INTERNATIONAL/OVERSEAS SECONDMENT POLICY
1.
Purpose and Scope
The University is committed to driving the global future of higher education; the
strategic choice made by the University to invest in and campuses in other
countries will offer significant opportunities for both the University and its staff to
realise the full benefits of transnational education.
The term ‘secondment’ refers to the temporary transfer of an employee from their
normal job or post to another assignment in either another part of an organisation
(internal secondment) or to a separate organisation (external secondment). This
policy is designed to provide managers and staff with information about the main
areas that should be considered when contemplating the secondment of a member
of University staff to an overseas location, to assist in ensuring that roles and
responsibilities are clear and that personal and commercial risks are minimised.
Overseas secondments may be within the University to an overseas location or
campus or external to the University to another company within the University
group.
This policy covers all employees of the University of Central Lancashire. It does not
apply to individuals who are recruited and employed by an organisation in another
country or other companies in the UCLan group.
2.
Procedure
For staff currently based in the UK, overseas working normally falls into one of 3
categories:

Business Visits

Short-Term International Secondments

Long-Term International Secondments
2.1
Business Visits

A single or series of visits outside the UK
o Each visit is normally less than a total of 30 days but in some cases may
exceed 30 days; business trips that exceed 30 days will not be classed as a
short-term secondment.
2.1.1
For business trips, the University recognises that it is not always possible for
employees to work within their notional or contractual hours of work and they may
be required to work such additional hours of work as are necessary for the proper
performance of their duties and to meet the needs of the institution. However, the
operational needs of the University must be balanced with the health and safety of
employees. Managers must ensure that employees are not regularly asked to
significantly exceed reasonable working hours and that if they do so, they are
recompensed with reasonable time off in lieu as no additional payment will be
made. These guidelines are not prescriptive in stating what the time off in lieu
arrangements will be but in general, any time off in lieu should be taken in the UK
either in the week before or week after the overseas business trip.
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2.1.2
When arranging travel to and from the overseas location, it is expected that
employees will arrive at and depart from the destination no earlier or later than one
day before or after the meeting or work taking place. Employees will be expected to
follow the normal rules regarding the class, cost and timing of travel, details of
which can be accessed from the Travel Office Business Travel, Expense and
Subsistence Procedures. If the most appropriate flight and route back involves
travelling through or arriving during the night or early morning, managers must
ensure the employee has had sufficient rest time before commencing work at the
University, particularly if they are driving to work.
2.1.3
During business trips, normal business expenses are applicable and are available
at Business Travel, Business Expenses and Subsistence Allowances.
2.2
Short-Term International Secondments

The employee is required to work overseas for a period of more than 30 days
but generally less than 6 months (183 calendar days) without returning to their
home in the UK.

The secondment is normally unaccompanied.

Consecutive Business Visits, irrespective of accumulative duration, are not
considered as Short Term Secondments.
The University's Short-Term Secondment Policy (Appendix A) sets out
guidelines.
2.3
Long-Term International Secondments

The employee is required by the University to work overseas for a defined
period of time that requires the assignee, and any family, to relocate to the
new location.

These secondments are normally for a period of more than 6 months (183
days), but less than 5 years, without returning to their home in the UK. A post
that lasts longer than 5 years would not be counted as a secondment but as a
permanent move unless exceptionally agreed by the Vice Chancellor.
The precise terms and conditions applicable to a long-term secondment will be
determined individually, as they will be dependent upon the location, the length of
the secondment and the individual's circumstances.
The University's Long Term Secondments Policy (Appendix B) sets out a
framework.
3.
3.1
Travel and Visa Arrangements
Except in emergency situations all travel should be arranged in a timely manner
through the Travel Office and pre-authorised via the travel application authorisation
procedure. The Travel Office can provide information and arrange for short term
business visas prior to departure. It is the responsibility of the employee to ensure
they secure the appropriate visa prior to travel.
3.2
Any overseas secondment is subject to the employee being and remaining eligible
to work in the country in which they will be based and the secondment will be
subject to the employee obtaining the right to work before the secondment
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commences. The University reserve the right to terminate a secondment should the
employee no longer qualify for the right to work in the overseas location.
3.3
Employees will be expected to manage the travel and work arrangements in a
sensible and reasonable manner in order to meet the needs of the University or
host company/campus.
4.
Agreement
When arranging secondments it is important, both for UCLan and the employee
concerned, that the arrangements and responsibilities of the different parties are
made clear. Before a secondment takes place, there should be mutual
understanding and an agreement among the three parties (UCLan, the employee
and the host organisation/campus) as to the nature and terms of the secondment.
5.
5.1
Advertisement of the secondment opportunity
All secondments will normally be advertised following normal University practice.
Where appropriate, secondments external to the University will be advertised by the
host company/partner on the UCLan website. In some circumstances
Schools/Services may advertise a short term internal secondment (less than 12
months) without advertising externally or across the whole University, for example a
secondment opportunity maybe advertised only within the School/Service if it is
believed that the necessary skills can only be obtained from within a specific area,
or if it is pending organisational change to minimise risks of redundancy. It is
recommended that the group targeted is kept as wide as possible and all applicants
for the secondment opportunity are considered.
5.2
Any member of staff wishing to apply for a secondment should discuss the possible
secondment with their existing line manager before applying. A decision can then
be made about whether the employees existing role can be covered during the
secondment and plans for how their duties could be covered can be considered.
Managers are encouraged to consider various options for covering the substantive
post/duties.
5.3
If an employee wished to apply for a secondment, their manager should seriously
consider the request and if s/he is unable to agree to hold the substantive post open
s/he should discuss the rationale for the decision with the staff member. Whilst
allowing employees to take secondments is encouraged, it is acknowledged that it
will not always be possible. For example if there is urgent work which cannot be
covered, or the post holder has specialist technical knowledge that would be difficult
to replace for a limited period, then it may not be possible to release an employee
for secondment and hold their substantive role.
5.4
An employee will be consulted in the normal way if their substantive post could be
affected by organisational changes while they are on secondment.
6.
6.1
6.1.1
Employment
During the Secondment
The employee remains an employee of UCLan (the University) and is seconded to
the host location for a fixed period of time. The employment contract with the
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University remains in place for the duration of the secondment and the employee is
provided with a secondment letter detailing any temporary variation from current
employment terms applicable during the secondment as well as the terms and
conditions of the secondment.
6.1.2
The secondment and the underlying employment contract with the University are
governed by English law, but the employee is expected to comply with the host
country law and respect the host country’s customs and cultural practices.
6.1.3
The University reserves the right to withdraw the employee from the overseas/host
location back to the UK or to terminate a secondment prior to the agreed date, at
any time as a result of changes in business need, in the interest of personal safety
or wellbeing, or for any other reason. Alternatively a secondment may be extended
to cater for a particular business need. Any such changes will be fully discussed
with the employee at the earliest possible opportunity and the University will seek to
give not less than one month’s notice wherever practicable.
6.2
6.2.1
Termination of Employment during an Employee’s Secondment
The University has the right to recall the employee to the UK at any time for any
reason and, at its discretion, to terminate the overseas secondment. Formal notice
provisions to terminate the substantive employment will be available under the UK
employment contract together with redundancy provisions. Any existing or
compulsory redundancy provisions remain unaffected.
6.2.2
Where an employee’s employment is terminated by the University for any reason
other than misconduct, the University will pay the costs of repatriating the employee
and accompanying family (if an approved accompanied secondment) to the UK.
6.2.3
If the employee terminates his or her employment whilst overseas, then all
assistance will cease from the effective date of resignation, and the University will
not meet any costs of repatriation.
7.
Personal and Professional Development
Throughout a secondment, all staff are entitled to appropriate training and
development and will continue to be appraised. It is the employee’s responsibility to
ensure their skills and knowledge are kept up to date and recorded on iTrent.
8.
Communication
The maintenance of links between the employee and the University contribute
significantly to the success of an overseas secondment. The line manager of the
secondee should ensure they keep in regular contact to discuss the progress of the
secondment and resolve any issues that may arise. This may done via a variety of
methods, either in person or where appropriate, via Skype/video/other type of teleconference facilities.
9.
Further Information and Advice
International secondments can be complex and may require a great deal of
preparation if they are to be successful. Depending on the nature of the
secondment, there can be implications for employee safety and security,
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employment law, taxation, insurance, employment conditions, and so on. Managers
and staff involved may require professional legal and financial advice. In the first
instance, managers considering offering an overseas secondment within the
University should discuss the proposals with their Human Resources Manager who
will provide advice and guidance as appropriate.
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APPENDIX A
SHORT TERM SECONDMENT POLICY
1.
Scope
This document applies only to people employed by the University on UCLan UK
contracts of employment. It does not apply to individuals who are recruited and
employed by an organisation in another country or other companies in the UCLan
group.
Subject to the above criteria, the following guidelines for short term secondments
apply to all employees who are assigned by the University to work in another
country for a period of more than 30 days but generally less than 6 months (183
calendar days) without returning to their home in the UK.
2.
2.1
Objectives and Principles
The main objectives of this policy are to:
 Ensure that links are maintained with an employee’s home country to facilitate
repatriation and protect pension and retirement rights.
 Ensure that all secondments are managed in an efficient, consistent and timely
manner and provide clarity of understanding for seconded employees and UK
managers.
 Ensure employees are given appropriate advice and support, facilitating a safe
and successful secondment.
 Promote effective career development opportunities for staff.
 To ensure the employee and the University take joint responsibility to ensure the
employee’s skills remain current
2.1
Short term secondments will normally have one or more of the following purposes:

Teaching

Business development

Setting up/accrediting new programmes, course syllabus and arrangements

Student recruitment

To support both the University’s business development and individuals career
development
2.2
This policy will normally apply unless there are specific arrangements already in
place, which will be governed by the terms and conditions of their funding.
2.3
This policy will not normally apply in cases where individual academics or
researchers request to undertake part of their work, such as a research study or
trial, outside the U.K. Nor will it apply in cases where periods of unpaid
leave/sabbaticals are agreed.
2.4
The Short Term Secondment Policy does not constitute a contractual entitlement
and the terms and conditions applicable to each secondment will be advised to the
individual in each case. All other terms and conditions remained unchanged.
2.5
A short term secondment will normally be approximately between 31 days to 6
months (183 calendar days) duration, with a possible extension to 12 months.
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Should any extension be made beyond this point the Long Term Secondment
Policy will normally apply.
2.6
Secondments that are extended to last for more than 183 days (90 days in some
locations e.g. the USA) without the employee returning home require careful
consideration with regard to potential visa, tax implications and the resulting
costs/administration. In the first instance, staff should contact Human Resources
and/or Financial Services for advice. Depending on the nature of the enquiry, staff
may then be referred to the HMRC or other external authorities and may also be
advised to seek appropriate advice locally in the host country. HMRC rules for
travelling abroad.
3.
3.1
Employment
The employee remains an employee of UCLan (the University) and is seconded to
the host location for a fixed period of time. The employment contract with the
University remains in place for the duration of the secondment and the employee is
provided with a secondment letter detailing any variation from current employment
terms applicable during the secondment as well as the terms and conditions of the
secondment.
3.2
The University reserves the right to withdraw the employee from the overseas/host
location and return them to the UK at any time, or to terminate a secondment prior
to the agreed date, for any reason, for example if the University makes a strategic
decision to end a partnership, or if the employee no longer qualifies for the right to
work in the overseas location.
3.3
The secondment and the underlying employment contract with the University are
governed by English law, but the employee is expected to comply with the host
country law and respect the host country’s customs and cultural practices.
4.
4.1
Family/Spouse/Partner
Employees are normally not accompanied by partners or family members and this
policy reflects this unaccompanied status. Where this type of unaccompanied
secondment takes place, it may be possible for some of the secondment to be
accompanied by family at the employee’s own expense, but this must be agreed
with the University in advance.
4.2
Exceptions may be made, with agreement from the University, when secondments
are extended to exceed 6 months (183 days) without returning home, to a maximum
of 12 months. In such cases, and where approved, the University may consider
covering some of the incremental costs related to accompanying family members
such as accommodation and a return air fare. However no assistance would be
given for any school fees or any other personal expenses.
5.
Immigration and Other Legal Requirements
Every offer of an international or overseas secondment is conditional on the
employee (and any accompanying family if the secondment has been extended and
an exception made as detailed in 4.2) being eligible for a renewable passport,
together with any visas, work permits and/or residence permits, and any other
documents required for entry into the host country. The cost of visas and work
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permits will be reimbursed by the University but the cost of passports will be at the
employee’s expense.
6.
6.1
Salary
The employee’s annual salary will continue to be paid in Pounds Sterling through
UCLan Payroll during the period of the secondment less statutory and any other
agreed deductions such as Give As You Earn and employee pension contributions.
6.2
Salary reviews are conducted in line with the University’s standard review process.
6.3
If the employee becomes eligible for bonus payments and/or incentive awards
during the secondment, these will be paid in accordance with the University’s policy
and based on the UK Base Salary.
6.4
The employee will not normally be eligible to receive bonus payments from the host
organisation, unless explicitly agreed by the University prior to the secondment.
7.
7.1
Pension Scheme and Contributions
If the employee is a member of one of the UK pension schemes of which the
University is a member, they will remain in the pension scheme as provided by the
UCLan employment contract.
If an employee makes Additional Voluntary
Contributions (AVCs) these can normally also be continued.
For further information employees should contact their pension scheme provider:
Teachers Pensions
www.teacherspensions.co.uk
0845 6066166
Local Government Pension Scheme
01772 530530
www.lancs-pensions.org.uk
Universities Superannuation Scheme
0151 2274711
www.usshq.co.uk
or contact Human Resources
01772 892324
7.2
Death in Service benefit will normally continue to be available for members of the
appropriate pension scheme; the University’s Life Insurance arrangements will
continue to apply during the secondment.
8.
Subsistence and Travel within the Overseas Country and to Other Overseas
Countries
Where staff are based overseas and are required to travel from their “overseas
base” as part of their job, within that country or outside that country, they will be
entitled to an allowance of a maximum of normal UK subsistence rate per day –
further details are available from the Travel & Subsistence Rates. Receipts must be
provided for all expenditure in such cases.
8.1
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8.2
Where overseas staff are required to travel to the UK from their overseas base for
business reasons, they will be entitled to receive a maximum of the normal UK
subsistence rate per day.
8.3
All reasonable travel costs, in accordance with the University’s regulations and
subject to prior agreement by the line manager, will be covered. Class of travel will
be as per University procedure and staff are encouraged to secure value for money.
Bookings should be made via the Travel Office in the usual manner.
9.
9.1
Tax and Social Security
For secondments of up to 6 months or 183 days per calendar year, tax year or any
12 month period as defined by the relevant tax treaties, the employee normally
remains tax liable in the UK. In certain countries there may be a host country tax
liability. In the first instance, staff should contact Human Resources and/or Financial
Services for advice. Depending on the nature of the enquiry, staff may then be
referred to the HMRC or other external authorities and may also be advised to seek
appropriate advice locally in the host country. HMRC rules for travelling abroad.
9.2
Secondments that are extended to beyond 6 months (183 days) without returning
home may result in a tax liability in the host country, with a continued tax liability in
the UK. However, rules vary from country to country and therefore, when planning
the terms and conditions of short term secondments, both home and host country
tax obligations will be taken into consideration. Tax on the provision of benefits such
as accommodation, expenses, allowances, home leave, etc., will also be
considered. University employees seconded for longer than 183 days should
submit a P85 to HMRC for them to determine residency status HMRC form P85.
9.3
An employee should pay approximately no more or no less tax than they are
currently paying in the home location. Should a host country tax liability arise at any
point during the secondment, the University will seek specialist advice regarding tax
equalisation.
9.4
If a tax return is required in the UK or the host location due to the secondment, and
should the employee require professional assistance in the completion of the tax
returns, the University will meet the cost of any professional fee incurred for
assistance in completing the tax returns, provided that such fees are agreed in
advance and the fees relate only to the circumstances of the secondment. Any tax
liability that arises as a result of the University paying for these fees will be met by
the University, provided that the employee can demonstrate that they have taken all
reasonable steps to comply with the tax legislation in both the UK and the host
location. Any other tax liabilities that arise from the secondment, which are levied
on the employee, are the responsibility of the employee.
9.5
For tax purposes all employees are required to maintain an accurate travel diary for
the duration of the secondment documenting days travelled outside of the host
country and days spent outside the UK in order to correctly assess the total number
of days spent in the host country. Additionally all supporting documents such as
boarding passes, tickets, receipts, etc. should be retained as these may be required
by the fiscal authorities.
9.6
For secondments within the EEA the employee will continue to pay UK National
Insurance and will not be liable for any contributions within the host country.
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Financial Services will contact HMRC to obtain form A1/E101/E102 to confirm
exemption from contributions in the host country. This will also apply to countries
outside of the EEA with which the UK has a reciprocal social security agreement.
9.7
If the secondment is to a country with which the UK has no reciprocal agreement,
UK NIC will continue to be payable, for a period of up to 52 weeks from the date of
departure. The University will meet the costs of any additional compulsory social
security contributions in the host country.
10.
Expatriate Location Allowance
The University may, at its discretion, include in the secondees salary calculation, a
temporary ‘Overseas Location Allowance’. The purpose of this allowance is:
i)
To provide some additional incentive to encourage international mobility.
ii)
To compensate the employee for the general impact of a temporary
relocation.
iii)
To help cover any additional expenditure arising from living abroad.
The allowance will be calculated as a % of the employee’s gross (reference) salary,
and paid net, after deduction of PAYE tax and national insurance contributions in
accordance with HMRC regulations, as part of the salary calculation.
The level of allowance will normally be between 5% and 15% and will be
determined individually, taking into account factors such as the host country and
length of secondment. Independent advice will be taken by HR from an external
specialist company on different locations to determine the appropriate level of
allowance.
10.1
The location allowance is not intended to cover business related expenses. Such
expenses can be submitted for reimbursement as per the normal business expense
claim process and guidelines. Expense claims must include all relevant receipts.
Further details on claiming business expenses can be found on the University’s
website at Travel Subsistence Rates.
11.
11.1
Relocation costs
For secondments up to 6 months (183 days), the University will cover reasonable
excess baggage costs for personal baggage, normally up to a limit of 40 kg. Any
exceptions must be agreed with the budget holder.
11.2
Where secondments are extended to exceed 6 months (183 days) up to a
maximum of 12 months, the University will cover reasonable costs associated with
the overland shipping of a limited quantity of personal belongings such as clothes,
books, etc. All shipments must be pre-approved by the University and, where
possible, should be arranged through the University’s preferred provider.
12.
12.1
Accommodation and Related Expenses
The University will cover the cost of agreed temporary accommodation and related
running and utility costs in the host location. This could be in a hotel, one–bed
serviced apartment, furnished apartment, or university lodgings, depending on
availability, cost and length of the secondment. The accommodation will be of a
standard not below that generally considered acceptable within the UK.
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12.2
The University will cover any tax arising on the provision of accommodation.
12.3
In the event of agency fees, deposits etc., to secure accommodation, which are
required to be paid in advance for accommodation, the University will reimburse
such costs subject to such costs being both reasonable and receipted. Where any
costs, e.g. deposits are due to be repaid at the end of the tenancy agreement, the
employee agrees to assist the University in recovering such costs. The employee
may be liable for the costs which are withheld by the landlord as a result of wilful
damage or neglect by the employee.
13.
13.1
Travel and Home Leave
The University will pay for a return ticket for the employee for travel to and from the
secondment location at the beginning and end of the secondment. Class of travel
will be as per University procedure available at Business Travel, Expense and
Subsistence Procedures or as agreed with the host. The University will further cover
reasonable costs for airport transfers, by the most economical means at the host
location taking into account any potential security issues in any less developed
countries at the beginning and end of the secondment.
13.2
In addition, where the secondment is for a period of between 90 and 183 days, the
employee will be entitled to one ‘Home Leave’ trip, which consists of a return ticket
(air or rail, plus transfer costs) to the home country. Class of travel will be as per
University procedure Business Travel, Expense and Subsistence Procedures.
13.3
Where an initial short term secondment for a period of between 3 and 6 months (90
and 183 days) has been extended for another period between 3 and 6 months (90
and 183 days), up to a maximum of 12 months, the employee will be entitled to one
further ‘Home Leave’ trip, which consists of a return ticket (air or rail, plus transfer
costs) to the home country. Class of travel will be as per University procedure
Business Travel, Expense and Subsistence Procedures.
13.4
No cash alternative will be permitted if an employee chooses not to take this annual
home leave entitlement.
13.5
In certain circumstances the employee’s spouse/partner, who remained in the home
location, may be provided with the Home Leave ticket in lieu of the employee. Such
situations must be reviewed and agreed on a case-by-case basis by HR and the
employee’s manager.
13.6
The University will cover any tax liability that may arise on travel costs.
14.
14.1
Holiday Entitlement and Public Holidays
While on secondment, the employee will be entitled to the same amount of leave,
including bank holidays and closure days that they are entitled to at UCLan. Bank
holiday and closure days may differ in different organisations and in different
countries. If this is the case the actual annual leave days can be adjusted. However
the total amount remains at the employee’s contractual entitlement. Further advice
on different leave arrangements for overseas locations can be sought from Human
Resources.
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14.2
As is normal practice in the UK, all holidays taken must be pre-authorised by the
employee’s manager. Secondees must expect that there may be operational
reasons why leave may be restricted during short term secondments, including
issues relating to project completion, tax, work permits and visas.
15.
Emergency/Bereavement Leave
In the event of serious illness or death of a member of the employee’s or
spouse’s/partner’s immediate family, or other serious emergency situation, the
University will provide for return tickets to the UK for the employee; this must be
pre-approved by the employee’s line manager.
16.
16.1
Health Screening
All UCLan employees who may be going to work or live overseas will be referred to
Occupational Health who will be able to provide advice about overseas travel and
living abroad. If staff prefer they can go directly to their GP but they are not allowed
to live overseas unless they have had the relevant vaccinations and sought
appropriate travel advice. Occupational Health will ask staff to provide their
immunisation status from their GP and completed risk assessment.
17
17.1
Insurance
The University will ensure that all relevant insurances are in place for the duration of
the secondment to cover both the employee and the University. Details of the cover
can be found at Insurance.
17.2
Health and travel insurance policies will normally exclude pre-existing conditions.
They University may, at its discretion, agree to pay for treatment/medication
required whilst working on secondment. This will need to be discussed in advance
and advice taken from the University’s Occupational Health Service.
17.3
Staff on secondments within the EEA should ensure they have a valid European
Health Insurance Card (EHIC) available from Directgov.
18.
18.1
Pre-Secondment Preparation
The University is committed to assisting employees to be properly prepared prior to
undertaking international secondments. This is particularly important to ensure the
safety and security of employees. Although pre-secondment visits and language
training are not normally available for short term secondments, advice and guidance
is available from a number of sources both within and outside the University.
Particularly useful sources include:
Internally:

Human Resources Business Partner

HR Training & Development Team

Staff Development Website (insert link here to cultural awareness)

Financial Services

International Office

School of Languages and International Studies

Facilities Management – Safety, Health & Environmental Section
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Externally:

The Foreign and Commonwealth Office website at http://www.fco.gov.uk/en/

Foreign and Commonwealth Office (FCO) staying safe

FCO – travel and living abroad

FCO A-Z Listing - All foreign Embassies in the UK

FCO Listing - UK Embassies overseas

Locate - Registration of British Nationals travelling abroad

NHS England – Healthcare abroad

HM Revenue & Customs - HM Revenue & Customs

Personal Accident Insurance - AonProtect Personal Accident & Travel
Assistance
18.2
For locations where there is a higher than normal risk to personal security, the
University will endeavour to ensure that the employee is fully briefed prior to the
start of the secondment by the employee’s line manager after taking advice from
the Travel Office and Facilities Management - Safety, Health & Environment
Section. However, in any country, a situation may suddenly arise that could not be
anticipated so it is also expected that employees remain aware of the local events
and news and take reasonable precautions and act in a sensible manner to ensure
their personal safety. Employees must take responsibility for registering with the
appropriate local authorities on arrival in the country; this is likely to be a
requirement of the visa being issued in the first place.
18.3
The University may require an employee to return to the UK at short notice should
the University consider that personal safety is worsening and the employee shall
abide by such a decision.
18.4
The University is committed to ensuring the health, safety and welfare for
employees who travel abroad and conduct overseas secondments. Any manager
who is planning an overseas secondment must discuss the proposal with their FM
Safety, Health & Environment Advisor to ascertain and mitigate any risks. Advice
can be obtained from Facilities Management Health & Safety Procedural Guidance
for Overseas and UK Travel.
19.
Transport at the host location
Transport for personal use will normally be at the employee’s own expense.
20.
Secondment Extensions
In exceptional circumstances short term secondments can be extended up to 12
months in total. The terms of any further secondment extensions after 12 months
would be adjusted to reflect the tax position in the UK and host location. The Long
Term Secondment Policy would then apply.
21.
Costs
Prior to a secondment starting the University will clearly define who is bearing the
costs. These can include UK base pay, bonus payments, payroll on costs (e.g. NIC,
pension, medical insurance), additional tax or social security liabilities, secondment
allowances, accommodation in the host country, travel expenses etc.
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22
22.1
Grievance and Disciplinary Issues
Grievances and appeals relating to local conditions or local disciplinary matters
should be raised and resolved in the first instance in the host country with the
employee’s line manager, following where practicable the University’s normal
procedures available at Staff Handbook.
22.2
All statutory provisions will be followed regarding rights to trade union
representation or accompaniment by a work colleague, whether this is done incountry or via alternative provision e.g. Skype.
22.3
Where an employee is seconded to an external company, day to day operational
direction may be delegated to the host organisation but overall management control
will be retained by the University. In order to ensure there is clarity regarding the
employment position of the secondee and the host company throughout the
secondment, the following rules will be applied:




The seconded employee will not owe any duties directly to the host but only to
the University
The host will not owe any duties to the seconded employee but only to the
University
The University will retain day to day management control of the seconded
employee
The University will carry out any appraisals, disciplinary or grievance
procedures and University procedures will be followed
23.
23.1
Termination of Employment during an Employee’s Secondment
The University has the right to withdraw the employee to the UK at any time for any
reason and, at its discretion, to terminate the overseas secondment. Formal notice
provisions to terminate the employment will be available under the UK employment
contract together with redundancy provisions.
Any existing or compulsory
redundancy provisions remain unaffected.
23.2
Where an employee’s employment is terminated by the University on the grounds of
misconduct or gross misconduct, the employee will be responsible for the full costs
of repatriation.
23.4
Where an employee’s employment is terminated by the University for any reason
other than misconduct, the University will pay the full costs of repatriating the
employee and family to the UK
23.5
If the employee terminates his or her employment whilst overseas, then all
assistance will cease from the effective date of resignation, and the University will
not meet any costs of repatriation.
23.6
If the employee terminates his or her employment whilst overseas without giving
contractual notice, the secondment will summarily terminate.
24.
Successive Expatriate Secondments
In the event that an employee agrees to a further successive posting in the same or
a new host overseas location, some of the provisions in this policy may be
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October 2012
appropriate and will be agreed in advance between the employee and budget
holder.
25.
Policy Review
This policy will be reviewed on a 3 year basis by Human Resources, including a
Equality Impact Assessment.
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October 2012
APPENDIX B
LONG TERM SECONDMENT POLICY
1.
Purpose and Scope
This document applies only to employees employed by the University on UK
contracts of employment issued by UCLan. It does not apply to individuals who are
recruited and employed by an organisation in another country or other companies in
the UCLan group. The policy excludes employees recruited on contracts of
employment in another country, where specific terms and conditions will apply, and
those required to be permanently mobile.
Subject to the above criteria, the following guidelines for long term secondments will
normally apply to all employees who are assigned by the University to work in
another country for a period of over 6 months (183 days) up to 5 years. Some
discretion will be applied to take account of the length of a secondment, particularly
in relation to the appropriateness of certain secondment benefits and allowances.
2.
Objectives
The main objectives of this policy are to:





Ensure that links are maintained with an employee’s home country to facilitate
repatriation and protect pension and retirement rights.
Ensure employees and their families are given appropriate advice and
support, facilitating a safe and successful secondment.
Promote effective career development opportunities for staff.
To ensure the employee and the University take joint responsibility to ensure
the employee’s skills remain current
Ensure that all secondments are managed in an efficient, consistent and
timely manner and provide clarity of understanding for seconded employees
and UK managers.
3.
3.1
Principles
Long term secondments will normally have one or more of the following purposes
and objectives:

Teaching

Business development

Setting up/ accrediting new courses/programmes syllabus and arrangements

Student recruitment

To support both the University’s business development and individuals career
development
3.2
This policy will not normally apply in cases where individual academics or
researchers request to undertake part of their work, such as a sabbatical, research
study or trial, outside the U.K. Nor will it apply in cases where periods of unpaid
leave or unpaid sabbaticals are agreed.
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October 2012
(Note, in some cases the policy may apply to an academic on a secondment which
might include some aspect of research work, but this will not be the main focus of
the secondment.)
3.3
The Long Term Secondment Policy does not constitute a contractual entitlement
and the terms and conditions applicable to each secondment will be advised to the
individual in each case.
3.4
A long term secondment will normally be made for a period of more than 6 months
(183 days), up to a maximum of 5 years.
4.
Pre-Secondment Preparation
The University is committed to assisting employees and their families to be properly
prepared prior to undertaking international secondments. This is particularly
important to ensure the safety and security of employees.
4.1
Pre-visits
A visit for the employee and spouse/partner going on secondment may be provided
if it is appropriate and practical. The length of this visit will be determined by
agreement with the budget holder, and will only normally be granted once a
decision in principle has been made to accept the overseas secondment. The
University will meet the cost of reasonable expenses associated with the visit, as
agreed with the budget holder and in line with the University’s financial regulations.
Wherever possible, the visit should be used to identify suitable accommodation and
schooling, and may be combined with a job briefing.
4.2
Briefings
Pre-secondment preparation is intended to help the employee and accompanying
family to adjust well and settle quickly in the host country. The provision and
content of such training will vary depending upon previous experience, the needs of
the employee, the family and the host country.
4.3
4.3.1
Training
Language training may be appropriate to allow the employee and family to integrate
into the local culture. Where appropriate, it may be provided both prior to departure
and on arrival. The training may be extended to the accompanying family, although
the content may vary. Costs will be agreed by the University prior to any training
being undertaken.
4.3.2
Cultural awareness support is available for all staff who may be going to work and
live overseas. Individual or group briefings may be arranged depending upon
previous experience, the needs of the employee, the accompanying family and the
host country.
5.
UK Housing
The employee is wholly responsible for his or her UK accommodation whilst on
secondment and the payment of any associated costs, including agency fees when
renting the property out. It is the employee’s responsibility to notify mortgage
companies and insurers of the status of their property.
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October 2012
6.
Personal, Financial and Legal Matters
It is the responsibility of the employee to ensure that mechanisms and procedures
are in place to deal with any matters relating to personal financial and legal
circumstances in the UK whilst on secondment e.g. appointing a Power of Attorney.
7.
Sources of advice and guidance:
Internally:

Human Resources Business Partner

HR Training & Development Team

Staff Development Website

Financial Services

International Office

School of Languages and International Studies

Facilities Management – Safety, Health & Environmental Section
Externally

The Foreign and Commonwealth Office website at http://www.fco.gov.uk/en/

Foreign and Commonwealth Office (FCO) staying safe

FCO – travel and living abroad

FCO A-Z Listing - All foreign Embassies in the UK

FCO Listing - UK Embassies overseas

Locate - Registration of British Nationals overseas

NHS England – Healthcare abroad

HM Revenue & Customs - HM Revenue & Customs

Personal Accident Insurance - AonProtect Personal Accident & Travel
Assistance
7.
7.1
Safety
The University is committed to ensuring the health, safety and welfare for
employees who travel abroad and conduct overseas secondments. Any employee
who is planning an overseas secondment must discuss the proposal with their FM
Safety, Health & Environment Adviser to ascertain and mitigate any risks. Advice
can be obtained from Facilities Management Health & Safety Procedural Guidance
for Overseas and UK Travel.
7.2
For locations where there is a higher than normal risk to personal security, the
University will endeavour to ensure that the employee is fully briefed prior to the
start of the secondment by the employee’s line manager after taking advice from
the Travel Office and Safety, Health & Environment Section. However, in any
country, a situation may suddenly arise that could not be anticipated so it is also
expected that in these countries employees remain aware of the local events and
news and take reasonable precautions and act in a sensible manner to ensure their
personal safety. Employees must take responsibility for registering with the
appropriate local authorities on arrival in the country; this is likely to be a
requirement of the visa being issued in the first place.
7.3
The University may require an employee to return to the UK at short notice should
the University consider that personal safety is worsening and the employee shall
abide by such a decision.
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October 2012
8.
8.1
Employment
The employee remains an employee of UCLan (the University) and is assigned to
the host location for a fixed period of time. The employment contract with the
University remains in place for the duration of the secondment and the employee
will be provided with a secondment letter detailing any variation from current
employment terms applicable during the secondment as well as the terms and
conditions of the secondment.
8.2
The secondment and the underlying employment contract with the University are
governed by U.K. law, but the employee is expected to comply with host country
laws and respect host country customs and cultural practices.
8.3
The University reserves the right to terminate or extend a secondment prior to the
agreed date as detailed in 27.2.
9.
9.1
Family
Depending on the length of the secondment and the individual employee’s
circumstances, the employee may be accompanied by family members and this
policy reflects this accompanied status. Where a secondment is unaccompanied,
some variations to these guidelines may be appropriate but should be agreed in
advance with Human Resources.
9.2
Similarly, where the family unit includes more than one University employee, some
variation to these guidelines may be appropriate – e.g. it is unlikely that two sets of
allowances would be paid. Such variations will be agreed with Human Resources
and the budget holder in advance.
9.3
Where the family unit includes more than one University employee, the University
will consider a career break for the dependent employees, (e.g. spouse, partner,
young adult) accompanying the secondee for the period of the secondment.
10.
Immigration and Other Legal Requirements
Every offer of an international secondment is conditional on the employee and any
accompanying family being eligible for renewable passports, together with any
visas, work permits and/or residence permits, and any other documents required for
entry into the host country. The cost of visas and work permits will be reimbursed by
the University but the cost of passports will be at the employee’s expense. Further
advice regarding the specific requirements of the overseas location can be obtained
from the Travel Office.
11.
11.1
Salary
Principles
The remuneration package for employees is intended to be equitable and is based
upon the principle that working abroad should not disadvantage or enhance an
employee’s standard of living. Recognition of varying conditions in each location is
also included. To promote consistency and equity, the University will seek to keep
the base salary at an appropriate point on the relevant University salary scale and
apply the normal University rules regarding pay progression during the length of the
secondment.
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October 2012
11.2
Delivery of Pay
Annual salary is normally payable in 12 equal instalments into an appropriate bank
account. The salary will be paid monthly in arrears.
11.3
Absence from Work
The conditions for payment of salary during absence through illness or personal
circumstances will be made in accordance with UK terms and conditions. However,
the salaries of employees having to return home for more than one month will revert
to the level of their home base salary. This will be determined by the employee’s
line manager with advice from HR.
11.4
Pay Review Process
If the employee becomes eligible for pay reviews and/or incentive awards during the
secondment, these will be paid in accordance with the University’s pay review
policy and process based on the UK base salary. The employee will not normally be
eligible to receive bonus payments from the host organisation, unless explicitly
agreed by the University prior to the secondment.
11.5
Cost of Living Adjustment
In setting the salary package for the secondment, the University will take account of
differences in the cost of living between the UK and the host country, by reference
to independent data provided by an external specialist company; the base used will
be the ‘cost-effective home-based index’. Where appropriate, ether a temporary
salary adjustment or a temporary cost of living allowance may be made to protect
against higher or lower living costs to reflect the difference in key living expenses in
the host location. This will protect the buying power of the employee’s net
secondment salary. An assessment of the need for cost of living adjustments will be
made by HR, after taking independent advice from an external specialist company
prior to the secondment commencing and annually thereafter.
12.
12.1
Expatriate Location Allowance
The University may, at its discretion, include in the Secondees salary calculation, a
temporary ‘Expatriate Location Allowance’. The purpose of this allowance is:



To provide some additional incentive to encourage international mobility.
To compensate the employee and dependants for the general impact of
uprooting home and moving abroad.
To help cover any additional expenditure arising from living abroad.
12.2
The allowance will be calculated as a % of the employee’s gross (reference) salary,
and paid net, after deduction of PAYE tax and national insurance contributions in
accordance with HMRC regulations, as part of the salary calculation.
12.3
The level of allowance will be between 5% and 15%, dependent upon the host
country, length of secondment and expectations of the post. Independent advice will
be taken by HR on different locations from an external specialist company to
determine the appropriate level of allowance.
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October 2012
13.
13.1
Pension Scheme and Contributions
In most cases the employee will remain in the UK pension scheme as provided by
the UCLan employment contract. If an employee makes Additional Voluntary
Contributions (AVCs) these can normally also be continued. However, some
pension providers may have specific rules on eligibility for members residing
outside the UK. For further information employees should contact their pension
scheme provider:
Teachers Pensions
0845 6066166
www.teacherspensions.co.uk
Local Government Pension Scheme
01772 530530
www.lancs-pensions.org.uk
Universities Superannuation Scheme
0151 2274711
www.usshq.co.uk
or contact Human Resources
01772 894554
13.2
Death in Service benefit will normally continue to be available for members of the
appropriate pension scheme; the University’s Life Insurance arrangements will
continue to apply during the secondment. The University will pay for repatriation to
the UK of the secondee should he/she die in service.
14.
14.1
Taxation
General Principles
In general, when an employee undertakes a long term secondment overseas then
taxation issues arise both in the UK and in the host country. The University wishes
to minimise taxation liabilities and must ensure tax compliance in both the UK and
host country. However, it is the responsibility of the employee to pay the required
personal and/or income tax in the overseas location and ensure compliance with
the legal obligations with the host country.
The University’s policy is to:

Operate a system of tax equalisation with regard to long term secondments.

Provide taxation advice and assistance to the employee at the beginning and
at the end of the secondment. Depending on the length of the secondment,
advice and assistance may also be given during the time overseas.

Ensure all taxes due on employment income and benefits are paid across to
the relevant foreign tax authority on behalf of the employer.
14.2
Tax equalisation
The purpose of tax equalisation is to deliver a rate of net pay equivalent to that
which would be earned if the employee remained in the UK.
14.3
Tax advice and assistance
The University retains a taxation adviser and all employees offered a long term
secondment will have the opportunity, arranged by Financial Services, to meet with
an advisor before the secondment begins.
The discussions will include but will not be limited to:
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October 2012








The country of secondment and the impact of the Double Tax Treaty (if it
exists).
The length of the secondment including intentions of intermediate visits to the
UK.
Explanation of UK residency rules and how they apply to the secondment.
Further explanation of tax equalisation and tax on benefits.
Provision of a “tax pack” which includes appropriate forms for completion
before the secondment begins.
The requirements for tax returns in the UK and host country and assistance
required.
An overview of the taxation of other forms of income e.g. Pensions, dividends,
rental income from UK property. If the employee’s personal tax position is
unusually complex then additional independent taxation advice may be
required which should be procured by the employee.
Further assistance required during the secondment which may vary according
to the length and location of the secondment.
14.4
Legal Obligations
Staff working or living overseas for long periods may, under certain Inland Revenue
regulations, under HMRC regulations, fall outside of the requirement to pay income
tax in the UK. It is the responsibility of staff to ensure they are compliant with the
tax regulations in the country to which they are seconded. Payroll will liaise with
HMRC to ensure UCLan holds current information regarding tax status for staff.
Staff who are not liable to pay UK income tax need to be aware that although there
are reciprocal arrangements with some countries regarding payment of income tax,
locally based authorities have the power to request whether income tax payments
are being made by individuals working in their country. UCLan reserves the right to
verify the tax status of seconded staff. Individuals may, in those circumstances, be
liable for payment of local taxes. It must be noted that local taxes may be higher
than those in the UK.
15.
15.1
Social Security
For secondments within the EEA the employee will continue to pay UK NIC and will
not be liable for any contributions within the host country.This will also apply to
countries outside of the EEA with which the UK has a reciprocal social security
agreement. Financial Services will obtain the necessary E101 or Certificate of
Coverage to ensure continuing cover in the UK and exemption from the host plan.
15.2
If liability to compulsory NI contributions ceases, employee’s should consider
whether they wish to make voluntary contributions to maintain rights and
entitlements to certain state benefits. HMRC leaflet NI38 gives further information,
available from http://www.hmrc.gov.uk/pdfs/nico/ni38.pdf.
15.3
The University will meet the costs of any additional compulsory social security
contributions in the host country.
16.
16.1
Relocation costs
Depending on the length of the secondment, the University will pay reasonable
relocation costs. This must be discussed with the budget holder with advice from
Human Resources when agreeing the terms of the secondment. If relocation costs
22
October 2012
are approved, the employee should follow normal University procurement
guidelines Purchasing procedures.
16.2
If approved, removal overseas and return to the UK will usually be confined to
personal effects and a modest quantity of supplementary household items. These
will be transported by combination of the airline’s free personal baggage allowance
and reasonable excess costs up to a limit of 30kg and up to 30 kg of accompanied
airfreight. Any agreed excess will normally be sent by surface freight.
16.3
If it is exceptionally agreed to transport furniture and other household effects, one
20ft container will be considered the maximum for an entire family household, or
one 10ft container for a single or unaccompanied member of staff. Typical methods
of transport will include sea shipment for overseas secondment, road haulage to
European destinations and, in certain authorised circumstances, airfreight. However
individual circumstances will vary and the University will seek to use the most costefficient methods available.
16.4
The cost of removals of academic equipment and books will be met by the
University. All reasonable costs, including those of packing, unpacking and
insurance in transit, will be met by the University. Insurance of effects at all other
times is the individual’s responsibility. All costs must be agreed with the budget
holder.
16.5
The University is not responsible for the transportation of personal effects.
16.6
If relocation costs are approved, the University may provide assistance with the
storage of furniture and personal effects in the UK. This must be discussed with the
budget holder with advice from Human Resources when agreeing the terms of the
secondment.
16.7
The University will bear no responsibility for the transport, upkeep, quarantine and
other associated costs of any pets. Pets should not be taken overseas if they in
any way prevent mobility of the employee assigned overseas.
17.
17.1
Accommodation
For local housing, the University will determine a budget for accommodation that
relates to the role to be undertaken and individual family circumstances. This may
not necessarily match UK housing, but will be in keeping with local arrangements.
The employee and any accompanying family are encouraged to undertake housing
viewings on the awareness visit prior to commencement of the secondment in order
to ensure compatible housing is found.
17.2
Wherever possible, employees will have the freedom to choose their own housing,
but the University reserves the right to specify accommodation which will be of a
standard not below that generally considered acceptable within the UK. It is
expected normally that the employee will seek rented furnished accommodation;
exceptions may be approved as stated in 16.3.
17.3
Temporary accommodation will usually be provided for a maximum period of one
month if permanent housing is not available upon arrival, depending on the reason
for delay. This may be in a hotel, serviced apartment or provided by the host/partner
if appropriate.
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October 2012
17.4
An allowance of £500 will be provided to enable the purchase of small items (such
as bed linen and towels) for the host country accommodation. All purchases must
be receipted.
17.5
In the event of agency fees, deposits etc., to secure accommodation, which are
required to be paid in advance for accommodation, the University will reimburse
such costs subject to such costs being both reasonable and receipted. Where any
costs, e.g. deposits are due to be repaid at the end of the tenancy agreement, the
employee agrees to assist the University in recovering such costs.
17.6
The employee may be liable for the costs which are withheld by the landlord as a
result of wilful damage or neglect by the employee.
17.7
The University reserves the right to recover from the employee, the cost of any
damages, (other than normal wear and tear), to premises or contents provided by
the University both before and after final return to the home country.
18.
18.1
Travel and Home Leave
The University will pay for a return ticket for the employee and their accompanying
family for travel to and from the secondment location at the beginning and end of
the secondment. Class of travel will be as per the University’s standard travel policy
available at Business Travel, Expense and Subsistence Procedures. The University
will further cover reasonable costs for airport transfers, by the most economical
means at the host location taking into account any potential security issues in any
less developed countries at the beginning and end of the secondment.
18.2
The University will pay for two ‘home leave trips’ for the employee and
accompanying family per tax year, which consists of an economy class return ticket
(air or rail, plus transfer costs) to the home country.
18.3
No cash alternative will be permitted if an employee chooses not to take this annual
home leave entitlement.
18.4
The University will cover any tax liability that may arise on travel costs.
19.
19.1
Education Assistance
If state provisions are deemed inappropriate after discussions between the
University and the employee and his/her family, a local fee paying school may be
considered.
19.2
The University will set an appropriate allowance to contribute towards the cost of
standard fees for primary and secondary levels (i.e. between the ages of
approximately 4 to 18 years) and will not reimburse any extra tuition, uniform costs,
books, transportation or other miscellaneous items.
19.3
In exceptional circumstances, where no suitable schooling is available locally, or
children are unable to accompany their parents, boarding school fees in the UK
may be payable depending upon status and personal circumstances.
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October 2012
19.4
The education allowance will be reviewed annually in line with data obtained by the
University from a nominated international compensations and benefits provider.
19.5
As an alternative to the normal home leave trips set out in 18.2 above, the
University will meet the cost of up to two economy return trips per annum from the
UK to the host location for any dependent child under the age of 18 attending
boarding school in the UK. Should the employee choose this option, they will not be
entitled to the normal home leave trips.
20.
20.1
Holiday Entitlement and Public Holidays and Discretionary Days
As a special discretionary allowance, the budget holder may allow an employee up
to a maximum of 1 week’s additional paid leave prior to, and at the end of, a
secondment to enable the employee to make necessary arrangements.
20.2
Whilst on secondment, the employee will be entitled to the same amount of leave,
including bank holidays and discretionary closure days that they are entitled to at
UCLan. Bank holiday and closure days may differ in different organisations and in
different countries. If this is the case the actual annual leave days can be adjusted.
However the total amount remains at the employee’s contractual entitlement.
Further advice on different leave arrangements for overseas locations can be
sought from Human Resources.
20.3
As is normal practice in the UK, all holidays taken must be pre-authorised by the
employee’s manager.
21.
Emergency/Bereavement Leave
In the event of serious illness or death of a member of the employee’s or
spouse’s/partner’s immediate family, or other serious emergency situation, the
University may provide for economy return tickets to the UK for the employee. This
must be agreed in advance with the employee’s line manager.
22.
Health Screening
All UCLan employees who may be going to work or live overseas will be referred to
Occupational Health who will be able to provide advice about overseas travel and
living abroad. If staff prefer they can go directly to their GP; where this involves a
charge this will be paid by the University. Staff are not allowed to live overseas
unless they have had the relevant vaccinations and sought appropriate travel
advice. Occupational Health will ask staff to provide their immunisation status from
their GP.
23.
23.1
Transport at the host location
Transport for personal use will be at the employees own expense.
23.2
The provision of transport in connection with University business in the host country
will be dependent on local policies and arrangements and will vary from location to
location. The host country manager or budget holder will agree any transport
arrangements with the employee prior to commencement of the secondment.
25
October 2012
24.
24.1
Insurance
The University will ensure that all relevant insurances are in place for the duration of
the secondment to cover both the employee and the University. Details of the cover
can be found at Insurance. Health and travel insurance policies will normally
exclude pre-existing conditions. They University may, at its discretion, agree to pay
for treatment/medication required whilst working on secondment. This will need to
be discussed in advance and advice taken from the University’s Occupational
Health Service.
24.2
Details of local English speaking medical services will be provided to staff prior to
departure, and the University will assist in organising any required medical testing
and access to prescribed medicines so as to avoid unnecessary returns to the UK
for this purpose.
24.3
Staff on secondments within the EEA should ensure they have a valid European
Health Insurance Card (EHIC) available from Directgov in order to access
emergency medical treatment.
25.
Training and Development
Throughout a secondment, all staff are entitled to appropriate training and
development and will continue to be formally appraised. Employees should meet
(or where appropriate, communicate via Skype/video conference facilities) with key
management contacts to review their progress on secondment, discuss their future
development and explore any issues that have remained unresolved since their last
appraisal. It is the employee’s responsibility, with support from the University, to
ensure their skills and knowledge are kept up to date and recorded on iTrent.
26.
26.1
End of Secondment
The key to successful moves, in addition to ensuring successful completion of the
secondment, is to provide the opportunity for the employee to utilise the experience
gained. This not only maximises the University’s investment but also creates
awareness that working overseas produces positive results. While on secondment,
the employee, in conjunction with their line manager and HR, is responsible for
maintaining contact with the University and ensuring that their performance and
development are monitored.
26.2
An appraisal meeting (or where appropriate, communication via Skype/video
conference facilities) should take place at least annually with the employee’s
nominated line manager during the duration of the secondment to review the
employee’s role and objectives and consider opportunities on return.
26.3
Additionally, employees whose secondments are drawing to an end should have
their future position discussed/reviewed no later than six months prior to their
return. This will allow the employee and family to plan their future, and where
appropriate, their return to the UK. This is a joint responsibility of both the secondee
and their line manager in the UK.
26.4
Where a secondment is drawing to a close and the future position of the employee
is being planned, every effort will be made to ensure that the employee returns to a
position in the UK, or another overseas secondment, commensurate with their skills
and experience.
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October 2012
27.
27.1
Variation of Secondment Length
The length of any secondment will have been agreed with the employee prior to its
start and will usually terminate automatically in line with the agreed contract.
27.2
However, the University reserves the right to withdraw an employee or
accompanying family from the overseas location at any time as a result of changes
in business need, in the interest of personal safety or wellbeing or for any other
reason. Alternatively a secondment may be extended to cater for a particular
business need. Any such changes will be fully discussed with the employee at the
earliest possible opportunity and the University will seek to give not less than one
month’s notice wherever practicable.
28.
28.1
Grievance and Disciplinary Issues
Grievances and appeals relating to local conditions or local disciplinary matters
should be raised and resolved in the first instance in the host country with the
employee’s line manager, following where practicable the University’s normal
procedures available at Staff Handbook.
28.1
All statutory provisions will be followed regarding rights to trade union
representation or accompaniment by a work colleague, whether this is done incountry or via alternative provision e.g. via Skype/video conference facilities.
28.2
Where an employee is seconded to an external company, day to day operational
direction may be delegated to the host organisation but overall management control
will be retained by the University. In order to ensure there is clarity regarding the
employment position of the secondee and the host company throughout the
secondment, the following rules will be applied:




The seconded employee will not owe any duties directly to the host but only to
the University.
The host will not owe any duties to the seconded employee but only to the
University.
The University will retain day to day management control of the seconded
employee.
The University will carry out any appraisals, disciplinary or grievance
procedures and University procedures will be followed.
29.
29.1
Termination of Employment during an Employee’s Secondment
The University has the right to withdraw the employee to the UK at any time for any
reason and, at its discretion, to terminate the overseas secondment. Formal notice
provisions to terminate the employment will be available under the UK employment
contract together with redundancy provisions.
Any existing or compulsory
redundancy provisions remain unaffected.
29.2
Where an employee’s employment is terminated by the University on the grounds of
misconduct or gross misconduct, the employee will be responsible for the full costs
of repatriation.
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October 2012
29.3
Where an employee’s employment is terminated by the University for any reason
other than misconduct, the University will pay the full costs of repatriating the
employee and family to the UK
29.4
If the employee terminates his or her employment whilst overseas, then all
assistance will cease from the effective date of resignation, and the University will
not meet any costs of repatriation.
29.5
If the employee terminates his or her employment whilst overseas without giving
contractual notice, the secondment will summarily terminate.
30.
Successive Expatriate Secondments
In the event that an employee agrees to a further successive posting in the same or
a new host overseas location, some of the provisions in this policy may be
appropriate and will be agreed in advance between the employee and budget
holder.
31.
Policy Review
This policy will be reviewed on a 3 year basis by Human Resources.
Author: Human Resources
Last Reviewed: October 2012
Last date for review: August 2015
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October 2012