External Secondments - Proposed Agreement

1. Term of Secondment

1.1 Secondee name will be seconded from Employing Organisation to Host Organisation from start date for a period of months/years. Should it be necessary to extend the secondment beyond months/years, this will be done in consultation with all parties with xx notice being given on all sides.

1.2 Secondee name will initially be based either remotely, or at a specific address, however this could change subject to agreement between the parties.

2. Pay

2.1 Insert clauses setting out the agreed arrangements concerning salaries, additional hours and pensions or as stated at 6.1.

3. Travel and Subsistence

3.1 The Host shall reimburse the secondee any travel, subsistence, hospitality, or entertainment and other out-of-pocket expenses incurred in the performance of the agreed duties during the period of the Secondment. This will be in accordance with the rates and rules of the Host Organisation. (Could insert; This would not include excess mileage incurred from a longer journey to work).

4. Car/Transport Allowance

4.1 Insert clauses setting out the agreed arrangements concerning car allowances and car leasing schemes including eligibility.

5. Hours

5.1 Secondee Name's normal hours of work will be hours per week excluding lunch breaks, however it may be necessary to work outside these hours from time to time as the work demands.

Or

The normal full time hours for the Host Organisation are x hours per week, however this Secondment will be on a part-time basis and the Secondee Name will be seconded for x hours per week, excluding lunch breaks. It may be necessary to work outside these hours from time to time as work demands.

6. Secondee remains Employing Organisation's Employee

6.1 For the avoidance of doubt nothing in this agreement shall constitute the Host as the employer of the Secondee. The Secondee remains an employee of the Employing Organisation in all respects and shall remain on the conditions of service set out below;

• An annual leave entitlement of days per annum
• 2 extra statutory days per annum
• a x day week of x hours excluding lunch breaks
• a salary of £ per annum exclusive of any increases which may be awarded in pay settlements and Performance Related Pay increases
• £ per annum London (Inner) Fringe Allowance paid monthly
• inclusion in the Local Government Pension Scheme
• inclusion in the Employing Organisation sick pay scheme requiring immediate notification of sickness by the Host to the Employing Organisation

7. Information

7.1 The Host shall provide the Employing Organisation with all such information as they may reasonably require in respect of the performance by the Secondee of agreed duties during the period of the secondment. (Could insert specific items here).

7.2 The Host shall maintain and make available to the Employing Organisation on request an attendance record in respect of the Secondee, recording;

• absence due to annual, sick or special leave; and
• absence due to industrial action, and
• unauthorised absences, and
• additional hours

8. Health and Safety

8.1 During the period of the secondment the Host shall be responsible in relation to the Secondee for compliance with all duties relating to health, safety and welfare at work imposed upon an employer by any relevant statutory provision within the meaning of Section 53(1) of the Health and Safety at Work Act 1974 as if the Host was the employer of the Secondee.

8.2 The Host shall provide to the Employing Organisation such information and access to its premises as the Employing Organisation may reasonably require in order to monitor the performance of the secondee of the obligations under sub clause 8.1above.

9. Indemnity

9.1 The Host shall indemnify the Employing Organisation against;

9.1.1 Any liability which the Employing Organisation incurs due to any bodily injury or disease sustained by the Secondee during the period of secondment and arising out of and in the course of the Secondee's secondment under this Agreement arising as a direct result of negligence of the Host, its servants or agents.

9.1.2 Any liability which the Employing Authority reasonably incurs as a result of any claim by the Secondee for constructive dismissal arising out of and in the course of the Secondee's secondment under this agreement, provided that before entering into a settlement or compromise with the Secondee the Employing Organisation will give the Host an opportunity to defend any such claim or to effect a settlement or compromise of such a claim. The Host may elect not to defend any such claim but shall provide assistant to the employing organisation in defending, settling or compromising the claim as the Employing Organisation may reasonably require.

10. Confidentiality

10.1 During and after the termination of this Agreement the Employment Organisation shall not require the secondee to disclosure or divulge any confidential information (as defined in10.3) without the prior written consent of the Host.

10.2 During and after the termination of the Agreement the Employing Organisation shall use all reasonable endeavours to ensure that the Secondee does not disclose or divulge any confidential information

10.3 In this clause 'confidential information' means all documents and information in whatever form disclosed or made available to the Secondee during or in connection with the secondment to the Host but shall not include information which:

• is already in the public domain, or
• is disclosed to the Secondee without any obligation of confidence by a third party who has not derived it directly or indirectly from the Host or is trivial or cannot reasonably be considered to be confidential

11. Serious or Gross Misconduct

11.1 If the Host alleges that the Secondee is guilty of gross or serious misconduct, the Host may send the Secondee home subject to the Host notifying the Employing Organisation of the alleged gross or serious misconduct.

11.2 For the avoidance of doubt, it shall be the responsibility of the Employing Organisation to instigate any disciplinary proceedings in respect of the Secondee.

12. Termination

12.1 This Agreement shall commence on the start date and may be terminated early by either party giving xx week(s)/month(s) notice in writing to the other.

12.2 This Agreement may be terminated by the Host if;

• The Secondee fails or neglects efficiently and diligently to carry out the reasonable instructions of the Host
• The Host reasonably considers that the Secondee is guilty of any gross or serious misconduct.

12.3 This Agreement shall automatically terminate if;

• The Secondee leaves the employ of the Employing Organisation
• The Secondee reasonably considers that the Host has contravened statutory or their organisational standards of conduct as detailed in their grievance procedure; and requests the Employing Organisation in writing to terminate the secondment

12.4 Either party may terminate this agreement if the other party is in material breach of the Agreement and fails to remedy the breach, if capable of remedy, within seven days of a notice from the non defaulting party requiring such a breach to be remedied and specifying how it shall be remedied.