This is a sample template for the agreement made between a Prince’s Trust Delivery Partner and any organisation seconding personnel to that Delivery Partner as a Team Leaderor Assistant. This template is based on real examples of best practice and so includes all the contractual issues which may need to be clarified.

This level of detail is favoured by some uniformed services. However, it is the responsibility of the Delivery Partner to ensure that the agreement is consistent with the organisations own operational and legal requirements.

Secondment Agreement

This agreement is made between:

(Insert Delivery Partner)

Hereinafter referred to as (DP)

(Insert Seconding organisation)

Hereinafter referred to as "the Employer"

(Insert name of secondee)

Hereinafter referred to as "the Secondee".

Other Abbreviations

Team Leader

Hereinafter referred to as TL

Assistant/Deputy Team Leader

Hereinafter referred to as ATL

Relevant contact details are provided in Annex 2.

It is agreed:

1.Nature and Purpose of the Agreement

1.1The Employer agrees to second to DP the services of the Secondee. DP will agree with the Secondee the responsibilities they will be required to undertake as TL/ATL, an outline copy is attached to this agreement in (Annex 1). The Secondee will be responsible to the DP Line Manager identified in Annex 1 but will remain an employee of the Employer and the contract of employment between the Secondee and the Employer will remain in force. The Secondee agrees to such variations to that contract of employment as are necessary to facilitate the secondment as set out in this agreement.

  1. Duration of the Agreement

2.1The period of the secondment shall be (insert duration)commencing on (date)and subject to earlier termination of the agreement in accordance with clauses 18 and 19, ending on (date). Termination of the secondment for whatever reason will not terminate the Secondee’s employment with the Employer.

  1. Hours

3.1The hours of work will be 09:00 – 17:00, 5 days per week (Monday to Friday) although a flexible approach will be required at certain times e.g. residentialweek.

  1. Leave

4.1Annual leave entitlement will be in accordance with the Employer’s terms and conditions however any annual leave taken during the period of the secondment must be agreed in advance by DP. It is expected that the Secondee will not take long periods of leave during the secondment. The DP will notify the Employer of the Secondee’s leave dates at the expiry of the secondment.

4.2The DP Line Manager will be informed of any request for absence for compassionate or special leave. Leave will be granted according to the Employer’s procedures.

4.3Most uniformed services staff are required to undergo mandatory training at regular intervals to carry out their normal roles. If this is likely to fall during the secondment period, efforts should be made to rearrange if possible. Otherwise, the commitment will be recognised and supported by the DP who will require advance notice where applicable.

  1. Sick leave

5.1In the event that the Secondee is unable to attend work due to sickness, the Secondee should contact the line manager at DP. The Secondee shall forward self-certification forms signed by the DPline manager and medical certificates to the Employer.

5.2DP will notify the Employer of any periods of sickness absence of the Secondee during the period of the Secondment.

5.3The Secondee will remain subject to the Employer’s sickness absence procedures and sick pay scheme and will attend all medical examinations required by the Employer.

5.4The Employer will remain responsible for any statutory sick pay, statutory maternity pay (if relevant) or any like statutory sums payable to the Secondee.

  1. Pension

6.1The Secondee will continue to be covered by the Employer’s superannuation scheme whilst on secondment and the Employer will continue to maintain employer contributions during the secondment subject to the Secondee remaining as a member of the pension scheme.

7.Health and Safety

7.1The Employer shall retain all normal duties and other legal responsibilities of an employer to an employee in relation to the Secondee, but DPshall comply with all relevant requirements contained in or having effect under the legislation relating to health, safety and welfare at work. The Secondee will familiarise him/herself with DP Health and Safety Policy and will provide Next of Kin information to DP in order that any accidents occurring during the secondment can be handled appropriately.

7.2In the event of an accident occurring during the secondment, both the Employer and DP Line Manager will be informed by the Secondee. Any accidents should be recorded according to both the Employer and DP procedures.

8.Welfare

8.1Although it is primarily the responsibility of DP to manage and ensure the welfare of the Secondee during the secondment, it is also expected that the Employer will regularly contact the Secondee. DP will provide supervision and support to the Secondee.

9.Conduct

9.1The Secondee will remain subject to the Employer’s rules governing conduct and behaviour of staff.

9.2The Secondee agrees to abide by DP’scode of conduct for staff, working practices and financial regulations. In particular the Secondee agrees to the DVB/PVG/Access NI check that theDP will undertake.

9.3The Employer is responsible for any formal action against the Secondee in relation to misconduct or capability. DPwill inform theEmployer of any instances of alleged misconduct. Where it is appropriate DP will require the Employer to remove the Secondee from the secondment on a temporary basis whilst any investigation takes place. DP will provide the outcome of any internal investigation into alleged misconduct to the Employer and assist the Employer so that it can undertake its own formal disciplinary investigation.

9.4Any allegation of misconduct or issue relating to capability will be referred to the Employer, who will agree with DPthe appropriate action in line with the Employer’s policy.

9.5DP retain the right after consultation with the Employer to conduct investigations into any alleged act of misconduct by the Secondee which affects DPstaff or other DP secondees for the purpose of assisting DP in deciding whether or not to terminate the secondment as permitted under this agreement. This does not amend the rights of the Secondee as laid down in their Employers policies and procedures.

9.6Any grievances related to matters associated with the secondment should be resolved through DPgrievance procedure. The Secondee will continue to have the right to invoke the Employer’s grievance procedure should he/she be unable to resolve any matters concerning his/her terms and conditions of employment or the terms of the secondment which relate to terms and conditions of employment.

9.7The Employer will maintain employer’s liability and public liability insurance cover in respect of the Secondee during the secondment under the Employer’s Liability (Compulsory Insurance) Act 1969 or make other arrangements as it considers appropriate to support its liabilities under this agreement.

9.8DP shall indemnify the Employer against any liability which the Employer incurs due to:

9.8.1Any bodily injury or disease sustained by the Secondee during the period of secondment, (including liability for ill health and injury pension awards) and

9.8.2The performance by the Secondee of their duties under this agreement

provided that the liability arises in the course of the Secondee’s secondment under this agreement and does not arise from wilful default, negligence or bad faith on the part of the Secondee, the Employer, its agents or employees.

9.9The Employer shall notify DP upon becoming aware of any threatened or actual proceedings against the Employer in respect of which it is or may be indemnified by DP under the terms of this agreement

9.10The Employer further agrees that DP may have control of any legal proceedings, including the obtaining of legal advice as DP thinks fit, in connection with any such matter.

10Place of work

10.1The Secondee will be based at(DP location).

10.2DPwill provide all necessary equipment to the Secondee, which they have not with the agreement of the Employer brought with them to enable them to carry out their duties. Any equipment provided by DP shall be returned to DPon the termination of this agreement.

10.3If in exceptional circumstances DP requires that the Secondee substantially performs the services at any location other than as specified in Clause 10.1, it shall seek the agreement of the Employer.

11Business Ethics and Conflict of Interest

11.1The Secondee shall maintain appropriate professional standards including those necessary to avoid any real or apparent impropriety or to prevent any action or conditions, which could result in conflict with DP or Employer’sinterests.

12Performance

12.1The Secondee will be required to carry out all reasonable instructions, which DPmay give in connection with his/herwork. The DPline manager named in Annex 1 will manage the Secondee and submit a report on the Secondee’s performance to the Employer at the conclusion of the secondment.

12.2The Secondee will agree the purpose of the secondment with the Employer and DP and identify personal development goals, progress towards which the Secondee will be encouraged to review on a regular basis throughout the secondment.

12.3For Team Leaders, training will be provided by The Prince’s Trust as arranged by DP. Training for Assistant Team Leaders will be subject to negotiation between all parties and based on requirement. In all cases however, DP will provide TL/ATLsecondees with such induction, training and development as deemed necessary by DP, including appropriate training in the process of Risk Assessment (in consultation, where appropriate, with the Employer line manager) to ensure they are equipped to carry out their roles under this secondment contract. Any training and development provided must be in accordance with DP training policy and subject to the normal financial constraints.

12.4DP will not approach the Secondee with an offer of permanent employment during the continuance of this contract without prior agreement from the Employer.

13Payment

13.1The Employer will continue to pay the Secondee’s salary and any associated allowances in accordance with their current terms and conditions of secondment.

13.2The Employer shall be responsible for making appropriate salary payments to the Secondee, PAYE deductions for income tax and National Insurance contributions.

13.3Out of pocket travel expenses arising from the Secondee’s employment with DP and incurred on their behalf, are to be paid by DP at an agreed rate up to maximum of (insert amount/rate per mile) with the exception of the 5 day residential in week 2. Any additional costs to the Secondee resulting from the Secondment should also be agreed in advance and paid by DP. The Secondee is not expected to make any claims for overtime or expenses from the Employer. Similarly, the DP will not be liable to pay overtime to the Secondee nor be liable for other allowances that the Employer may pay the Secondee which are outside of the DP secondment terms and conditions.

14Confidentiality

14.1Unless the Employer notifies DPotherwise, all documents and information received by DP during or in connection with the performance of this contract from the Employer shall be held in confidence unless any duty to disclose information or records to a third party is imposed under statute or by a Court Order.

14.2Neither the Employer nor the Secondee shall at any time during or after the termination of this contract divulge any confidential information relating to DP, its Contractors, the Employer or any other services provided or duties performed under this contract to any person without the written consent of DP.

15Copyright

15.1Copyright in written work produced in connection with this contract or by the Secondee in the course of the provision of his/her services or the performance of his/her duties during the secondment shall be vested in DP.

16Assignment or Subcontracting

16.1Neither the Employer nor the Secondee shall assign or subcontract this contract or any rights or obligations thereunder without the previous written consent of the Employer.

17General

17.1English Law (or Scottish Law where applicable) shall govern this contract.

17.2Nothing in this contract shall create nor be deemed to create any relationship of employer and employee between DPand the Secondee who will remain throughout under the terms and conditions of their contract of employment with the Employer.

17.3This contract and its appendices entered into pursuant to its terms constitute the entire agreement between the parties hereto in relation to the secondment and supersede all negotiations or agreements either written or oral preceding the contract.

18Variation

18.1The terms of this contract may only be varied by the agreement of the DP, the Employer and the Secondee in writing.

19Termination

19.1This agreement may be terminated:

19.1.1At any time by the Employer or the DP giving to the other parties notice in writing.

19.1.2In the event of a finding of gross misconduct against and of the Secondee, DP can terminate this agreement without notice.

19.2The Employer has the right to terminate or suspend this secondment at any time by giving written notice to the other parties in the exceptional circumstance that the Secondee is (in the opinion of the Employer) required to undertake operational duties.

19.3On termination of the secondment the Secondee will be entitled to return to his/her substantive role on the terms and conditions applicable to that role (including pay). However if such a role no longer exists at the termination of the secondment the Employer will seek to identify and offer suitable alternative employment.

19.4The secondment will automatically terminate should the Secondee for any reason no longer be an employee of the Employer.

20Breach

20.1DP, the Employer or the Secondee may terminate this contract summarily in the event of a material breach of any of its terms by any party. Such termination shall not affect any rights, which the party so terminating the contract may have against the other(s) in consequence of the breach by the other party or parties.

Authorised to sign
for and on behalf of DP / Authorised to sign
for and on behalf of the Employer
Signature ...... ……………………. / Signature ...... ...…………………..
Name ………………………………………. / Name ...... …………………..
Date………………………………………… / Date……………………………………….

I agree to the above during the period of my secondment with (insert name of DP)

Signature of Secondee: …………………......

Name: ……………………………………………

Date: ...... ………………………………………….

Nov 2013 Template Secondment AgreementPage 1 of 9

JOB DESCRIPTION / Annex 1
Role Title:
Location:
Responsible To:
MAIN PURPOSE OF JOB

Annex 2

CONTACT DETAILS

EMPLOYER

SECONDEE

LINE MANAGER/EMPLOYERS NOMINATED CONTACT

DELIVERY PARTNER

DELIVERY PARTNER MANAGER

Nov 2013 Template Secondment AgreementPage 1 of 9