Secondment Agreement

The following sets out the agreed terms and conditions for the
Secondment of: ______________________________________ (“Employee”)
From: Department of ____________________ (“Lending Organization”)
To: Department of ___________________ (“Receiving Organization”)

Purpose
The Employee is seconded to the Receiving Organization from the Lending Organization to assume
responsibilities as ____________________________.

Duration
It is agreed that the Employee will assume responsibilities effective on ___________ and that the
secondment will continue for ( ) months, with provision for extension subject to agreement of all the
parties.

Salary and Benefits

Employment Records
The Receiving Organization agrees to maintain all records related to employment of the Employee
and will provide a performance evaluation on the Employee periodically and prior to the end of the
secondment period. The Receiving Organization will transfer the employment records relating to the
Employee’s secondment to the Lending Organization (which maintains the Employee Master File)
upon completion of the secondment.

Termination of Agreement
This Agreement will automatically terminate upon the expiration of the Term, or
the prior termination of the Employee’s contract of employment by the
Employer. This Agreement may be terminated by the Employee at any
time upon providing the Employer and the Host with a minimum of one
months' written notice unless the parties otherwise agree to a shorter
period.
This Agreement may be terminated by the Host at any time upon providing the
Employer and the Employee with a minimum of one months' written
notice unless the parties otherwise agree to a shorter period.
This Agreement may be terminated by notice in writing having immediate effect
by either the Employer or the Host if any of the other parties hereto
commits any material breach of its obligations under this Agreement.
The termination of this Agreement shall not affect any rights or obligations of the
parties which accrued prior to such termination.
Indemnities
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 payment of the Employee’s salary during the Term,
together with 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.
The Employer shall incur no liability for loss, damage or injury of whatever nature
sustained by the Employee insofar as it arises as a result of any act or
omission on the part of the Host or any of its employees.
The Host shall incur no liability for loss, damage or injury of whatever nature
sustained by the Employee insofar as it arises as a result of negligence or
any act or omission on the part of the Employer or any of its employees.
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.
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, save that the Host shall be liable for 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 employee during the Term.
Place of work
The Employee's base during the Secondment shall be xxxxxxxxxxxxxxxxxxxxxx
but he/she will be expected to deliver the Services at such locations as
may be reasonably required by the Host.
Hours of work
The Employee will supply his/her services within the terms of his/her contract of
employment.
Health and Safety
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 her from time to time by the Host.
Grievance, discipline and conduct standards
The Employee agrees that he/she will continue to abide by the NHS
Managers
Code of Conduct as amended from time to time.
All matters of grievance and discipline shall be dealt with by the
Employer in
accordance with its normal disciplinary procedures.
The Host agrees to co-operate fully with the Employer to resolve
grievances
raised by the Employee.
The Host undertakes to report to the Employer, at the earliest
possible
opportunity, all matters which may require disciplinary action by the
Employer, and to participate promptly in any subsequent action which
may be necessary.
Periods of leave
The Employee shall book all leave to which he/she is entitled with the
Host.
In the event of sickness, the Employee shall notify both the Employer
and the
Host in accordance with the agreed procedure of each party.
Finances
The Employer will fund the cost of the secondment agreement until
xxxxxxxxxxxx.
Information Governance and IM&T Security
During the course of his/her time with the Host, the Employee may
acquire or
have access to confidential information which must not be disclosed
to
any other person unless in pursuit of her duties under this
Secondment
Agreement.
Confidential information includes all information or material which is
the
property of the Host or which the Host is obliged to hold
confidentially including, without limitation, lists or details of patients,
information relating to the working of any process or invention carried
on
or used by the Host or any research projects, prices, discounts,
mark-
ups, future business strategy, marketing, tenders, any price sensitive
information, and any proprietary information.
The Data Protection Act 1998 regulates the use of all personal
information and
includes electronic and paper records of identifiable individuals
(patients
and staff). The Host is registered in accordance with this legislation. If
the Employee is found to have unlawfully used any information seen
or
heard whilst working with the Host, the Employee and the Employer,
may
face legal action. The Employee also understands that the Host has
responsibilities under the Freedom of Information Act 2000 and in
conducting itself in a transparent way as a public body.
The Employee therefore gives the following undertakings before
commencing
work with the Host:
12.4.1. The Employee understands that he/she continues to be
bound by
a duty of confidentiality and so agrees to adhere to the conditions
within clause 17 of the Contract of Employment.
12.4.2. The Employee understands that he/she owes duties of
confidence to the Host as set out in 12.1 to 12.2 of this
Agreement.
12.4.3. The Employee understands it is his/her responsibility to
comply
with the requirements of the Data Protection Act 1998.
12.4.4. The Employee understands that given the Freedom of
Information Act 2000 and the Cabinet Office Transparency Rules
pay data relating to his/her may be published by the Host and
Employer in line with those Rules.
The parties agree that none of these provisions prohibit the
Employee from
making a protected disclosure within the meaning of part IV of the
Employment Rights Act 1996.
The parties agree that they will abide by and act consistently with the
Equality Act
2010 in discharging their responsibilities under this Agreement.
I hereby agree to the above terms and conditions:-
Signed ______________________________________ Date:
__________
Name: xxxxxxxxxxxxxxxx (“The Employee”)
I hereby agree the above conditions on behalf of the
xxxxxxxxxxxxxxxxx (“The Host”)
Signed _____________________________________ Date:
_____________________
Name: ____________________________________
I hereby agree the above conditions on behalf of NHS
Commissioning Board, known as
NHS England (“The Employer”)
Signed ______________________________________ Date:
_________
Name: xxxxxxxxxxxxxxxxxxxxxx