Falkirk Council aims to recruit and retain a high calibre of employees and ensure a commitment to equal opportunities. It is recognised that there may be occasions where employees wish to pursue secondment opportunities either internally within the Council or externally to other bodies. Alternatively, there may be occasions, where employees can support internal change by acting up into different posts for a short period of time.

Our Acting Up and Secondment arrangements are regarded as an opportunity to develop new skills and/or enhance existing skills, as well as responding to business needs. It also offers managers the flexibility to make short term changes to their team/section, to assist with short term projects, pending a service review or to cover the absence of a postholder e.g. sickness, maternity etc.

We are committed to applying our Equal Opportunities Policy at all stages of this Policy. Shortlisting, interviewing and selection to any secondment or acting up position must always follow the law on discrimination. This means that you must not discriminate against any application because of any protected characteristic.

Acting up arrangements (also known as higher duties) is where an employee temporarily covers part, or all, of a more senior post within their own section/team or service area. Secondments - where an employee moves on a temporary basis to a cover a post for a fixed period of time then returns to their substantive post or an equivalent post at the end of the set period of time. There are 3 types of secondments

• Internal – where an employee temporarily transfers within the Council for a period of time for a specific purpose, to the mutual benefit of all parties. Internal secondments will be always advertised, offering employees a fair opportunity to apply. Further information can be accessed in How to manage an internal secondment.
• External – where an employee is seconded to an external organisation which allows the employee an opportunity for personal development and experience which can be of value when the employee returns to the Council. Further information can be accessed in How to manage an external secondment.
• Inward – where an employee is seconded into Falkirk Council from an external organisation. This should be discussed with HR and Governance in advance of any agreement. Further information can be accessed in How to manage an inward secondment.

An employee can undertake additional duties or 'act up' into a vacant post or cover arrangement. Acting up arrangements should be considered in situations where there is a service need. For example:

• To fill a vacancy on a temporary/short term basis whilst waiting for permanent recruitment to take place
• To cover for the substantive post-holder during extended periods of absence, for example during long-term sick leave, maternity leave, career breaks or extended training.

An employee will be paid an allowance for undertaking agreed additional duties from an agreed date. There will need to be a post available for the employee to act up into. The allowance will be determined with regard to:

• The salary for the higher post
• the extent/percentage of the additional duties
• the period for which the duties are being undertaken

Where the employee is undertaking a percentage of the higher graded post, they will continue to undertake all or a percentage of their substantive role, dependent on the extent of the higher duties undertaken.

Where the employee is fully acting up into the higher graded role, undertaking the full duties of the role, consideration should be given for someone to act up or otherwise backfill their substantive post where appropriate.

Contractual documentation must be issued to the employee in advance to confirm the terms of the formal acting arrangements. The contractual documentation should be clear on the period and end date and also the reason for the acting up. For instance, if it is to cover an absence, it should be clear that it is until xx date or until the return of the substantive postholder whichever is earlier.

Acting up arrangements should be reviewed regularly and would not be expected to continue for more than a year, unless there is a justifiable reason for an acting arrangement to continue.

Further information can be found within How to manage an acting up arrangement.

Secondments will normally be agreed for a period of 1 month to 1 year. More appropriate working arrangements, including temporary working arrangements, should be considered for projects which are likely to exceed 1 year.

The secondee will return to their substantive post or equivalent at the end of the agreed period. Extensions should therefore be the exception rather than the norm. It should be made clear at the outset of the secondment that there is no commitment or guarantee that an extension will be considered or approved. Any request for an extension must be made a minimum of 3 months prior to the date of expiry of the secondment agreement or, in the case of a short duration secondment, as soon as this is practicable.

Secondments should be confirmed in writing.

Further information can be found within:

• How to manage an internal secondment.
• How to manage an external secondment.
• How to manage an inward secondment.

An acting up payment may be appropriate in circumstances where an employee is undertaking all or a percentage of a higher graded post within their own section/ team or service area for a specified period of time. 

Where an employee is only undertaking a proportion of the duties of a higher graded post, they will normally continue to undertake all or a proportion of their substantive role depending on the extent of the higher duties undertaken. Alternatively if they are fully acting up into a higher graded role ie undertaking the full duties of this role, it is likely that arrangements will be made for someone to act up or otherwise backfill into their substantive post. 

All acting up arrangements will be advertised internally and will normally be ring-fenced within a particular team. Trade Unions should be notified of any specific arrangements. 

Relevant pre-employment checks should be carried out prior to the start of any acting up arrangements where there is a significant change in duties which may need verification through Occupational Health or Disclosure Scotland/ PVG Scheme.

An employee temporarily and formally engaged on an acting up arrangement, will be paid an allowance for undertaking the additional duties from day one of such duties. The allowance will be determined with regard to: 

• the salary for the higher post
• the extent/percentage of the additional duties and responsibilities
• the period for which the duties are undertaken. 

Contractual documentation should be issued to the employee to confirm the terms of all formal acting arrangements in all circumstances. All acting up payments should normally be notified to payroll using the HR Forms Online system and the employee should receive written confirmation of the arrangements (see template letter below).

Acting Up arrangements should be for a limited duration, normally not exceeding one year, and only in exceptional circumstances. In all circumstances, such arrangements should kept under regular review. 

A secondment involves either a temporary move to a post, at any level, within Falkirk Council, or a temporary move to an external organisation. 

Secondments offer employees the opportunity to experience new areas of work and to develop their skills and experience and expand their knowledge, whilst meeting service demands and needs. Secondments will be for a pre-determined period and be by mutual agreement between the employee and their Service. 

In any secondment there will normally be three parties involved: the secondee, the receiving or host service and the employing service. 

During the period of secondment the member of staff will report to the host manager rather than their 'original' manager. 

The original manager is the pre secondment manager ie the manager of the employee’s substantive post. The ‘host’ manager is the manager who will receive the secondee in the temporary seconded role. 

During the period of secondment, the host service/organisation into which the member of staff is seconded will normally be responsible for all costs associated with the secondee's salary and other employment costs during the period of secondment. 

There are a number of types of secondment arrangements as follows: 

An internal secondment is where an employee temporarily transfers within the Council for a period of time, for a specific purpose, to the mutual benefit of all parties. Internal secondments will always be advertised, offering employees a fair opportunity to apply.

Managers of secondment posts who are receiving a secondee into their team are responsible for ensuring that appropriate paperwork is completed at all stages of the secondment. They should ensure that Human Resources and Payroll are notified of the secondment and of any changes to the secondment arrangement via HR Online forms and that an offer letter is issued to the secondee confirming the secondment arrangements (using secondment offer template letter below).

Managers have responsibility for determining whether an employee can be released to go on secondment taking into account service delivery requirements. They also have responsibility for agreeing any extension, should this arise. 

Managers of employees who are on secondment should ensure that they maintain communication with the employee to ensure that they are advised of any changes at their substantive base (to job, team or service). Where any reviews or restructures are being undertaken that could affect a seconded employee, the original line manager must ensure that this employee is included within all consultation exercises, including the issue of letters etc. Further advice can be obtained from Human Resources on this matter where required.

Secondments to external bodies may be considered on an individual basis and can offer advantages both to the individual and Falkirk Council. Secondments can provide an opportunity for personal development but also the experience gained can be of value when the employee returns to the Council. However, it is important for managers to consider any secondment request in conjunction with the requirement to ensure continuation of a high standard of service delivery and any consequential recruitment costs. Within these parameters the Council, as an employer, will give such requests consideration and support them when practicable. 

The terms of agreement and the aims and objectives of secondments to external organisations must be agreed between Falkirk Council and the receiving organisation. 

The secondment objectives agreed should take into account the personal development needs of the secondee and the needs of both Falkirk Council and the receiving organisation. It is essential that all parties are clear about their obligations, expectations, accountabilities and performance objectives. A sample agreement is attached below.

Any external secondment agreement should be discussed and agreed with representatives from Human Resources and Governance, particularly where organisations have their own secondment agreements. 

Any individual seconded externally to other organisations will continue to remain an employee of Falkirk Council and will receive their salary, costs and expenses, subject to normal tax, pension and NI deductions, from Falkirk Council. Falkirk Council will then invoice the host organisation on a monthly or quarterly basis for reimbursement of all costs incurred. It is the responsibility of the relevant Head of Service to ensure that the appropriate administrative procedures are in place for re-charging. The time spent on secondment with an external organisation will count towards the calculation of continuous service and, where applicable, reckonable service with Falkirk Council. 

Secondees may be required to sign a confidentiality agreement with the receiving organisation, which protects the misuse of information considered to be of a sensitive or confidential nature.

Before agreeing any secondment, contact should be made with Human Resources, for advice and support on dealing with the request.

Where the manager agrees, in principle, that the employee can be released, the manager should contact the manager within the receiving organisation to agree the terms of the secondment as soon as possible, but in all cases before confirmation of the secondment is agreed with the employee. Agreement should be reached regarding the mechanisms by which any concerns or issues arising during the course of the secondment can be reported, eg attendance concerns, and the procedures that will apply. Managers should ensure that they maintain appropriate communication with the employee who is being seconded to ensure that the employee is advised of any changes at their substantive base (to job, team or service).

Where any reviews or restructures are being undertaken within the Council that could affect a seconded employee, the original line manager must ensure that this employee is included within all consultation exercises, including the issue of letters etc. Further advice can be obtained from Human Resources on this matter where required.

Any external individual who is seconded into Falkirk Council will normally be employed on Falkirk Council's Terms and Conditions and is responsible for making any arrangements with their employer with regard to their return to their originating post. 

However, there are specific circumstances where it may be appropriate to employ individuals on the terms and conditions of their substantive post. This should only be considered in exceptional circumstances and must be agreed in advance with the Head of HR and Customer First and Governance.

Where an employee from another organisation is being seconded into a post within the Council, the manager should contact Human Resources to seek advice prior to the commencement of the secondment or any external advertisement of the secondment opportunity.

Secondments of employees from one post to another are at the discretion of the original employing Service. Any employee may ask for their Service Manager’s authority to apply for a secondment but such a request may be declined. Any request should be given full consideration taking into account: 

• Impact on remaining team and service delivery
• The ability and cost to recruit a replacement for the time period
• Potential savings that could be achieved by alternative replacement arrangements
• Potential to redesign service delivery and/or pilot different working arrangements for a time limited period.

Where a vacancy is proceeding to advert, managers should consider whether applications will be considered from employees on a  secondment basis and this should be clear within the recruitment advert. Any such opportunity identified within Services should be advertised and filled in accordance with the Council’s Recruitment and Selection Process. 

Where the post is not an established post, this will be subject to the normal grading and Standing Order approval requirements. 

The Recruitment and Selection Policy must be followed throughout the full process, including all pre-employment checks. Where the post is subject to checks with Disclosure Scotland/ PVG Scheme, these must be carried out prior to the start of the secondment. 

Prior to applying for a secondment, it is the responsibility of the employee to consult with their immediate line manager who, in turn, will discuss this request with their Head of Service or nominated senior manager. Employees should seek authority and agreement for the secondment arrangement prior to applying for any opportunity.

An external secondment shall only be granted with agreement between the relevant Head of Service and the host organisation. In such instances, the employee should ensure that they fully understand the terms of the secondment and their rights to return to a post, prior to taking up an external secondment.

If an application for a secondment is approved by the Head of Service, then the employee should apply for the secondment in the normal manner, confirming that their application has been approved and that their application is on a secondment basis.

If an employee wishes to change or withdraw from a secondment arrangement, they must give a minimum of 4 weeks notice of this in writing to their Head of Service. This request will be given every consideration however cannot be guaranteed.

Where, after considering a secondment request against business objectives as outlined above, a Head of Service does not support a request for a secondment, the reasons should be provided to the employee in writing. 

If permission is not granted, but the employee decides to take the job, this is not a secondment. In this situation, the employee will require to resign from their substantive post and will then be treated as a temporary employee. The end of any internal temporary contract will be managed in line with Falkirk Council's Temporary Employment Policy. 

The template letter below should be used to confirm refusal of a secondment request. 

Secondments will normally be for a period of between 1 month and 2 years. Projects outwith these timescales should be dealt with by other working arrangements. 

Secondments must be reviewed on an annual basis in line with the Council's Temporary Employment Policy. 

In the main, secondments will be for the agreed period and the secondee will return to the substantive service at the end of that period. Extensions should therefore be the exception rather than the norm. It should be made clear at the outset of the secondment that there is no commitment or guarantee that an extension will be considered or approved. Any request for an extension must be made a minimum of 3 months prior to the date of expiry of the secondment agreement or, in the case of a short duration secondment, as soon as this is practicable.

The relevant Head of Service will consider any potential impact both on other staff within the section and on service delivery. An extension must be agreed by the original Head of Service with advice from Human Resources and confirmed in writing. The conditions of the secondment must also be reviewed to ensure they continue to be relevant.

Where a manager has received a request for an extension to a secondment, and they are unable to accommodate this, advice should be obtained from Human Resources.

Where an employee applies for and is successful in gaining a secondment opportunity they will normally retain the right to return to their substantive post. There may however be occasions where this will not be possible eg due to difficulties in backfilling their substantive post or where the secondment arrangement extends beyond 2 years duration. In such circumstances, the employee will be made aware that they will only have the right to return to a post at a similar level.

Any employee who is seconded to undertake other duties will be paid during the period of secondment on the grade and conditions of the seconded post, including any incremental progression in this post .Where an individual has applied for a secondment to a lower graded post, the appropriate rate of pay for the job applies.

Salary on return from secondment will be on the salary for the substantive post he/she left, incorporating the normal salary increments and pay awards the employee was eligible to receive during the period of the secondment.

Entitlement to annual leave will not change for internal secondments, unless there is a change in hours or working weeks, in which case leave will be pro-rated to reflect this.

All terms and conditions for external secondments will be considered and agreed as part of the approval process. An employee going on an external secondment must repay any loans or expenses (eg training or relocation expenses etc) in full prior to the start of the external secondment. No allowances will be payable by Falkirk Council to the employee during their external secondment, including mileage allowance, telephone allowance, and excess travel etc.

If there is a justifiable reason for a secondment to end before an agreed end date eg early completion of a project, the appropriate notice period will be required to be given by the host manager and both the secondee and original manager should be contacted in relation to this.

Where the secondee wishes to end their secondment early, the notice period stipulated within their contract will apply and the originating Service will try to accommodate this where possible, but there is no guarantee that a secondment can be ended early at an employee's request.

If the secondee wishes to terminate their employment with Falkirk Council at any time within the secondment period, the notice period stipulated within their contract will apply.

At the end of a secondment, the secondee will as outlined in terms and conditions during secondment, either return to their substantive post or revert to a similar post on a similar grade.

In the event that there are any fundamental changes in the original Service during the secondment, eg a restructuring, the secondee will be included in the consultation process in the same way as other staff in the affected Service. This may result in the secondee returning to their substantive post, a suitable alternative post or the employee's employment with the Council may be terminated.

When a secondee cannot return to a similar post, the substantive manager will explain the reasons why this is not possible. In these circumstances, managers should first consult Human Resources to ensure that all alternatives have been considered. Redeployment opportunities should be looked for ideally 3 months before the end of the secondment.

It is recognised that it can be difficult to re-integrate an individual to their own workplace on their return from a long period of secondment. It is important therefore that, in the last few weeks prior to the end of the secondment period, the original line manager meets with the employee to make arrangements for their re-introduction to their own substantive or alternate post. The time for the structured re-induction of the employee will vary according to the length of the secondment and the amount of change in the post.

It is good practice to keep in touch with an employee on secondment and there must be discussion between the secondee and their original line manager and the host line manager of the receiving Service to agree the exact date of return. Wherever possible this will be subject to the agreement of all three parties. This must be confirmed in writing.

If the secondment has been longer than two years or significant change has occurred during it, re-training and/or significant re-induction may be required.

An employee who is undertaking higher duties or a secondment will normally retain the right to return to their substantive post or equivalent. This arrangement should be clear in any contractual documentation issued. The terms and conditions of the seconded post will apply for the duration of the secondment.

Entitlement to annual leave will not change for internal secondments, unless there is a change in hours or working weeks, in which case leave will be pro-rated to reflect this. For example, if an employee in a non-term time post, is seconded to a term time post, they will work term time and be paid on a pro-rated term-time basis. Similarly, if a term-time employee is seconded to a 52 week post, they will be paid the terms and conditions of the seconded post.

It is the host manager's responsibility - i.e. the manager receiving the secondee - to notify payroll of the start and end date of the secondment. This should be done in advance in order to avoid over/under payments.

Any acting up/secondment should be for a limited period not exceeding 1 year. In exceptional circumstances this may be extended in consultation with HR. Regardless of any extension, for SNCT posts, the acting up arrangement should last no more than 23 months. All arrangements including any backfill arrangements should be kept under regular review. Any individual seconded externally to other organisations will continue to remain an employee of Falkirk Council and will receive the salary of the seconded post, as well as costs and expenses, subject to normal tax, pension and NI deductions, from Falkirk Council. Falkirk Council will then invoice the host organisation on a monthly or quarterly basis for reimbursement of all costs incurred.

Any external individual who is seconded into Falkirk Council will normally be employed on Falkirk Council’s Terms and Conditions and is responsible for making any arrangements with their employer with regard to their return to their originating post.

If there is someone from an external organisation being seconded into a post within the council, then the manager should seek HR advice in the first instance.

There may be limited circumstances for inward secondments where it is appropriate to employ individuals on the terms and conditions of their substantive post. These instances would be for short periods to support a specific service need. This should only be considered in exceptional circumstances and must be agreed in advance with the HR and Payroll Manager.

The time spent on secondment with an external organisation will count towards the calculation of continuous service and, where applicable, reckonable service with Falkirk Council.