Secondment guidance

Contractual arrangements

External secondments

The University of Exeter will continue to pay the employee for the duration of their secondment and will invoice the host organisation, normally on a quarterly basis. The substantive organisation will be responsible for the Employer’s Liability Insurance. Both the host and the substantive organisations have a duty of care under the relevant Health and Safety legislation for the secondee.

Where appropriate, the UoE will make clear to the secondee which contractual benefits and entitlements will continue to accrue and apply and which will cease during the secondment period.

A secondment is a tri-partite arrangement. A Secondment Agreement must be signed by all 3 parties prior to the start date of the secondment and before any work commences; that is to say by the individual service provider (Secondee), the UoE (normally the Human Resources Business Partner/Manager) and an authorised representative of the external organisation. The Secondee remains an employee of the University of Exeter throughout the duration of the secondment.

There is no set University of Exeter policy on whether to use the host organisation’s or the University’s secondment agreement, however the following best practice applies:

Always aim to use a University of Exeter secondment agreement
If the host organisation does not have a secondment agreement, a UoE agreement will always be used.
The host organisation should be discouraged from using their own agreement, however if one is received, it should be forwarded to Legal Services upon receipt with the relevant PD02. Legal Services will advise on any risks associated with the agreement.
It is the responsibility of the Human Resources Business Partner/Manager to negotiate any changes with the substantive employer, unless the changes are especially complex, in which case Legal Services can be consulted.

Any increments and pay awards due will be made as normal. Continuous service will be maintained.

Internal secondments

If an internal secondment opportunity has been advertised there should be an eSR1 number for it. In order to assign the Secondee to this post, the line manager must complete and submit a PD02 to their Human Resources Business Partner/Manager.

How the secondment will be funded will have been detailed and approved through the eSR1 process. Usually the costs of the secondee will be borne by the host College/ Service (this may be through a grant or other external funding). A PD02 will also act to trigger this re-assignment in Trent.

Individuals could be appointed into secondment posts as follows:

A post in the same band and with a similar level of pay
A post in a higher pay band. Pay should be set at either the minimum point of the higher pay band or if this would not result in an increase in pay, the first pay point that will produce an increase. As any uplift to salary is a temporary arrangement, any salary increase is not pensionable and should be treated as an acting-up allowance. Any additional compensation should not incur any additional costs for the University by way of pension contributions – ie any pay at a higher band should not be pensionable

This means that we will continue to have to calculate the exact payment (acting up salary x current full-time salary x FTE) and recalculate if FTE changes or after a pay award.

A secondment agreement is not required for an internal secondment. A Change of Contract letter will state the details of the arrangement and act as a temporary variation to the individual’s contract of employment. This must be issued to the secondee in advance of the start date of the secondment.

Any increments and pay awards due will be made as normal. Continuous service will be maintained.

Incoming secondments

The substantive employer will continue to pay the employee for the duration of their secondment and will normally invoice the University of Exeter, normally on a quarterly basis.

The substantive employer will be responsible for the Employers Liability Insurance and have a duty of care under the relevant Health and Safety legislation for the secondee. Both the host and the substantive organisations have a duty of care under the relevant Health and Safety legislation for the secondee.

There is no set University of Exeter policy on whether to use the host organisation’s or the University’s secondment agreement, however the following best practice applies:

Always aim to use a University of Exeter secondment agreement
If the substantive organisation does not have a secondment agreement, a UoE agreement will always be used.
The substantive organisation should be discouraged from using their own agreement, however if one is received, it should be forwarded to Legal Services upon receipt with the relevant PD02. Legal Services will advise on any risks associated with the agreement.
It is the responsibility of the Human Resources Business Partner/Manager to negotiate any changes with the substantive employer, unless the changes are especially complex, in which case Legal Services can be consulted.

Commonly used Secondment Agreement templates

Secondment Agreements exist for common roles such as those in Clinical Psychology and Radiography. Contact your Human Resources Business Partner/Manager for details.

Amendments to commonly used templates

Where there are elements of the Secondment Agreement which have been negotiated by the Human Resources Business Partner/Manager or the Line Manager (ie those elements related to Human Resources such as annual leave, working hours etc only) which would not normally be included in the Secondment Agreement, the Human Resources Business Partner/Manager should draft any additional clauses/changes and forward to Legal Services for approval. Legal Services are equally happy to provide guidance on the wording of additional clauses.
Where there is a request from the substantive employer to make non-Human Resources related changes to the Secondment Agreement such as IPR, liability clauses etc, these must be passed through Legal Services before anything is agreed.