1. INTRODUCTION
1.1 Kings College Hospital NHS Foundation Trust recognises the need for employees to provide temporary cover for vacant posts, which may need to be covered for a limited duration. The Trust is committed to equality of opportunity for all staff and will apply this principle in recruitment and selection. Therefore, all posts, including 'Acting Up' and 'Secondment' roles will be open to a selection process.
1.2 This policy aims to ensure that development opportunities are maximised during the 'Acting Up' arrangement, or during the terms of the Secondment agreement. These arrangements can also provide flexibility, and help the Trust to be more responsive by increasing and improving staff knowledge and skills ability, whether these are internal Secondment or 'Acting Up arrangements or external Secondments with other organisations.
1.3 The policy sets out the circumstances under which staff may be offered 'Acting Up' or 'Secondment' opportunities and highlights the procedures to be followed, including the payments and other terms which must be applied. All arrangements must comply with the appropriate procedures and must be confirmed in writing.
1.4 'Acting Up' and 'Secondments' by their nature are temporary appointments.
2. PURPOSE AND SCOPE
2.1 This policy will ensure that 'Acting Up' and 'Secondment' appointments are consistent and equitable, made on merit and within required timescales to ensure continuity and quality of service delivery.
2.2 The policy applies to all substantive staff working in the Trust.
3. ROLES AND RESPONSIBILITIES
3.1 The Chief People Officer has overall responsibility for ensuring this policy is fully implemented
3.2 The Head of Employee Relations is responsible for raising awareness of the standards of this policy and, ensuring that the policy is used appropriately and for monitoring and reviewing this policy.
3.3 Line Managers are responsible for:
➢ Ensuring they are familiar with and act in accordance with the provisions of this policy. ➢ Keeping the employee informed and consulted where appropriate about any developments, changes and general information about their normal place of work / team. Acting Up and Secondment Policy
3.4 The Designated Host Manager is responsible for:
➢ Ensuring 'Acting Up / Secondments' are appropriately advertised / promoted to ensure eligible staff have the opportunity to apply. ➢ Following the Trust's Recruitment Policy, when advertising 'Acting Up / Secondment roles, In line with King's Jobs commitment to developing internal staff ➢ Conducting Appraisals / Development reviews appropriate to the 'Acting Up / Secondment' arrangement and if agreed with previous line manager. ➢ Addressing any attendance, absence and performance/conduct issues, in accordance with the appropriate Trust Policies and liaising with previous line manager and Employee Relations, if appropriate. ➢ It is the responsibility of the host manager to ensure the appropriate administrative and financial arrangements are put in place with Conexia to implement and end the 'Acting Up / Secondment' and complete the relevant templates (e.g. Secondment Agreement - see Appendices 1 - 2 & Appendix 3 - Covering Secondment Letter; Appendix 4 'Acting-Up' Letter)
3.5 The Employee Relations Team are responsible for: ➢ Providing advice and support on the application of this policy.
3.6 The appointing manager, in partnership with Conexia, is responsible for: ➢ Advertising all internal 'Acting Up' and 'Secondment' roles in accordance with the Trust's Recruitment Policy. ➢ Confirm the terms of the 'Acting Up' and 'Secondment' by issuing the relevant secondment agreement and submitting a change of contract to Conxeia.
4. DEFINITIONS
4.1 Acting up : is voluntary and by agreement between the employee and the line manager in line with the process below and occurs when an employee is temporarily appointed to a post in a higher pay band and is required to assume the full duties / responsibilities of the higher paid job.
4.2 A Secondment : is the temporary loan or transfer of an employee to a different part of the Trust or to another employing organisation for a specific purpose and for a specified period of time. Secondments are voluntary and must be agreed with their line manager before applying. The manager will take into consideration the needs of the service regardless of seniority when deciding whether they can support a secondment opportunity.
4.3 A Host Manager is: the manager that has the 'Acting Up' and/ or 'Secondment' opportunity within their area.
5. 'ACTING UP' (TEMPORAY MOVEMENT INTO A HIGHER BAND) APPOINTMENTS
5.1 An employee can only act up into a vacant position within the agreed workforce structure and establishment. Acting Up and Secondment Policy
5.2 'Acting Up' appointments are made when an employee is appointed into a vacant post on a higher pay band for a limited time and s/he is required to assume full responsibilities and duties of the higher paid job. Examples may include:
➢ To provide temporary cover for a vacant post until a substantive appointment can be made. ➢ To provide temporary cover for long term sickness absence / maternity or parental leave, or other substantial leave.
5.3 The 'acting up' opportunity must be approved and advertised within the spirit of the Trust's Recruitment policy and an equitable appointment process must be followed even if there is only one applicant. This may mean that departments manage their own process following consultation with their Recruitment Partner
5.4 In exceptional circumstances (i.e. an urgent need for cover to be arranged) the line manager should contact their Recruitment Partner to discuss how to proceed.
5.5 'Acting Up' does not occur when the post holder occupying the higher paid job is on holiday or is absent for very short periods of time. Acting up (Temporary Movement into a Higher Band) is used when a vacancy is unfilled, but being advertised or the post is being held open for someone who is due to return, for example, from long-term sickness absence, maternity or parental leave, or from extended training.
5.6 'Acting Up' periods will be time limited; they should not normally last more than six months or less than one month, except in instances of maternity or parental leave or long-term sickness absence, where a longer period may be known from the outset. In circumstances where the employee is not required to carry out the full responsibilities of the post, pay will be determined by job evaluation.
5.7 The period of 'acting up' may be extended beyond the twelve -month time limit with the agreement of the Associate Director of Workforce in the following exceptional circumstances:
➢ The vacant post has been appointed to and the extension is to cover the notice period of the successful applicant. ➢ The planned return of the substantive post holder has been unavoidably delayed. ➢ The Ward / Department / Service area is undergoing organisational change and it would not be appropriate to recruit substantively until the change process has been completed.
5.8 Where an 'acting up' arrangement requires an extension, it must be clear between the employee and the line manager of the revised end date and the fact that the arrangement continues to be temporary, and must be followed up in writing. This is required to ensure that the arrangement is not assumed to be or becomes permanent. Acting Up and Secondment Policy
5.9 Any changes to remuneration will be in accordance with Agenda for Change NHS Terms and Conditions of service. Pay will be set at the minimum of the new pay band;
5.10 The terms and conditions of service applying to the higher banded post will also apply to the employee during the 'acting up' period.
6. 'SECONDMENT' APPOINTMENTS
6.1 A secondment will be arranged where there is a need to complete a specific task / assignment / project or to provide temporary cover for a vacant post.
6.2 Where the purpose of the secondment is to complete a specific task / assignment / project, then a job description and person specification must be prepared and submitted for job matching to determine the appropriate pay band for the secondment post.
6.3 The period of secondment will normally be for a period from three to twelve months. Should it be necessary to extend the secondment beyond twelve months, then the manager must obtain further financial approval to do this. The application for financial approval must explain the reasons for the extension and the period of extension required.
6.4 Employees have the right to apply for any 'secondment' opportunity either within or outside the Trust. However, there is no right to automatic approval, and the Trust reserves the right to refuse such a request where it would be deemed detrimental to the service. Employees must have detailed discussions with their line manager about the secondment opportunity prior to applying for the secondment. To enable the line manager to give proper consideration of the employee's request irrespective of seniority the following points must be discussed:
➢ The impact on the Ward / Department / Service area. ➢ How the Ward / Department / Service area could be covered during the employee's absence. ➢ The duration of the 'secondment'. ➢ The right to return to either their existing job or another job of equal value. ➢ The skills and experience to be gained by the employee which may address personal and professional issues identified through their appraisal process and / or contribute to business plans.
Internal Secondments
6.5 The appointing line manager must advertise the 'secondment' opportunity internally within the Trust, and consider all suitable employees in accordance with the Trust's Recruitment Policy . An equitable appointment process must be followed even if there is only one applicant. Acting Up and Secondment Policy
6.6 The internal secondment will be actioned by the host manager. A copy of the secondment template can be found as Appendix 1. Conexia will issue a change of contract based upon the corresponding recruitment episode.
External Secondments from another organisation to King's.
6.7 The secondment will be actioned by the Recruitment Team of the employee's Trust and not King's. A copy of the secondment contract will be sent to the Host manager and Conexia for their records.
6.8 Where the job has been advertised externally and an individual applies who is not a Trust employee, then the appointing manager must ensure that:
➢ The individual has discussed the secondment opportunity with their employer (normally this would be the employee's substantive line manager) and the proposed arrangements for the secondment are supported.
➢ The individual understands that, if successful they will remain a substantive employee with their current employer and will not become an employee of King's.
➢ The appropriate arrangements are in place to ensure that the employee is paid correctly and that the arrangements of the re-charge of salary are in place. The employee will be paid by the current employer and not King's. The Recruitment team of the current employer should liaise with their finance department who will in turn liaise with King's Finance department regarding the re-charge of salary. The line manager is ultimately accountable for ensuring that the arrangements of the re-charge of salary are in place.
➢ The individual understands that at the end of the secondment they will return to their substantive employment with the current employer.
➢ The individual understands that if their application is successful then a 'Secondment Agreement' will be prepared for signature by the ir substantive employer to formalise the terms and conditions of service applying to the 'secondment'.
External Secondments from King's to another organisation
6.9 Employees seconded to another Trust (NHS Employer) will retain their employment rights afforded by continuous employment with the Trust throughout the period of secondment.
6.10 The line manager at King's will action the secondment. A copy of the secondment agreement can be found as Appendix 2, and submit a change of contract form to Conexia to amend the employee's record. Acting Up and Secondment Policy
6.11 At the end of the 'secondment' the employee will either return to their original post or to another job of equal value on their substantive salary, terms and conditions of service. This must be agreed in writing between the line manager and the employee prior to the commencement of the 'secondment'.
7. TERMINATION OF 'ACTING UP' AND 'SECONDMENT' ARRANGEMENTS
7.1 At the end of the period of 'acting up' or 'secondment', the employee will return to their substantive or agreed post on their substantive salary, terms and conditions of employment.
7.2 The Trust and the employee reserve the right to end a secondment early by giving notice in writing in accordance with their notice period for the Band they are seconded in.
7.3 Should any party wish to terminate the secondment before the agreed end date, or following an extension, the agreed contractual notice for the banding of the current secondment or the acting up period must be provided, unless it has been agreed by all parties for the arrangement to be terminated earlier. The line manager is responsible for keeping the post available for the employee to return to their substantive post after the secondment or acting up period has ended. If there is a change management process affecting that post the staff member will be consulted in line with the Organisational Change Policy.
7.4 If an employee resigns from their substantive post and is leaving the Trust, they would need to provide a formal resignation letter to the substantive line manager. The substantive line manager must terminate the employee and ensure they are no longer on KCH's payroll by completing 'Applaud which will automatically transfer to Conexia.
7.5 If an employee is seconded to another department within the Trust and wishes to leave their substantive role for their seconded role, the Host line manager would need to recruit them using a fair recruitment process in line with the Trust's Recruitment Policy, before the employee submits a resignation letter to their substantive line manager. This should be done to ensure they are ready to become an employee of the host department by the time their notice period has expired.
8. SUPERVISION DURING PERIODS OF 'ACTING UP' AND 'SECONDMENTS'
8.1 The line manager is responsible for ensuring that the individual is properly inducted into the new role and ensuring that regular clinical and/or managerial supervision is in place to support the employee in their appointment.
9. EMPLOYEES ON FIXED TERM CONTRACTS
9.1 Employees already employed on a fixed term contract basis, who apply for and are seconded, internally or externally for a period of time that exceeds the original fixed term appointment, have no guarantee of a role on the expiry of the secondment. When an employee's secondment is likely to be terminated they can try to secure another post in the Trust. The vacancy section Acting Up and Secondment Policy
on the Trust website should be brought to the employee's attention. Acting Up and Secondment Policy
10. REIMBURSEMENT OF COSTS
10.1 Reimbursement of costs will only apply with external secondment arrangements when the Trust (KCH) take the decision to continue to pay the secondee whilst they are on secondment, and subsequently invoice the host Trust for the cost of salary.
10.2 The seconder will be responsible for discussing the details of the invoice / reimbursement plan with their relevant Finance department.
10.3 If a decision is taken to suspend the secondee's salary whilst on secondment, and the host Trust to make salary payments, reimbursement of costs will not need to apply. This will only apply to lapsed registration, Visa / Certificates of Sponsorship that have expired (right to work).
11. MATERNITY OR PARENTAL / ADOPTION / PATERNITY / SHARED PARENTAL LEAVE DURING A SECONDMENT
If an employee wishes to take Maternity or parental / Adoption / Paternity / Shared Parental Leave whilst they are on secondment, they should inform their host manager using their normal leave request processes, who will pay for their leave accordingly.
Where the agreed secondment end date falls during the employee's period of leave, the seconder, secondee and host manager should meet to discuss the end or extension of the secondment.
12. MONITORING ARRANGEMENTS
Measurable Policy Objectives i.e. what will be monitored? Monitoring Audit Method Frequency of monitoring Responsibility for performing the monitoring Monitoring reported to groups/committees incl. responsibility for action plans All Acting-up and Secondment Opportunities are fair and equitable
Recruitment process checked to ensure correct processes are followed
Yearly
Recruitment Team
Joint Consultative Committee Acting Up and Secondment Policy
13. REFERENCES
Fixed Term Contract Guidance Recruitment Policy Parents Policy
Appendix 1: Internal Secondment
SECONDMENT AGREEMENT (Internal Secondments)
This Agreement records the 'Variation to Contract' agreed and arrangements for the Secondment of the following:
Name of Employee: Current Department / Unit: Purpose of Secondment:
The purpose of the Secondment is to:
➢ Provide the employee with an opportunity for career development / skills enhancement;
➢ Employee to gain expertise and ideas that can be transferable to their substantive role and department / service;
➢ Promote closer links between the substantive department / service and the service to which the employee is being seconded too;
➢ Create greater understanding between the two departments / services
Duration of the Secondment:
The duration of the Secondment will be The Secondment will commence on and terminate on
Job Title, Band and Job Description:
The employee's role during secondment will be A job description is attached.
Terms of Secondment:
Band:
Hours of Work:
The hours of work will be per week. All other Terms and Conditions of Employment remain unchanged, unless specifically indicated above.
Terms of Secondment:
During the period of the Secondment, all Terms and Conditions of Employment remain unchanged.
Reporting and Management Arrangements:
During your secondment, you will report, on a day to day basis, to This will include the reporting of sickness, annual leave absences and Appraisals.
Termination of Secondment:
At the end of the Secondment, you will return to your substantive post at King's College Hospital NHS Foundation Trust. The Trust guarantees to reinstate you to your former post, with the pay and benefits that you would have received had the Secondment not taken place.
On your return to your substantive post and department / services, there will be a formal review of how your experience during the Secondment has contributed to your personal development and performance in the substantive role.
I hereby agree to the above Terms and Conditions of the period of Secondment:
(The Employee)
I hereby agree to the above Terms and Conditions of the period of Secondment:
(The Substantive Manager)
I hereby agree to the above Terms and Conditions of the period of Secondment:
(The Seconding Manager)
Appendix 2: External Secondment Agreement
SECONDMENT AGREEMENT (External Secondments)
This Agreement is made between:
1. King's College Hospital NHS Foundation Trust, Denmark Hill, London SE5 9RS ("the Employer") 2. Other Trust / Organisation, [insert Address] ("the Host") 3. Name and Address of Employee ("the Employee")
Whereas:
(A) The Employee is employed by "the Employer". (B) Both parties have agreed that, subject to the terms hereof, for the period from Date until Date, the "Employee" will provide his/her services to "the Host" as Job Title pursuant to the terms of this agreement and "the Employee" agrees that his/her contract shall be varied accordingly.
It is Agreed as follows:
1. Duration
Subject to the terms hereof, this Agreement is effective from Date until Date, ("the Term"). 2. Services To Be Provided and Obligations Of Both Parties 2.1 "The Employer" agrees to supply to "the Host", for the duration of "the Term", the services of "the Employee" to undertake the role of Job Title. 2.2 "The Employee" agrees, for the duration of "the Term", to provide his/her services to "the Host". "The Employee will comply with "the Host's reasonable requirements and instructions as communicated to "the Employee" from time to time. 2.3 "The Employee" will report to the Name - Responsible Manager. The day to day direction and supervision of "the Employee" and his/her conduct and actions shall be the exclusive responsibility of and at the risk of, "the Host".
2.4 Nothing in this Agreement will be construed to have an effect as forming or recording any relationship of employer and employee between "the Host" and "the Employee" and nothing in this Agreement shall constitute or be construed as constituting or establishing any partnership or joint venture between the parties to this Agreement for any purpose whatsoever. 2.5 "The Host" will be responsible for providing "the Employer" with all relevant management information to enable "the Employer" to pay "the Employee" correctly and complete necessary returns (e.g. sickness, other absence, reportable incidents / accidents. 2.6 Responsibility for any travel, accommodation, telephone and other expenses which are reasonably and property incurred by "the Employee" over and above such expenses normally associated with the performance of his / her duties during "the Term" will be paid by "the Host".
3. Variation of the Agreement
3.1 The Agreement may only be varied with the express written agreement of the parties.
4. Termination of the Agreement
4.1 This Agreement will last for the duration of the term specified and will automatically terminate upon the expiration of the Term. 4.2 This Agreement may be terminated by "the Host" or "the Employee" on provision of XX weeks' notice in writing to the other parties. 4.3 This Agreement may be terminated by notice in writing having immediate effect by "the Host" if any of the other parties hereto commits any material breach of its obligations under this Agreement. 4.4 The termination of this Agreement shall not affect any rights or obligations of the parties which accrued prior to such termination.
5. Indemnities
5.1 "The Employee" will remain employed by "the Employer" for the duration of his/her secondment to "the Host". It is agreed that "the Employer" shall be responsible for all income tax liability and National Insurance or similar contributions in respect of any payment to "the Employee" for the provision of services by "the Employee" to "the Host" under this Agreement. 5.2 "The Employer" shall incur no liability for loss, damage or injury of whatever nature sustained by "the Employee" insofar as it arises wholly as a result of negligence or wilful default on the part of "the Host" or any of its employees. 5.3 "The Host" shall incur no liability for loss, damage or injury of whatever nature sustained by "the Employee" insofar as it arises wholly as a result of negligence or wilful default on the part of "the Employer" or any of its employees. 5.4 "The Host" shall indemnify "the Employer" against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, demands, penalties, fines or expenses suffered or incurred by "the Employer" which are attributable to any act or omission by "the Host" or any other person for whom "the Host" is liable. 5.5 "The Employer" shall indemnify "the Host" against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, demands, penalties, fines or expenses suffered or incurred by "the Host" which are attributable to any act or omission by "the Employer" or any other person for whom "the Employer" is liable arising out of the employment of "the Employee" during the Term.
6. Place of Work
6.1 "The Employee" will be expected to deliver the "Services" at such locations as may be reasonably required by "the Host".
7. Hours of Work
7.1 "The Employee" will supply the "Services" within the terms of his / her contract of employment.
8. Health and Safety
8.1 "The Host" shall be responsible for ensuring that "the Employee" observes its health and safety policies and procedures and maintains a safe method of working. "The Employee" will observe all reasonable safety instructions given to him/her from time to time by "the Host".
9. Grievance and Disciplinary
9.1 All matters of grievances and disciplinaries shall be dealt with by "the Host" in accordance with its normal policies and procedures.
10. Periods of Leave
10.1 "The Employee" shall book all leave to which he/she is entitled to with "the Host". 10.2 In the event of sickness absence, "the Employee" shall notify "the Host" in accordance with "the Host's" local / agreed procedures.
11 Fees and Invoicing
11.1 "The Host" agrees to meet the salary costs of "the Employee" for the duration of the Secondment on his / her current Band X pay scale. "The Employer" shall invoice "the Host" for the gross cost of the Secondment on a monthly basis. If the Secondment is extended beyond the current agreed duration, then "the Employer" will invoice on a further monthly basis during the Secondment period. "The Host" will be responsible for expenses during the Secondment period as set out in paragraph 2.6. 12 Substantive Employment
12.1 At the end of the Secondment, "the Employee" will return to his / her substantive post of Insert Job Title on Band X with King's College Hospital NHS Foundation Trust. 12.2 The Trust agrees to reinstate the pay and benefits that "the Employee" would have received had the Secondment not taken place.
I hereby agree the above Terms and Conditions on behalf of the Other Trust / Organisation ("The Host").
I hereby agree the above Terms and Conditions on behalf of King's College Hospital NHS Foundation Trust ("The Employer").
I hereby agree the above Terms and Conditions
("The Employee")
Appendix 3: Secondment Covering Letter
Insert Date
Strictly Private & Confidential Addressee only
King's College Hospital NHS Foundation Trust King's College Hospital Denmark Hill London SE5 9RS Tel: [insert your number] Email: [insert your email]
Insert Name Insert Address
Dear Insert Name
Re: Secondment
Following recent discussions held on [ Insert Date ], I am pleased to attach the 'Agreement' with regards to your forthcoming Secondment.
I would be grateful if you could sign the 'Agreement' and return to me in order for me to obtain signatures of other parties. Once this is completed by the signatories, a final copy will be sent to you.
I hope you find this 'Agreement' outlines what we discussed and agreed, but if you do have any queries or require further clarification, please do not hesitate to contact me.
Yours sincerely
Insert Name Job Title
Cc: Recruitment Team Enc: Secondment 'Agreement'
Appendix 4: Acting Up Letter
Strictly Private & Confidential King's College Hospital NHS Foundation Trust King's College Hospital Denmark Hill London SE5 9RS Tel: [insert your number] Email: [insert your email] Addressee only Insert Date
Insert Name Insert Address / Department
Dear Insert Name
Re: 'Acting-Up' in the role of [Insert Job Title]
Further to your recent interview held on [insert date], I am pleased to confirm your temporary 'Acting - Up' appointment with effect from [insert date].
As discussed with you during the interview, the 'Acting -Up' role is for a period of XX months and is to cover [ insert details]. Whilst in this role, you will be paid at the first pay point in Band X. This payment is taking into account the extra workload and responsibilities involved and the seniority of the position being covered.
At the end of this 'Acting -Up' period, you will return to your substantive post, on your substantive salary, terms and conditions of employment.
The Trust and yourself reserve the right to end this arrangement by giving you X week(s) notice period.
I wish you every success in this role and should you require further clarification, please do not hesitate to contact me.
Yours sincerely
Name Job Title
Cc: Conexia
Have the 'Style & Format' requirements of the 'Policy on Policies' been followed in the development and review of this document?
Yes
Are the following headings with supporting information included? - Introduction Yes - Definitions Yes - Purpose and Scope Yes - Duties Yes - Implementation Yes - Monitoring of Compliance Yes - Associated Documents Yes - References Yes - Appendix: Checklist for the Review and Approval of Trust-Wide Policies Yes - Appendix: Equality Risk Assessment Yes Does the document clearly detail who has been involved as part of the consultation?
Yes
Has the document received final approval from the appropriate committee / group as described in the 'Policy on Policies' prior to submission for ratification?
Yes
Does the 'Document Location and History' section clearly state where the current document can be located, the document that it replaces and where the archived document can be found?
Yes
Yes
Yes
EQUALITY RISK ASSESSMENT FORM Name of Policy / Project / Function Acting Up and Secondment Policy Date of Assessment 13 October 2021 What are the aims of this project, policy, function, and or service? 2.1 This procedure applies to all staff employed by the Trust. The policy puts in a framework and guidance which ensures that the process has been applied fairly, equitably and consistently. Who could be affected by this proposal? (e.g. applicants, employees, customers, service users, members of the public) All staff employed by the Trust Which policies are related to or referred to as part of this assessment? Fixed Term Contract Guidance Recruitment Policy Parents Policy How will the impact on people be assessed? (e.g. consultations forums, meetings, data collection) Consulting with: Workforce, Trade Unions, Policy Review Group, Joint Consultative Committee
Please include available Equality Data relating to the use or implementation of this policy, project, function or service? (e.g. Care Group breakdown, WRES, WDES, Sexual Orientation monitoring standard, Patient Feedback, Workforce data etc.) Not Applicable Which stakeholder consultations have been included in the development or implementation of this policy, project, function or service?
FOR EQUALITY DIVERSITY AND INCLUSION TEAM Date of Assessment: (dd/mm/yyyy)