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Secondments from other Partnerships

We are in the process of offering a secondment role to a teacher who is not part of our MAT but a school we work very closely with.  I need to prepare a secondment agreement to outline who is managing the employee - sickness, performance management etc. and also how the payment(s) work for salary and cross charging to the other school.  Does anyone have advice as to how the agreement should be worded and what I need to include.  Also, do I need to ask the employee to complete a medical form (as we would with new employees).  Should I apply for another DBS or would the one she has with her current school cover this.  Any advice would be appreciated.  Many thanks

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  • Hi Sharon

    Have no experience with schools and teachers in this context, but sure it’s little different to most secondment scenarios in that two documents are needed  - one setting out the arrangements between each school / employer and the other from the other school confirming to their  employee  the arrangements that will apply to their secondment - eg that as from whenever until approx whenever they are seconded to Your School at a salary of whatever and as whatever under the day to day direction and control of whoever. And setting out any different things that will apply to their employment during the secondment and confirming that except as modified by this document all their other terms and conditions of employment continue unchanged.

    The other document between the schools might incorporate a copy of the above, along with confirmation that the secondee will remain their employee on their  payroll and that they will continue to be responsible for eg any DBS, disciplinary or grievance or medical or formal appraisal processes, in consultation as needs be with yourselves. And that they will invoice you each month of the secondment a sum amounting to the secondee’s gross pay plus employment etc costs of x percent which your school  undertakes to pay to them within 30 days or whatever.

  • In reply to David:

    Thank you David as ever for your support. Makes perfect sense!
  • In reply to Sharon :

    (Originally mixed up in above response seconding and secondee schools but I hope subsequently edited it correctly)
  • In reply to Sharon :

    In addition to David's suggestions here is a quick list of things I always have in mind when organising secondments. Firstly an addendum to the existing t&c's, and secondly an intercompany agreeement between the employer and the host organisation. Hope it helps

    Addendum to employment contract

    • w.e.f. XXXXX date, seconded to XYZ organisation as ABC (job), at (place)
    • On a day-to-day basis you will report to (position in host company)
    • expected duration of secondment
    • secondment can be ended at the initiative of employer or host company (notice period)
    • Your existing conditions of employment will be unchanged during the assignment except for
    • Exception 1
    • Exception 2
    • Exception 3
    • Exception 4
    • You will at all times remain an employee of (employer) and the period of secondment will count as continuous employment with employer
    • You agree to comply with the internal operating procedures of Host Company (hours, timekeeping, expense claims?), and legitimate instructions of Host Company

     Intercompany agreement

    • Between (Employer) and (Host Company), concerning (employee)
    • Employer and Host Company agree that Employee will be seconded from Employer to Host Company w.e.f. (date) as (job in host company)
    • Expected duration of secondment
    • Procedure for employer and host company to end secondment (notice period and process)
    • Explicit statement that during the secondment Employee will remain an Employee of Employer
    • Legal responsibilities of employer and host company with respect to Employee, and to employee's actions
    • Host Company agrees to meet the employment costs of Employee (list items if appropriate)
    • Procedure for billing and payment, including charges for late payment
  • In reply to Ray:

    Thank you for taking the time to provide this information Ray, much appreciated