Secondment guidance

The University of Exeter supports the use of secondments and Line Managers are encouraged to take a positive approach to considering requests for secondments from individuals. The University of Exeter supports the use of secondments where it:

• supports development for the individual
• supports career paths
• adds to the skills base of the University, Faculty or Service
• deals with short-term issues or work levels
• builds strong links with external organisations

Secondments can be used to meet some or all of the following objectives:

• managerial expertise can be developed
• goals as detailed in the PDP or PDR can be achieved
• the exchange of information and ideas across partner organisations
• a particular skill is matched to a business need
• essential resources are provided to a particular business area at a particular time for a specified period
• it is more cost effective than other short term resourcing options. Secondments should not normally be used to provide cover for permanent vacancies.
• benefit to networking and partnership working

A secondment can be described as:

• The temporary loan of an employee from one organisation, or one part of an organisation, to another, for a specific purpose and for a specific period of time. Secondments are a business critical contractual arrangement with the aim of bringing benefits to the University.
• Under a secondment, an individual is doing work for the host organisation, under their instruction and for their purposes. This differentiates a secondment from a 'business trip'

There are 3 types of secondment which the University normally operates:

1. External
   A University of Exeter employee remains under contract to the University but is based in another, external organisation for a defined period of time. The employee retains all existing University of Exeter terms and conditions, including continuous service, employment policies and existing pay and pension arrangements. The conditions of the secondment however may add terms and conditions over and above those of the University of Exeter. External secondments are most commonly undertaken by Faculty staff.
2. Internal
   A University of Exeter employee is temporarily working for another Faculty, Service or in another role within their substantive Faculty or Service for a short-term, defined period of time with a view to returning to their substantive post at the end of the period. The terms and conditions may temporarily change for the duration of the secondment and the individual would automatically revert back to their substantive terms and conditions at the end of the secondment. Internal secondments are most commonly undertaken by Professional Services staff, but can be undertaken by Faculty staff.
3. Incoming
   An employee of an external organisation (such as the NHS or another university) who is temporarily carrying out a specific role in the University of Exeter whilst maintaining their contract with their substantive employer for a defined period of time, at the end of which they return to their substantive employer. The individual is not eligible for University of Exeter terms and conditions, but may be subject to University of Exeter practices related to health and safety etc.

Terms used in this guidance

Secondee

The individual who is being seconded

Host

The organisation or Service/Faculty who is receiving the secondee

Substantive employer

The external organisation who is donating the secondee

Substantive post

The original and underlying post that an individual is employed to do

Secondments are a temporary contractual arrangement.

Please consult with your Human Resources Partner/Advisor if you have any queries about the duration of secondments.

External secondments

For external secondments the following guidelines apply:

• Secondments will be for a fixed period of time which is agreed in advance with the host, the University and the secondee
• Secondments may be full or part time
• Secondments should normally be for a period of two years or less
• A clear rationale for any extension must be provided at least 3 months prior to the end of the initial period of the secondment
• Agreement of an extension must be agreed between the line manager of the host organisation, the line manager within the Faculty/Service (using their usual approval route), the Human Resources Partner/Advisor and the secondee.
• Contractual documentation must be in place prior to the start date of any extension

As secondments are considered to be a temporary arrangement, restrictions are placed on their duration. With regards to external secondments, the secondment of a University of Exeter employee to an external organisation may require their substantive post to be back-filled. This should be taken into consideration during the initial planning stage and during any consideration of an extension to the secondment.

A long secondment can have an impact on how effectively the secondee can return to fulfil their duties of their substantive role and the cost of any retraining/reintegration should be taken into account during the initial planning stage and during any consideration of an extension to the secondment.

The impact of a secondee who has line management responsibility should also be taken into account when agreeing the length of any secondment.

Internal secondments

For internal secondments the following guidelines apply:

• Secondments will be for a fixed period of time which is agreed in advance
• Secondments may be full or part time
• Secondments should normally be for a period of two years or less
• A clear rationale for any extension must be provided at least 3 months prior to the end of the initial period of the secondment
• Agreement of an extension must be agreed between the Secondee’s host and substantive line managers, Human Resources Partner/Advisor, and secondee
• If an internal secondment to which the secondee goes is likely to continue beyond the agreed period, the post should be advertised in the normal way and the secondee has not automatic right to be appointed to the post.

As secondments are considered to be a temporary arrangement, restrictions are placed on their duration. For internal secondments, although continuous service of the secondee is not affected as they remain employed by the University of Exeter, if the substantive post is back-filled, consideration needs to be given as to the continuous service that individual will accrue.

Incoming secondments

For incoming secondments the following guidelines apply:

• Secondments will be for a fixed period of time which is agreed in advance
• Secondments may be full or part time
• Secondments should normally be for a period of two years or less
• If the secondment is to be for a period of longer than 23 months, then the arrangement must be considered under the Fixed Term Work (Prevention of Less Favourable Treatment) Regulations 2002
• A clear rationale for any extension must be provided at least 3 months prior to the end of the initial period of the secondment
• Prior to the end of the initial 12 month period agreement of an extension must be agreed between the secondee’s host and substantive line managers, Human Resources Partner/Advisor and secondee

As secondments are considered to be a temporary arrangement, restrictions are placed on their duration. Should the secondment be required to continue after the 23 month restriction, then the line manager and Human Resources Partner/Advisor must consider whether the University of Exeter will offer an open-ended contract.

Internal and external secondments (involving University of Exeter staff only)

Secondments provide a fantastic opportunity to develop the knowledge and skills of employees, enhancing their career development and motivation, as well as transferring new knowledge, skills and ways of working into your work area. Therefore where secondments can be accommodated, the University encourages Line Managers to support them. This open, supportive approach also encourages individuals to approach you to discuss opportunities prior to them applying for secondments and allows you as a line manager to be involved in the process from the start.

All types of secondments need to be considered carefully in the context of the business needs, resources, commitments and, in the case of internal and external secondments, the need to backfill a post using a fixed term contract. If you are approached by an employee who wishes to undertake an internal or external secondment you should discuss this with your Faculty Dept Manager/Head of Service and Human Resources Partner/Advisor in the first instance, who will be able to advise on the next steps. As a secondment constitutes a change to an existing contract, approval must be sought for this change through the usual approval route.

Individuals may approach you having shown an interest in or having applied for a secondment in the following ways:

• An individual has applied for an internal secondment that has been advertised internally
• An individual may apply for a external secondment in response to another organisation’s advertisement
• An individual may have been offered an external secondment opportunity by another organisation through cooperative working or networking channels

In all cases, individuals should be encouraged to discuss the opportunity with their line manager in the first instance. Developing a work environment in which secondments are encouraged is therefore a useful basis for such discussions.

A internal secondment should be approved through the eSR1 system as normal.

Incoming secondments (involving secondees from an external organisation)

Incoming secondments are a fantastic way to bring in new skills, knowledge and ways to working to the University of Exeter and are to be encouraged. If you identify an opportunity for an incoming secondment you should discuss this with your Faculty Dept Manager/Head of Service and Human Resources Partner/Advisor in the first instance, who will be able to advise on the next steps.

For the majority of incoming secondments, the secondee is already identified due to an existing collaboration with an external organisation. Certainly it is likely that the substantive employer has been identified even if the specific secondee has not. If this is the case, then a fair and open selection process should take place and advice should be sought from your Human Resources Partner/Advisor. Selection for secondments should be rigorous and in line with the Recruitment and Selection policy. The guidelines related to duration of secondments and contractual arrangements and Intellectual Property Rights are particularly relevant.

Creation of a new secondment opportunity

All internal secondments must be advertised in a fair and equal way. Applications must be considered fairly. Employees with priority redeployment status would retain this priority if applying for secondments. An eSR1 is required.

Creation of a new, open-ended post from a secondment opportunity

Occasionally, an internal secondment opportunity becomes an established post during or at the end of the secondment period. Unless there are exceptional circumstances, the new open-ended post must be advertised, as a minimum internally; there is no automatic right for an internal secondee to be appointed to the new role on an open-ended basis (unless their substantive post is no longer required). Employees with priority redeployment status would retain this priority if applying for secondments. An eSR1 is required.

Staff in academic roles: internal and external secondments

A secondment is considered to be synonymous with sabbatical, study leave, and leave of absence for research, given that the purpose of a secondment will commonly be for teaching or research purposes. Employees wishing to apply for a secondment should discuss this with their line manager in the first instance. Individuals should make their application for the secondment as indicated in the advert.

Professional Services staff: internal and external secondments

Employees wishing to apply for a secondment should discuss this with their line manager in the first instance. Individuals should make their application for the secondment as indicated in the advert. A secondment must have the following documents in place prior to a secondment commencing:

1. Application for a secondment (internal or otherwise)
2. Change in contract letter (this being contractually binding)

Incoming secondees

It is likely that where an incoming secondee is being considered, there is already a collaborative working relationship in place with the substantive employer, even if the specific secondee has not been identified. In such cases it is likely that the substantive employer will have their own processes and policies for secondments. However, selection of a secondee should follow the University’s standard processes for recruitment and selection as far as possible including creation of a job description, HERA grading or matching of the post, authorisation to recruit, advertising and selection (refer to job description and grading). It is advisable to consult with your Human Resources Partner/Advisor from the start of the process.

Internal secondments

• The Recruiting Manager should complete a PD02 with the details of the appointment
• If the Secondment is a Clinical Secondment, PD02C should be used
• A change of contract letter will be provided to the individual. This makes the secondment contractually binding. One fully signed copy should be returned to Human Resources and retained on file.
• Trent and Payroll changes are triggered by this letter

Very short internal secondments of up to 2 months will not require an eSR1 or other documentation, other than a letter to the individual confirming the short term changes.

External secondments

• The selection process is likely to be led by the host organisation; however it is important that the line manager informs their Human Resources Partner/Advisor of the possibility of an external secondment as soon as possible. This allows consideration of the potential secondee’s role/status as well as the requirements for any back-filling.
• A contractually binding Secondment Agreement must be in place in order to appoint a University of Exeter employee to an external secondment.
• Trent and Payroll changes are triggered by the secondment agreement
• Best practice is to use the UoE secondment agreement for all external secondments (see contractual arrangements below).

Incoming secondments

• The recruiting manager will provide a PD02 to the PAT team (PD02C if a clinical secondment).
• If the substantive organisation has a secondment agreement they wish to use, a copy of this should be sent to Legal Services as soon as it is received. If the substantive organisation does not have a secondment agreement they wish to use, a UOE secondment agreement will be used (see contractual arrangements below).
• 3 copies should be signed by all parties, with one copy being retained on the secondee’s personnel file
• Receipt of the signed secondment agreement will trigger Trent and payroll ‘new starter’ processes where required

Group appointment

Where an employee is seconded to an external organisation and they wish to take other colleagues with them, this should be discussed and agreed during the early stages of negotiation. The University should make a decision on whether a whole research group for example should be seconded, in which case each individual will require a secondment agreement. Where an entire group does not wish to be seconded (for example because they do not wish to relocate for the duration of the secondment) consideration has to be given as to whether there remains a requirement for the role. 

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 Partner/Advisor) 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:

1. Always aim to use a University of Exeter secondment agreement
2. If the host organisation does not have a secondment agreement, a UoE agreement will always be used.
3. 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. 
4. It is the responsibility of the Human Resources Partner/Advisor 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 Partner/Advisor.

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 Faculty/ 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:

1. A post in the same band and with a similar level of pay
2. 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:

1. Always aim to use a University of Exeter secondment agreement
2. If the substantive organisation does not have a secondment agreement, a UoE agreement will always be used.
3. 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. 
4. It is the responsibility of the Human Resources Partner/Advisor 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 Partner/Advisor for details.

Amendments to commonly used templates

• Where there are elements of the Secondment Agreement which have been negotiated by the Human Resources Partner/Advisor 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 Partner/Advisor 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.

There are a number of additional considerations for overseas secondments. Please consult with your Human Resources Partner/Advisor and the Health and Safety team if you have any queries. Below are some points to bear in mind.

Checklist

• UK Visa and Immigration (UKVI)
  If the secondee is a non-EU citizen and is in receipt of a Certificate of Sponsorship, there may be restrictions on which countries an individual can travel to, work in and the duration of any overseas visits. Their leave to remain in the UK may be affected by their secondment. This relates not only to the secondee themselves, but also any colleagues who are moving as part of the secondment (eg postdoctoral students). Staff who hold a visa should check any UKVI restrictions or regulations relating to extended overseas travel with their Human Resources Partner/Advisor.
• Health and safety risk assessment
  All secondments must be risk assessed according to the University’s guidelines. Who will have overall responsibility for the secondee’s health and safety during the secondment?
• Contact details
  Do you know where your employee is going to be based? How and how often have you agreed to make contact with them throughout the secondment? Who will retain responsibility for the secondee’s performance during the secondment?
• Insurance
  Does the secondee have sufficient personal/professional insurance to cover them during their secondment?

External and internal secondments only

• Any change in terms and conditions (eg if seconded to a higher pay band) is temporary and the employee will return to their substantive post and terms and conditions at the end of the secondment period. This will be stated in a change of contract letter
• The secondment will end on the date stated and the employee will return to their substantive post on its terms and conditions.
• The right to return to the substantive post will normally be retained except where this is not practical due to reorganisation or where for business reasons a role requires a long term backfill solution.
• Where organisational change occurs during the secondment that may affect the secondee’s substantive post, the University will consult with the individual about the impact of the changes and options available. If appropriate, the University will seek suitable alternative employment should the individual’s substantive role no longer exist.

Similarly where other changes are proposed to the substantive role, such as changes of duties, line manager, employer etc, these changes must be discussed in advance of the effective date of the changes with the secondee. Where such changes my affect the secondee’s grade, the employee must be kept informed of progress and given the same opportunity as non-seconded staff to access information, support etc.

External

A minimum notice period required for all secondees to return to their substantive organisation is 4 weeks on either side or as otherwise agreed by all parties. An acceptable notice period on both sides should be agreed by all parties and stated in the secondment agreement.

Internal

A minimum notice period required for all secondees to return to their substantive post is 4 weeks on either side or as otherwise agreed by all parties/giving notice appropriate to the grade of the role.

Incoming

An acceptable notice period on both sides should be agreed by all parties and stated in the secondment agreement.

External and Internal Secondments

1. The secondment will end on  the date stated in the change of contract letter or secondment agreement and the employee will return to their substantive role, or
2. At least 3 months prior to the end date of the initial secondment, the host or substantive line manager may request an extension. Agreement will be through discussion with the relevant HR Partner/Advisor or
3. At least 3 months prior to the end date of the extension to the initial secondment, the line manager will request that the post be made permanent through discussion with their HR Partner/Advisor

Incoming Secondments

1. The secondment will end on  the date stated in secondment agreement and the employee will return to their substantive organisation, or
2. At least 3 months prior to the end date of the initial secondment, the host or substantive line manager may request an extension. Agreement will be through discussion with the substantive organisation, the secondee, the university line manager and their HR Partner/Advisor
3. At least 3 months prior to the end date of the secondment, the secondment becomes an open-ended post and is advertised in the normal way. The secondee does not have any automatic right to the role and if they are unsuccessful in being appointed to the post they will return to their substantive organisation on the end date stated in their secondment agreement.

Trent and payroll

The Human Resources Recruitment and Administration team will take action as normal upon receipt of the relevant information. Trent and payroll changes will be triggered upon receipt of:

• External Secondments – a PD02 and resulting secondment agreement
• Internal Secondments – a PD02 and resulting change of contract letter
• Incoming Secondment – a PD02 and resulting secondment agreement

Whether in the UK or overseas, the health and safety of secondees is paramount. A risk assessment must be carried out if the location of the secondment is anywhere other than the University of Exeter. This should include the 7 Health and Safety factors:

• Type of work; inherent risks and controls available locally (eg H7S management, fire safety and first aid provision)
• Travel and transportation to and from the work location (road hazards and risk)
• Work location and/or region (local customs, local politics)
• General/environmental health (dealing with illness, difficult working conditions)
• Individual needs (disability?)
• Insurance limitations (who is providing insurance cover, employee and public liabilities)

The Health and Safety team can provide further advice on health and safety in fieldwork and should be contacted by the line manager or the secondee prior to any secondment agreement taking place if there are any concerns.

Secondee

• To maintain regular contact with their substantive employer and line manager during the secondment period (with a minimum of one meeting or telephone conversation every 3 months)
• Produce a report on their experience at the end of the secondment period, including reflection on their development and the possible transfer of knowledge into their substantive role (within 1 month of the end of the secondment) [Internal and External-Out secondees only]

Line Manager + Substantive employer

• To ensure that any secondment is correctly documented and agreed prior to the start date of the secondment
• To provide a named individual who will manage the secondment
• To inform HR at the earliest opportunity of the possibility of a secondment
• To maintain regular contact with the host employer and secondee (at least one meeting, telephone conversation every 3 months)
• To highlight to the host employer the University of Exeter’s expectations as set out below
• Ensure that the secondee is included in departmental communications, training etc and take active steps to welcome them back at the end of their secondment period
• Ensure that the secondee receives appropriate training and is included in performance management programmes

Line Manager + Host employer (where appropriate)

• To maintain regular contact with the substantive employer (at least one meeting, telephone conversation every 3 months)
• To provide appropriate induction and training for the secondee
• To provide a named individual who will manage the secondment
• Ensure that the secondee receives appropriate training and is included in performance management programmes

External secondments

• Am I happy that the secondment supports our business needs? Does it support the secondee's personal development needs?
• How long is the secondment for? Do I think it is likely to be extended? If it’s going to go over two years should it really be a secondment or is it a fixed term or open-ended post?
• Is there a post which needs to be backfilled? If so, does the length of it mean that a replacement will accrue any rights? Do I need to do an SR1 for approval?
• Who is going to line manage the secondee? Have I spoken to them yet?
• Have I outlined to the host line manager the expectations of the UoE?
• Have I agreed how the secondee and I are going to maintain contact during the secondment? Do I have full contact details for the secondee during this time?
• How will I do the secondee's PDR and keep them informed of any changes in the dept etc?
• Have I let my Human Resources Partner/Advisor know about the secondment?
• Will the secondee need any re-training before they come back to their substantive post?
• Has a PD10 Application for Sabbatical, Study Leave, Secondment or Leave of Absence for Research been completed?
• Whose secondment agreement are we going to use?
• Is the secondment agreement in place and signed by all 3 parties?
• If we’ve used a non-standard secondment agreement has it been run past Legal Services?
• Have I provided Human Resources with the details of the secondment so they can issue a change in contract letter?
• Have I thought about the Health and Safety aspects of the secondment?
• Have I done a risk assessment?
• Is this a group appointment – so I need to do all of the above for each of the secondees?
• Is the secondee currently working for the University of Exeter under a Certificate of Sponsorship? Have the implications of the secondment been investigated?
• Do we have Intellectual Property Rights covered?

Internal secondments

• Am I happy that the secondment supports our business needs? Does it support the secondee's personal development needs?
• How long is the secondment for? Do I think it is likely to be extended? If it’s going to go over two years should it really be a secondment or is it a fixed term or open-ended post?
• Do I need to do an eSR1?
• Is there a post which needs to be backfilled? If so, does the length of it mean that a replacement will accrue any rights? Do I need to do an eSR1 for approval?
• Who is going to line manage the secondee? Have I spoken to them yet?
• Have I agreed how the secondee and I are going to maintain contact during the secondment? Do I have full contact details for the secondee during this time?
• How will I do the secondee's PDR and keep them informed of any changes in the dept etc?
• Have I let my Human Resources Partner/Advisor know about the secondment?
• Will the secondee need any retraining before they come back to their substantive post?
• Has a PD10 Application for Sabbatical, Study Leave, Secondment or Leave of Absence for Research been completed?
• Have I completed a PD02 (or PD02C for Clinical Secondments) and submitted it to Human Resources?
• Has a change of contract letter been signed by the secondee and returned to Human Resources?
• Have I thought about the Health and Safety aspects of the secondment?
• Is the secondee currently working for the University of Exeter under a Certificate of Sponsorship? Have the implications of the secondment been investigated?

Incoming secondments

• Am I happy that the secondment supports our business needs?
• How long is the secondment for? Do I think it is likely to be extended? If it’s going to go over two years should it really be a secondment or is it a fixed term or open-ended post?
• Do I need to do an eSR1 for approval?
• Who is going to line manage the secondee?
• Have I outlined to the substantive line manager the expectations of the University of Exeter?
• Have I let my Human Resources Partner/Advisor know about the secondment?
• Whose secondment agreement are we going to use?
• Is the secondment agreement in place and signed by all 3 parties?
• If we’ve used a non-standard secondment agreement has it been run past Legal Services?
• Have I completed a PD02 (or PD02C for Clinical Secondments) and submitted it to HR?
• Have I thought about the Health and Safety aspects of the secondment?
• Have I done a risk assessment?
• Is this a group appointment – so I need to do all of the above for each of the secondees?
• Is the secondee currently working for their substantive employer under a Certificate of Sponsorship? Have the implications of the secondment been investigated?
• Do we have Intellectual Property Rights covered?
• Are the invoicing arrangements for the secondee's costs arranged? How often will we be invoiced?
• Has an acceptable notice period been agreed with the substantive employer?