Secondment agreement template4 min read
Our Secondment Agreement simplifies temporary employee assignments, ensuring legal compliance and smooth transitions for all parties involved.
What is a Secondment agreement?
A secondment involves temporarily assigning an employee to another part of the same organisation, a different employer within the group, or a different host organisation. Employers must consult and obtain consent from affected employees before proceeding with a secondment, as contractual changes must be reasonable and consider employees' circumstances. During the secondment, the employee's contract with their employer continues to exist.
What are the best practice implementation milestones / timescales?
|Timing (Days from Decision)
|Identify Secondment Opportunity: Determine the need for a secondment and identify suitable candidates.
|HR / Management Team
|Discuss Secondment with Employee: Meet with the selected employee to discuss the secondment opportunity.
|HR / Supervisor
|Draft Secondment Agreement: Prepare a formal Secondment Agreement outlining terms and conditions.
|HR / Legal Team
|Review and Approval: Review the agreement with relevant stakeholders and obtain necessary approvals.
|HR / Management Team
|Issue Secondment Agreement: Provide the approved Secondment Agreement to the employee for signing.
|HR / Supervisor
What legal and best practice aspects should employers be aware of?
Employment Rights Act 1996: Protects employees' rights during secondment, including terms and conditions of employment.
Equality Act 2010: Ensures no discrimination based on protected characteristics during the secondment process.
Working Time Regulations 1998: Ensures compliance with working time limits and rest periods during secondment.
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): Addresses employee rights during business transfers involving secondments.
Purpose of secondment
The purpose of the secondment is to [choose the relevant points and expand on them as necessary]:
- provide you with an opportunity for career development/skills enhancement;
- encourage you to gain expertise and ideas that can be transferred back to this organisation;
- forge closer links between this organisation and the host organisation to which you are being seconded;
- create greater understanding between the two organisations.
Duration of secondment
The duration of the secondment will be [number of weeks/months/years].
The secondment will commence on [date] and terminate [on [date]/at a date yet to be agreed, which will not be later than [date]].
Your job while seconded will be [job title].
A job description is attached.
This job will involve [list key job duties].]
While on secondment, you will report on a day-to-day basis to [name and job title of manager in host organisation].
Your contact at this organisation during the period of the secondment will be [name of manager]. [Name of manager] will maintain regular contact with you during the secondment, both by telephone and in writing, to review progress and discuss any issues that have arisen.
While seconded to [name of organisation], you will remain an employee of this organisation at all times. You will therefore continue to be paid by this organisation and to receive all normal benefits as per your contract of employment [with the exception of [enter details of any terms that will be different or additional].]
While on secondment, you will be under a duty to work under the control and direction of the host organisation's management, to abide by that organisation's policies and procedures, including safety policies and practices, and to follow the reasonable instructions of management at all times.
It is a condition of the secondment that you will not engage in any conduct that is or might be detrimental to the interests of this organisation or the host organisation. You will ensure that your work is carried out with reasonable care and skill.
During the secondment, you will not at any time (except insofar as is necessary and proper in the course of the work) use or disclose to any person any confidential information that is in any way related to this organisation's practice, business dealings or clients.
When the secondment ends
[Option A - organisation guarantees a job at the end of the secondment]
At the end of the secondment, you will return to this organisation.
The organisation guarantees to reinstate you in your former job, with the pay and benefits that you would have received had the secondment not taken place.
The organisation guarantees to assign you to a job that is suitable for you, taking into account training, skills and experience. The job will be at an equivalent or higher level to the job that you occupied prior to the secondment. Pay and benefits will be at a level appropriate to the new job and will be no less favourable than they would have been had the secondment not taken place.]
On your return to this organisation, there will be a formal review of how your experience with the host organisation and ensuing development can be used for the benefit of the organisation.
[Option B - organisation does not guarantee a job at the end of the secondment]
At the end of the secondment, the organisation will try to find an alternative position for you but cannot guarantee your ongoing employment and may be left with no option but to terminate the employment contract.
The organisation will compensate you for all reasonable additional costs incurred during the secondment.
While on secondment, you will receive an uplift on normal salary of [ [10%/20%/25%], up to a maximum of £[ ] per [day/week/month] ]. This allowance will be paid automatically to you along with your normal salary. No further payment will be made and you will be expected to fund all additional expenses [such as accommodation, travel and meals] out of this allowance.
You will be entitled to reclaim the following expenses while on secondment, up to the maximum figures given:
A travel allowance equivalent to standard [second/first] class rail from the station nearest to your permanent residence to [ ] station (which is the nearest station to the secondment location).
Travel allowance equivalent to economy class air fares from the local airport to [name of airport near secondment location].
A further allowance of up to £[ ] may be claimed in respect of travel to and from [stations/airports].
The above travel costs may be claimed once per [week/month] for the whole of the period of the secondment irrespective of whether or how often you actually travel.
Travel costs will be paid only in relation to journeys you has actually made from your place of residence to the location of the secondment. If no journey is made, no travel costs will be paid.]
[If you wish, the travel costs detailed above may be used to allow your partner to travel from their place of residence to the location of the secondment on the same frequency basis as described above.]
An accommodation allowance of up to £[ ] per week. The organisation will provide assistance to you to find temporary rented accommodation if required.
[For the first [two/three/four] weeks of your secondment, the organisation will pay for you to stay in a hotel. [The booking will be made by the organisation and the organisation will pay the hotel directly for these costs. / You should pay the hotel directly and reclaim the relevant costs from the organisation.] ]
A meals allowance of £[ ] per working day.
[If the secondment is to a location within [number of miles] of London, a London allowance of £[ ] per week/month.]
The secondment allowance or expenses will be paid only for those weeks that you working at the secondment location. Expenses will not be paid during periods of annual holiday, sickness absence, or maternity, paternity, adoption and parental leave. However, it is recognised that you may have to retain temporary rented accommodation during such periods and may incur expenses in doing so. Subject to management approval, claims may be submitted for accommodation costs provided that they are accompanied by valid receipts.
You should submit a claim for the above expenses on a [weekly/monthly] basis. The travel allowance, meals allowance [and London allowance] will be paid without the submission of receipts [although the organisation will require you to sign a declaration in respect of the dates on which journeys have been made from the place of residence to the location of the secondment and vice versa]. For accommodation costs, the organisation requires receipts to be provided and will pay only the actual accommodation costs incurred up to the maximum figure stated above.
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