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Secondment Letter Template Secondment Letter

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					                                     Secondment Letter Templates

These model letters can be used during the management of secondments.
Each letter requires customisation in order to include details such as job titles
and the writer’s name and contact details. “SecLet1” should have additional
paragraphs added from the options provided depending on the reason for,
and type of, secondment.

SecLet1           Agreement to undertake secondment letter.

Additional        Additional paragraphs for use depending on secondment type.

                  Template secondment agreement between Fife Council and host
SecLet2
                  organisation.
                                              Produced by Fife Council Human Resources Section
                                                                 5th May 2009: Issue Number 1.1




Fife Council May 2009                     1                                              TE53
PRIVATE & CONFIDENTIAL

Name                                                 Direct Line:
Address 1
Address 2                                            Our Ref: SecLet1
Address 3
Postcode                                             Date:



Dear

Re: Agreement To Undertake Secondment

As recently discussed I confirm that I have considered your request to
undertake the post of {job title} in {name of Service} on a secondment basis.
The purpose of the secondment is to {state reasons either developmental or
organisational e.g. cover maternity leave, personal development, etc.}

The following sets out the terms of your secondment:-

Job Details
You will be seconded to the post of {post title} and will commence on {start
date} for a period of {duration}, and will terminate on {end date}. Early
termination of this secondment is subject to agreement by all parties and a
minimum of 4 weeks notice (or shorter notice if agreeable to all parties).

If any party wants to extend the secondment I will need a written request no
later than four weeks before the original secondment termination date. This
will provide adequate time to review the impact on Service delivery.

Your place of work for the period of the secondment will be {location}.

Salary
Your grade and salary while on secondment will be {FC grade and salary}.

Communication
All annual leave should be agreed with {secondment manager} and recorded
on your present leave card. All sick leave should be notified to {secondment
manager}. (If seconded to external organisation, add clause to ensure
reporting mechanism in place for both organisations).



Fife Council May 2009                  2                              SecLet1 TE53
It has been agreed that quarterly progress meetings take place with
{secondment manager}, the aim of which are to review progress and to
ensure that the aims for the secondment are being fulfilled and that any issues
are resolved quickly.

Approximately one month before the end of the secondment, {secondment
manager} will undertake a review of the secondment period with yourself and
send me a report of the achievements so that this can be taken into account
upon returning to your substantive post.

I will arrange for us to meet regularly so that I can keep you up to date with
any developments within your substantive team and changes to your
substantive post. Before your return to your substantive post, I will arrange for
a reintroduction into the team.

Miscellaneous
As the duration of the secondment is less than two years, you will return to
your substantive post of {post title} at {location} on {salary}. This is subject to
the outcome of any Service Review that may occur throughout the duration of
your secondment including pay awards and/or increments.

All other terms and conditions remain unchanged and as outlined in your
written statement of particulars for {post} dated {date of issue}.

I trust you will find the above information satisfactory. Should you wish to
accept the secondment opportunity on the basis stated above, please sign the
copies provided and return one copy to me.

Yours sincerely


Name
Designation




EMPLOYEE AGREEMENT:

I agree to undertake the secondment based on the above conditions.



Signature:        _________________________________              Date:________




Fife Council May 2009                    3                               SecLet1 TE53
Additional paragraphs

The following paragraphs can be added, where applicable:

For a secondment lasting more than two years, a selection of the following
paragraphs may be included when appropriate:

   As the duration of the secondment is greater than two years, you will
    return to a post equivalent to your substantive post that may or not be in
    the same Service. You will return to your substantive salary with pay
    awards and/or increments applicable for the duration of the secondment.

   No less than four weeks before the termination of your secondment, I will
    contact you to discuss the options available to you for returning to an
    equivalent post.

For a secondment outwith Fife Council:

   You will continue to be employed by Fife Council and paid via our payroll.
    If any expenses are incurred during the normal course of your duties then
    these will also be paid via our payroll. You will need to notify us of such
    expenses using the standard expense claim form.

   It has been agreed by us and {secondment organisation’s name} that you
    will be provided with any training that is relevant to the role being
    undertaken while you are with them. Furthermore you may be required, on
    occasion, to return to {substantive team} in order to attend training events
    or meetings. On such occasions your substantive manager will contact you
    in good time in order to minimise any inconvenience that this may cause.

   While on secondment, you are expected to adhere to the policies and
    procedures of {secondment organisation’s name}.

   You are required to abide by the {secondment organisation’s name}
    confidentiality policy, the purpose of which is to protect the misuse of
    information which may be considered sensitive or confidential in nature.
    Any breach of this could lead to early termination of the secondment.

Additional factors that need to be considered and explicitly stated:
 Reference to essential car use entitlement while on secondment.
 Excess travel arrangements.
 Implications for accepting the secondment for pensions and terms and
  conditions of employment.
 Processing and payment of expenses.
 Arrangements should the employee be absent from work due to long term
  sickness absence, maternity, etc.
 Preservation of any entitlements if organisational secondment exceeds two
  years (or if employee is a Teacher).


Fife Council May 2009                   4                             SecLet1 TE53
                                                                              SecLet2




                                           SECONDMENT AGREEMENT


                                                     between


                                  THE FIFE COUNCIL constituted in terms of the
                                  Local Government etc. (Scotland) Act 1994
                                  and having its principal offices at Fife House,
                                  North Street, Glenrothes, Fife, KY7 5LT (who
                                  and whose successors and assignees
                                  whomsoever are hereinafter referred to as
                                  “the Council”)
                                                              ON THE ONE PART


                                                        and


                                  [Complete here] a Company incorporated
                                  under the Companies Acts limited by
                                  guarantee (Company No. [Complete here]) and
                                  having their Registered Office [Complete here]
                                  (who and whose successors and permitted
                                  assignees whomsoever are hereinafter
                                  referred to as “[Complete here]”)
                                                           OF THE OTHER PART


WHEREAS The Council has agreed to second employees to [Complete here] to
enable [Complete here]. NOW THEREFORE IT IS AGREED BETWEEN THE PARTIES
AS FOLLOWS:-




Fife Council May 2009                 5                                  SecLet2 TE53
1 Duration of Secondment

The secondment period will commence on [Complete here] and will last for a period of
[Complete here] until [Complete here], (“the Secondment Period”). Any extension to the
secondment period will be a matter for agreement between the Council and [Complete
here]. Any such agreement will require a minimum of [Complete here] weeks notice.

2 Termination

2.1 Notwithstanding the terms of Clause 1 above the Agreement may be terminated by
    either party giving to the other [Complete here] weeks notice in writing to that effect.

2.2 In the event of any material breach of terms or conditions of the Agreement the party
    not in breach may serve written notice on the party in breach, requiring the breach to
    be remedied (if capable of remedy) within a period specified in the said notice, not
    being longer than 28 days.

2.3 In the event that the breach referred to in Clause 2.2 has not been remedied before
    the expiry of the specified period, the party not in breach may terminate the
    Agreement with immediate effect. Such termination shall not affect any other rights
    which the party terminating the Agreement may have against the other.

2.4 Upon termination of the Agreement for whatever reason the Employee shall return to
    [Complete here] all documents, correspondence, information and property made or
    compiled by the Employee or delivered to the Employee during the Secondment
    Period concerning the business, finances, or affairs of [Complete here].

2.5 Upon termination of the Agreement the terms and conditions of an Employee’s
    Contract of Employment shall continue in full force and effect.

2.6 The ending of the secondment agreement and the decisions and actions taken to
    either return the Employees to their substantive posts or put in place transfer
    arrangements, will be managed in accordance with the Council's Policies and
    Procedures and take full account of any Legislative requirements, and include
    consultation with the recognised Trade Unions.

3 Roles and Responsibilities

The Employees will be seconded to the role of [Complete here] and undertake duties as
outlined by [Complete here].

4 Employment Status

4.1 For the duration of the secondment the secondee will remain an employee of the
    Council and will not affect their continuity of employment. Individual employee’s
    conditions of service will continue to apply, as will the Council’s Human Resources
    Policies and Procedures. Any collective agreements made between the Council and
    the trade unions during the period of the secondment will apply to the Employees.

     Without prejudice to the foregoing generality the Council’s HR Policies and Procedures
     include the following:-
      Disciplinary Policy and Procedure
Fife Council May 2009                         6                                     SecLet2 TE53
         Fair Treatment at Work Policy and Procedure
         Managing Change Policy and Procedure
         Leave Policy and Procedure
         Attendance Management Policy and Procedure
         Recruitment and Selection Policy and Procedure

4.2 The secondee will also continue to be subject to the Council’s Code of Conduct.

4.3 The resolution of any issues relating to the management of Employees including
    disciplinary and grievance procedures, issues relating to pay and conditions, sick
    leave, pension and other employment issues remain the Council’s responsibility.
    However, both organisations will agree to work collaboratively to ensure successful
    conclusion of such matters.

4.4 There may be a need to negotiate a change to an individual employee’s location,
    working pattern, duties and responsibilities or an extension to working hours. If this
    is the case, this will be for the duration of the secondment, in accordance with the
    Council’s Human Resources Policies and Procedures and accepted good practice.

4.5 During the Secondment Period any matters requiring the application of the Council’s
    Policies and Procedures relating to an Employee will be the responsibility of the
    substantive supervisor/manager where appropriate. Such matters will be managed in
    accordance with the appropriate Council Policies and Procedures.

5 Communication

5.1 The secondee will participate in regular update meetings with their substantive
    manager to keep abreast of developments within their substantive team and any
    pertinent changes to the Council.

5.2 [Complete here] will agree to communicate regularly with the Council on the progress
    of the secondment. In particular, [Complete here] will agree to reporting mechanisms
    to ensure the Council is informed of the secondee’s annual leave, sick leave, training
    and development etc.

6 Indemnity

6.1 The Council shall be responsible for any injury to any person, including injury
    resulting in death and any loss of or damage to personal property directly related to
    such injury, loss or damage is caused as a direct result of the act or omission of an
    Employee, except where such act is due in whole or in part to the act, omission or
    negligence of [Complete here], its staff or agents.

6.2 [Complete here] will indemnify the Council against all and any liabilities, losses,
    costs, expenses, claims, demands and proceedings whatsoever arising under any
    Statute or at Common Law and made against the Council by an Employee in
    pursuance of his/her statutory or other rights of any kind where such claims arise
    either during the Secondment Period or in connection with the Secondment Period or
    in relation to termination of the Agreement, where such liabilities, losses, expenses,
    claims, demands and proceedings whatsoever arising under any Statute or at


Fife Council May 2009                        7                                    SecLet2 TE53
       Common Law were caused as a direct result of an act or omission of [Complete
       here].

6.3 The Council will indemnify [Complete here] against all and any liabilities, losses,
    costs, expenses, claims, demands and proceedings whatsoever arising under any
    Statute or at Common Law and made against [Complete here] by an Employee in
    pursuance of his/her statutory or other rights of any kind where such claims arise
    either during the Secondment Period or in connection with the Secondment Period or
    in relation to termination of the Agreement, where such liabilities, losses, expenses,
    claims, demands and proceedings whatsoever arising under any Statute or at
    Common Law were caused as a direct result of an act or omission of the Council.

7 Pay

The Council shall administer, prepare and manage payroll information for the Employees
although [Complete here] shall forward relevant information to the Council’s relevant
payroll team to facilitate the processing and payment of accurate wages and salaries in
accordance with the Council’s Policies and Procedures.

8 Pension Scheme

Employees who are members of the Local Government Superannuation Scheme will
continue to be members during the Secondment Period.

9 Travel and Subsistence

[Complete here] shall administer and manage travel expenses and subsistence
allowances for the Employees and forward information to the Council’s Finance & Asset
Management Service (Payroll)) to facilitate payment of expenses and subsistence in
accordance with the Council’s Policies and Procedures. Relevant for secondments
initiated from an organisational need. Irrelevant for secondments initiated from an
employee request and therefore delete this section.

10 Health and Safety

During the Secondment Period, [Complete here] shall together with the Council comply
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.

11 Appraisal

[Complete here] shall be responsible for undertaking a formal appraisal of the secondee
and a copy of all documentation will be forwarded to Fife Council to ensure continued
development subsequent to the secondments conclusion.

12 Consultation/Communication Arrangements

During the Secondment Period the substantive manager will ensure that arrangements for
team meetings, team briefings, team talks, Contribution Management/Support and
Supervision meetings, one to one meetings, and other employee

Fife Council May 2009                        8                                   SecLet2 TE53
consultation/communication arrangements are in place and maintained in accordance with
good practice.


13 Trade Union Recognition and Consultation

[Complete here] will recognise the existing arrangements between the Council and the
Trade Unions.

14 Insurance

[Complete here] shall have public liability insurance, employer's liability insurance and
professional indemnity to cover the Employees in the performance of their duties during
the period of the secondment.

15 Race, Sex And Disability Discrimination

It is agreed that neither the Council nor [Complete here] will unlawfully discriminate against
the Employee within the meaning of the Sex Discrimination Act 1975 or the Race
Relations Act 1976 or the Disability Discrimination Act 1995 or any enactment relating to
discrimination in employment and both the Council and [Complete here] will take all
reasonable steps to secure the observance of this provision by all its staff or agents.

16 Severability

If any provision of the Agreement is or becomes illegal, void or invalid, that shall not affect
the legality and validity of the other provisions.

17 No Partnership

Nothing contained in this Agreement shall be deemed to create a partnership (in terms of
the Partnership Act 1890) between the Council and [Complete here].

18 Waiver

18.1 The failure of any party to the Agreement to seek redress for breaches, or insist on
     strict performance of any provision of the Agreement or the failure of any party to the
     Agreement to exercise any right or remedy to which it is entitled under the
     Agreement shall not constitute a waiver thereof and shall not cause a diminution of
     the obligations under the Agreement.

18.2 No waiver of any provision of the Agreement shall be effective unless it is agreed by
     the parties in writing.

18.3 No waiver of any default shall constitute a waiver of any subsequent default.

19 Confidentiality

All documentation and information received by [Complete here], during or in connection
with the performance of this agreement, from the Council (including information and details
about the employees) shall be held in confidence unless any duty to disclose information

Fife Council May 2009                          9                                      SecLet2 TE53
or records to a third party is imposed under statute or by a court order. This duty will be
reciprocated by the Council in respect of [Complete here].


20 Force Majeure

Neither party to the Agreement shall be liable to the other for any failure to perform its
obligations under the Agreement where such performance is rendered impossible by
circumstances beyond its control, but nothing in this condition shall limit the obligations of
all parties to use their best endeavours to fulfil their obligations under the Agreement.

21 Audit

Both parties must allow the other party’s internal and other nominated auditors access to
any and all papers relating to the Agreement for the purposes of each party’s audit.

22 Applicable Law

The Agreement shall be governed by Scottish Law and each of the parties agree to submit
to the exclusive jurisdiction of the Scottish Courts.




Fife Council May 2009                          10                                    SecLet2 TE53
IN WITNESS whereof these presents consisting of this and the [appropriate number]
preceding pages together within the Schedule annexed are executed as follows:-

They are sealed with the Council’s Common Seal and subscribed for them and on their
behalf by

PROPER OFFICERS SIGNATURE:               _________________________________________

PROPER OFFICERS NAME:                    _________________________________________

PROPER OFFICERS DESIGNATION:             _________________________________________


On the [                    ] day of [               ] [Add Year].

They are subscribed for and on behalf of [Complete here] by

AUTHORISED SIGNATORY                     _________________________________________

FULL NAME:                               _________________________________________

DESIGNATION                              _________________________________________

In the presence of


WITNESS’ SIGNATURE:                      _________________________________________

WITNESS’ NAME:                           _________________________________________

WITNESS’ ADDRESS:                        _________________________________________

                                         _________________________________________

WITNESS’ OCCUPATION:                     _________________________________________

On the [                    ] day of [               ] [Add Year].




Fife Council May 2009                      11                             SecLet2 TE53

				
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