paper-based. Where the appeals process remains separate from the grievance procedure, the appeal outcome will still be progressed independently from any subsequent grievance process. Further guidance will be provided to help employers, trade unions and staff in developing their appeals processes. 01 August

18 ANNEX A DEFINITION OF SUBSTANTIVE 1 Introduction In an environment where many employees have been moved around the system over recent years and may now be working in very different roles or for different organisations; an explanation of substantive is required to avoid confusion and to ensure fair and equitable treatment of staff through the transition process. This is specifically about defining an individual s substantive post as at July 2012 for the purposes of the matching and pooling processes. It is clear that no guidance produced centrally will be able to cover every situation affecting individual staff and HR leads will need to assess the appropriate course of action on a case-by-case basis, taking legal advice as necessary. Therefore, this appendix has been provided as guidance to enable the filling of posts processes and to assist with interpretation and consistency. 2 Legal explanation and application of substantive An individual s substantive employer is the organisation with whom they have entered into an employment contract and their substantive post is the role they are contracted to perform for that employer. For the purposes of the Transition Programme, it is recognised that some atypical employment situations have arisen and, as a result, there can be some difficulty in establishing who the substantive employer is and what an individual s substantive role is. This might apply particularly to PCT and SHA clustering. As part of this transition programme, PCTs and SHAs were clustered. The clusters are not legal entities in their own right and the substantive employer will be one of the PCTs/SHAs within the cluster (and needs to be correctly identified). Individuals will be treated the same in clusters as they are in all other organisations. The principles set out below in respect of secondments, assignments and temporary promotions apply in the same manner to determine an individual s substantive role. PCTs/SHAs within the clusters should ensure that they all treat their employees in similar roles within clusters in the same manner. 3 Assignments (NHS only) As part of the transition process, some NHS staff will have been assigned to new roles within their own organisation. These assignments are similar to secondment arrangements. The original post should normally remain their substantive post. In most cases, the assignment will be part of a programme of work to prepare staff to transfer to the new bodies. (PCTs through the partnership forum should risk assess how staff were assigned to new roles 01 August

19 against the criteria/process set out in the Assignment Guidance). Employers who have assigned staff to posts will need to consider the agreement reached with the individual when they were offered the assigned post - when determining an individual s substantive post. See the table at the end of this appendix, which is a useful tool in establishing the Substantive Employer and Substantive role from a legal perspective. 4 Seconded Employees Where the secondee s originating employer still exists, they remain the substantive employer and that employer will be responsible for the employee during the transition process. (i) (ii) (iii) If the individual s substantive post with their originating employer still exists (even if it has been back-filled on a permanent basis), the secondee will revert to their substantive post in their employing organisation for the purposes of transfers or pooling. Where the individual s substantive post no longer exists, they will be returned to their employer who will place them at risk and take responsibility for their redeployment or redundancy. Where the post in question is a full/part time union convener post, then discussions need to take place with the Trade Unions concerned to aim to agree appropriate arrangements with the individual for facility time through transition and with the relevant new receiver organisation(s). In a small number of situations a secondee s originating employer may have ceased to exist. In such situations, affected individuals will have moved into a direct employment relationship with the end user organisation. This body is now the employer and will be responsible for the employee during the transition process. The individual s substantive post is the one they are currently performing and their employment will be regarded as permanent for the purposes of the transition process. 5 Acting Up / Temporary Promotion Individuals on temporary promotion will be treated in the transition process on the basis of their substantive post (from which they have been temporarily promoted). 01 August

20 6 Fixed Term Employees Employers need to establish if their employees are genuinely engaged on a fixed term basis. In accordance with the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, those who have been continually re-engaged through successive fixed term contracts for a period of 4 or more years will be regarded as permanent employees. The substantive post for fixed term employees is the role in which they are currently engaged. (i) (ii) If the fixed term contract is still in operation, and they are not backfilling a role otherwise occupied by a permanent employee, then they will be taken through the transition process on the basis that this is their substantive post under the fixed term contract. If they are back-filling for a permanent employee (e.g. on secondment or temporary promotion), who will be returning to that post for the purposes of the transition and pooling, then the employer needs to consider whether there is a need for the fixed term contract to continue. Fixed term employees do not have a right to be given a permanent contract by virtue of the transition. Employers are advised to take their own legal advice on any fixed term contract expiries or renewals that need to be considered prior to the transition. 7 Transition Roles A variety of roles and working arrangements have been agreed with individuals to support transition and it will not be possible or necessarily helpful to try to deal with every different scenario. However, the range of advice provided in this Annex should help employers to assess their particular arrangements to determine whether an individual s post should be counted as substantive or not. Employers are advised to take their own legal advice on their own circumstances, as appropriate. 8 Hosted Employees The employer is usually the host organisation and the substantive post is the role that the individual currently performs under the contract of employment with the host. The employer will normally be responsible for handling the transition and pooling arrangements. 01 August

21 This table is a guide to a person s substantive post at the point they are pooled. Seconded / Assigned Employees Fixed Term Employees Where originating employer still exists and original role exists (even if backfilled) Where originating employer still exists but original role has ceased to exist Where originating employer has ceased to exist Where they are not back-filling a role of a permanent employee Where they are backfilling a role of a permanent employee Substantive Employer Substantive Role Originating Employer Current end user Original Role Role being currently performed There is only one employer There is only one employer Current and Originating roles are the same The substantive post holder (permanent employee) will return to the role for the purposes of the transition and pooling not the fixed term employee. Hosted Employee Current and Originating roles are the same Temporarily Promoted Employee There is only one employer Employee who has moved into a transition post. There is only one employer Transition posts are not always substantive posts, and each should be viewed on a case by case basis 01 August