Redeployment Toolkit
(December 2013)
The attached toolkit sets out the background to redeployment (Part A), the process involved (Part B), the
Appeals Mechanism (Part C) and responses to Frequently Asked Questions (Part D). It also includes
background documents and templates used in the process (Part E).
It remains open to the staff or official side to suggest amendments to this document if the need arises in
the future. The staff and official side will review its operation by end June 2014.
Section A: Background .................................................................................................................................... 2
1.
Background to the Public Service Agreements 2010-16 (Croke Park and Haddington Road
Agreements) ............................................................................................................................................. 2
2.
Staff Mobility ............................................................................................................................................ 2
Section B: Redeployment Process ................................................................................................................... 4
1.
Obtaining sanction to fill a post through Redeployment ......................................................................... 4
2.
Receiving Organisation to advise the Public Appointments Service of sanction for a new post ............. 4
3.
The responsibilities of the Sending Organisation1 ................................................................................... 4
4.
PAS role and responsibilities .................................................................................................................... 5
5.
The Redeployment Liaison Officer ........................................................................................................... 5
6.
Identifying staff for redeployment ........................................................................................................... 6
7.
Matching staff with available vacancies ................................................................................................... 7
8.
Factors to be considered by PAS before making definitive assignments ................................................. 8
9.
Acceptance of a post by staff - Terms and Conditions applying .............................................................. 9
10. Temporary Appointments ...................................................................................................................... 11
11. Career Break Returnees.......................................................................................................................... 12
12. Advising the PAS that an assignment has been made ........................................................................... 12
13. Options where there are no applicants who match the post ................................................................ 12
Section C: Appeals Mechanism for Cross-Sectoral and Civil Service Redeployment Decisions .................... 14
Section D: Frequently Asked Questions (FAQs) ............................................................................................ 15
Section E: Appendices .................................................................................................................................. 18
1.
Pension Contribution in respect of Secondments and Redeployments (F519/046/11) ........................ 18
2.
Template for position to be filled by Redeployment ............................................................................. 19
3.
Template for the redeployment of staff on a secondment basis (indicative) ........................................ 20
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Section A: Background
1. Background to the Public Service Agreements, 2010-16 (Croke Park and Haddington Road
Agreements)
The Public Service Agreements (PSAs) covering the period 2010-16 (the Croke Park and Haddington Road
Agreements) provide for agreed redeployment arrangements to apply in the Civil Service and in other parts
of the Public Service. A Department of Public Expenditure and Reform circular (Circular 8/2010) setting out
the arrangements across the Civil Service and between the Civil Service and Non-Commercial State
Sponsored Bodies (NCSSBs) issued in July 2010, following ratification of the Croke Park Agreement (CPA).
Under the PSAs, redeployment generally takes precedence over all other methods of filling a vacancy and
supersedes any existing agreements on the deployment of staff.
Redeployment operates through a system of Resource Panels (RP) for the Civil Service and Non-Commercial
State Sponsored Bodies (NCSSBs) under their aegis. These panels contain details of the posts identified by
organisations for redeployment in these sectors on the basis of changing business needs or ongoing
management of the Employment Control Framework (ECF) ceilings by public service bodies. The Public
Appointments Service (PAS) is the body charged with operating the Redeployment Panel System for these
sectors and for cross-sectoral assignments. The agreed arrangements for the redeployment staff within the
Health, Education, and Local Government sectors are managed directly by those sectors and are not covered
in this Toolkit.
Under the Haddington Road Agreement (HRA), the parties involved reaffirmed the commitments given in
paragraphs 1.5-1.12 of the CPA. To enhance management flexibility and optimise the redeployment
arrangements, changes were introduced for the Civil Service and NCSSBs and for cross-sectoral
redeployment. These affect how staff are identified for redeployment and strengthen the systems in place
to match surplus staff with vacancies on a geographic basis within the guideline distance of 45km.
Progress on the implementation of the CPA, including progress on the redeployment of public servants
within and across sectors of the Public Service, is monitored on a sectoral basis and was advised to the
Implementation Body (http://implementationbody.gov.ie/progress-and-delivery/). As that body was
replaced under the HRA by the management-union Agreement Oversight Group, sectoral progress reports
will now be submitted on a 6-monthly basis to the Department of Public Expenditure and Reform.
2. Staff Mobility
Redeployment allows staff to be moved as a result of the rationalisation, reconfiguration or restructuring of
public service bodies or where activities have assumed lesser priority arising from changing business needs.
In the case of the Civil Service, the Minister for Public Expenditure and Reform can redeploy Civil Servants
to meet priority needs (including levies of staff where necessary). Where functions are transferred within
or between areas of the Civil or Public Service, associated staff will normally also transfer if a corresponding
need has been identified.
In all sectors, redeployment takes precedence over recruitment, transfers and promotions, except where
specialist skills are required or other major constraints apply. People may be moved to positions within
45km of their current work address or home address, whichever is the shorter, with account also being
taken of a reasonable daily commute.
2
It is important to note that while staff may be moved between different locations as a consequence of the
redeployment arrangements - beyond the 45km radius set out under the PSAs in certain circumstances –
the arrangements were not designed for and are not used to facilitate requests from individuals for transfers
to address personal circumstances.
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Section B: Redeployment Process
This section provides useful information for public service bodies involved in redeployment and covers the
steps in the redeployment process for “sending” and “receiving” organisations. 1
1. Obtaining sanction to fill a post through Redeployment
Under the Employment Control Framework (ECF) system, Departments and public service bodies under
their aegis must operate within particular staffing ceilings. Where an organisation is facing increasing
demands for its services and consequential resource pressures, it must first seek to meet these demands
from the reorganisation or restructuring of work or business units and/or the redeployment of staff
internally2. Internal redeployment can include transfers from one NCSSB to another, provided both NCSSBs
are within the same Departmental group. Such reassignments can take place without a request for sanction
to the Department of Public Expenditure and Reform. While such moves would take place outside of the
Resource Panel system, the Terms & Conditions applying to such assignments will be those that apply under
the Resource Panel system (i.e. as set out in section B10). Any such assignments must be notified to the
PAS, to allow movement across the Public Service to be monitored.
If there is no scope to redeploy via the internal option, the public service body must seek sanction to fill the
post. Government policy requires that any posts sanctioned must be filled by Redeployment in the first
instance. As part of the process for seeking sanction, the Department must make a business case to
Department of Public Expenditure and Reform justifying why the additional staff are needed. In the case of
the various sectoral organisations and NCSSB’s, such staffing applications must be submitted via their parent
Department, who must indicate their view on the relative priority of any cases submitted.
Where an appropriate match cannot be determined following the Redeployment process, the PAS will
advise the sanctioning Vote in the Department of Public Expenditure and Reform of the steps taken and
the outcome. This will inform any further actions to be taken to meet the staffing needs identified.
As an alternative to seeking sanction for a specific post, Departments should first consider reorganising or
redistributing the work (between staff or locations) and filling a post at another level/location for which
surplus staff would be likely to be more readily available.
2. Receiving Organisation to advise the Public Appointments Service of sanction for a new post
Once sanction has been given to fill a post(s), the receiving organisation must inform the Public
Appointments Service (PAS) that it has received that sanction and must provide information to the PAS on
the post (see Appendix E2 for a summary of the details to be supplied). It is important to note that the filling
of the sanctioned post(s) may not be commenced by a receiving organisation until this information has been
received by the PAS.
3. The responsibilities of the Sending Organisation
The following is a description of the key responsibilities of an organisation that has staff to be redeployed:
 HR Unit reviews the ECF to ensure that the organisation does not exceed the numbers allocated to it;
1 Throughout this document organisations redeploying staff to another are referred to as sending organisations. Organisations
who fill vacancies through redeployment are called receiving organisations.
2 Except in accordance with agreements reached with staff side unions or for the transfer of functions for clear business reasons,
organisations will not seek to transfer staff between locations that are more than 45km apart (see section B7 of the toolkit for
redeployment of staff outside of 45km limit).
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The HR Manager should outline to the staff and their unions, as soon as it becomes available, details of
the outcome of the analysis undertaken in the context of the development of the organisation’s
Workforce Action Plan to identify the gaps/areas where the current workforce does not match what is
required to deliver on its objectives and the numbers of proposed redeployments in each grade and
location and the basis for their selection. In the case of NCSSBs, statutory consultation requirements
may also apply;
Appoint a Redeployment Liaison Officer (RLO);
Establish a dedicated redeployment mailbox accessible to the RLO which should be monitored on a daily
basis;
Advise staff of the range of information available in the Redeployment Toolkit and how this can be
accessed.
Use the prescribed process when redeploying staff and ensure that all redeployments go through the
PAS. In the past, redeployments between organisations, particularly within the same Vote group, may
have been brokered directly. Where that has been done, such redeployments must be advised to the
PAS.
4. PAS role and responsibilities
Under sections 6.3 and 6.4 of the CPA, the PAS has been given the responsibility of brokering arrangements
between sending and receiving organisations in the civil service Departments and the NCSSBs under their
aegis. The HRA provides that redeployment must occur seamlessly across the Public Service, particularly at
regional level and that this will be facilitated by the PAS which will match surplus staff with available
vacancies on a geographic basis within the guideline distance. To achieve this objective the PAS will:
 facilitate the assignment of redeployees to new organisations;
 monitor and manage the staff Resource Panel system;
 ensure that the redeployment process meets the requirements of the PSAs;
 carry out a matching process between staff and roles;
 respond to queries from HR Units/RLOs relating to the uploading of information on the Resource Panel
in a timely manner;
 through the Resource Panel Helpdesk, provide timely responses to questions relating to redeployment;3
 provide data regularly to the Department of Public Expenditure and Reform and Personnel Officers on
the number of posts on the RP and the number of assignments made.
It is envisaged that individuals will contact their own HR Unit to find out more about redeployment and
access to vacancies. The PAS will direct any queries of this type to the relevant organisation.
5. The Redeployment Liaison Officer
The appointment of a RLO is essential to the effective implementation of the Redeployment Process. S/he
should be based in the HR Unit of the organisation and will be required to work proactively with the PAS
and with receiving organisations to ensure the early assignment of redeployees to alternative posts.
3 A helpdesk has been set up by the PAS to support HR staff and RLOs in placing people on or accessing people from the Resource
Panel. The helpdesk can be contacted by phone at +353-1-8587409. Email enquiries should be directed to
redeployment@publicjobs.ie and queries will be responded to within 24 hours;
5
The PAS will set up the nominated RLO as a user on its database system and sends the RLO login details. Full
instructions on uploading the data are available on the client portal of www.publicjobs.ie. The RLO will have
access to data in relation to their own organisation only.
The responsibilities of the RLO will include:
 Working closely with the PAS to upload the required information onto the RP and ensuring all of the
information is kept fully up to date;
 Using the prescribed process when redeploying staff and ensuring that all redeployments go through,
or where appropriate are reported to, the PAS;
 Actively working with staff in their own organisation in relation to redeployment, including consulting
with redeployees as soon as possible within the process and providing as much information as possible
to the individual being redeployed in terms of the process and the implications for him/her;
 Liaising with receiving organisation, the Department of Public Expenditure and Reform and other
relevant stakeholders when required.
6. Identifying staff for redeployment
Where a civil service or NCSSB organisation has posts in excess of its ECF or has other budgetary or business
reasons to redeploy staff, individuals to be placed on the redeployment RP are identified as set out below.
Where an organisation in another sector has verified to the PAS that its sectoral opportunities have been
fully explored and that cross-sectoral redeployment is essential to allow for the placement of its staff, they
must follow the same steps:
 Where an activity or programme is no longer being carried out, the posts associated with that activity
or programme should be deemed to be surplus and available for redeployment.
 Surplus posts may also arise as a result of rationalisation, reconfiguration, reorganisation or
restructuring of services or functions or as a result of the ECF or in line with business needs.
 The organisation should identify the number of posts at each relevant grade which are surplus, and the
location of the surplus. Once a surplus has been established on this basis the identification of staff to
be redeployed will proceed as follows: (i) volunteers will be sought for the RP and (ii) if the number of
volunteers falls short of the surplus, Last-In-First-Out (LIFO) will be applied, as appropriate.
Where organisations have notified the PAS of the details of the staff to be redeployed, the PAS will treat
them as being fully available for release, at reasonable notice.
The Government’s policy on the downsizing of the Public Service requires public service managements to
ensure that all available resources are used to the best effect and that new opportunities are explored for
utilising staff on the public service payroll. In situations where a person with particular skills is available for
redeployment, and another organisation could use them but doesn’t have the ECF numbers or the money
to pay them, the Department of Public Expenditure and Reform has agreed that they can be reassigned on
a supernumerary basis, and the information recorded by the PAS.
Decisions on the reallocation of funding should be agreed bilaterally, but if necessary the Department of
Public Expenditure and Reform will make a determination on the issue. The Department of Public
Expenditure and Reform welcomes where such arrangements have already been entered into bilaterally.
However, to allow this information on public service flexibility to be captured for various reporting and other
requirements in relation to the transfer of staff, Departments are required to ensure that these
arrangements are properly recorded on the PAS Resource Panels records.
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7. Matching staff with available vacancies
Redeployment must occur seamlessly across the Public Service, particularly at regional level. This will be
facilitated by the PAS which will match surplus staff with available vacancies on a geographic basis within
the guideline distance. Specifically, the operation of the redeployment arrangements will be based on the
“best fit” for the vacancy in the location. In this context, every opportunity should continue to be taken for
re-skilling and re-assignment as the key method to seek to retain and secure employment in comparable
roles in the Public Service.
The appropriate match between those available on the RP and an available vacancy will be determined by
the PAS, in conjunction with the organisation’s sectoral liaison officer/contact point and its respective
management, within a period not exceeding one month of notification of the vacancy. The factors to be
considered by the PAS in that context are set out at 8 below.
Where an appropriate match cannot be determined following the Redeployment process, the PAS will
advise the sanctioning Vote in the Department of Public Expenditure and Reform of the steps taken and
the outcome. This will inform any further actions to be taken to meet the staffing needs identified.
To assist the assignment process and to ensure the selection of the “best fit” for the vacancy, each individual
assigned to the RP must submit a profile of skills, competencies, knowledge and career experience.4 The
PAS, in conjunction with the receiving organisation, may conduct a selection process to establish the
suitability of individuals for the vacancy concerned.
Once the redeployment assignment decision has been made, the assignment of the redeployee will be
progressed directly between the HR Units of the sending and receiving organisations.5
Where a staff member wishes to appeal a redeployment assignment, whether cross-sectoral or within the
Civil Service, such an appeal will be considered by an agreed adjudicator. The adjudicator will issue a
decision within the terms of the scheme within 21 days and the decision will be binding on all parties and
will be final. In all instances the individual will be required to take up the position offered in advance of the
adjudication process (see Section C for details of the process to apply).
In cases where none of the public service organisations in a geographical area have notified details of surplus
staff at the grade or at equivalent grades to the PAS for inclusion on the RP, or where there are insufficient
numbers on the RP in that geographical area, the PAS may seek volunteers from among staff who are outside
the 45km limit. An organisation that chooses to release a volunteer that PAS considers to be a suitable
match6 may backfill the vacancy through an assignment from the RP without the specific sanction of the
Department of Public Expenditure and Reform.
The Department of Public Expenditure and Reform may determine the order in which surplus staff may be
redeployed from different organisations and determine prioritisation in the placement of staff in other
public service organisations taking account of the circumstances prevailing in each organisation, location
4
The profile should include details of the staff member’s service in the grade and any assignment preferences they
may have, including regarding location.
5
Where feasible, those who have moved on LIFO will be exempt from any other further redeployment moves on foot
of LIFO for a period of 3 years.
6
Where a CO or SO vacancy is circulated to staff outside the 45km limit the PAS will take due account of the terms of
the Central Transfer List (CTL) system agreed with the CPSU. Where a CTL assignment will result in an assignment from
the RP in the sending location, these will be assigned in precedence over non-CTL volunteers on the RP who are outside
the 45km limit.
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issues and the staffing needs of the organisations being given the redeployed staff. It may also require the
PAS from time to time to confine the circulation of offers to certain organisations e.g. where an
organisation is closing down within a limited timeframe.
8. Factors to be considered by PAS before making definitive assignments
The PAS will need to consider a broad range of factors when matching those available on the RP with an
available vacancy and before a person may be reassigned permanently to another employer/sector.
Pay
The basic pay of the person before they transfer will be compared with the pay applicable to the post they
are going to.
Basis of assignment
The sending organisation will confirm to the PAS that the appointment process that resulted in the person’s
assignment to their existing post was in accordance the principles of probity, merit, equity and fairness.
Where necessary, the PAS may conduct a test of a person’s competencies for a post.
Tenure
Staff employed on a temporary basis, or for a definite period, will be issued with a new contract by the
receiving organisation for the duration remaining on their existing contract only, unless the Department of
Public Expenditure and Reform agrees otherwise. Staff employed on limited-hours contracts may not
increase those hours on redeployment unless the Department of Public Expenditure and Reform agrees
otherwise.
The nature of the post
Certain posts in the Civil Service, such as cleaners and service officers, hold unestablished posts and those
transferring at those levels to the Civil Service will be assigned accordingly unless the Department of Public
Expenditure and Reform agrees otherwise.
Suitability
The sending organisation will arrange to confirm the person’s suitability for the position on the grounds of
character7 to the PAS. Certain posts in the Civil Service may require Garda clearance before an assignment
can be made e.g. Department of Justice and Equality.
The sending organisations will confirm the suitability of the person for the position on the grounds of
conduct and sick leave.
Individuals who have sick leave in excess of the norm who are considered the best match for a position will
have their sick leave referred to the CMO for the purposes of having it discounted.
In accordance with section 6.3.14 of the CPA, it is open to receiving organisations to refuse to accept staff
on conduct and sick leave grounds and in that case the post will be offered to the next most suitable match
for the post. However, if the best match for a post has an unsatisfactory record in relation to conduct or
sick leave, the sending and receiving organisations may consider whether an assignment may proceed
7
As part of its recruitment processes generally, PAS ask applicants to confirm that there is no reason on the grounds
of character why their application for a post should not be considered; to confirm that they have never been
convicted in a court of law of any offence of a criminal nature; or are not currently under investigation or awaiting
trial for any wrongdoing.
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notwithstanding. In that case, regard should be had to the overall size of the receiving office and the number
of posts at the equivalent grade level in the location in question.
Where an office is being abolished, the receiving organisation may not refuse an assignee on conduct or sick
leave grounds.
In all cases, sending and receiving organisations will address any underperformance or attendance issues
arising in accordance with the terms of paragraphs 3.13 and 3.14 of the HRA.
Ability to discharge the duties of the new post
The PAS, in conjunction with the receiving organisation, may conduct a selection process to establish the
suitability of individuals for the vacancy concerned.
Policies of the Minister for Public Expenditure and Reform in relation to mobility and redeployment
Decisions by the PAS to reassign staff definitively must take account of clarification or guidance provided by
the Department in relation to redeployment and mobility issues. These include in particular the requirement
to ensure that any pension funding issues are fully addressed in advance of definitive reassignment and the
resolution of matters such as:
 the scope and applicability of industrial relations agreements e.g. CPA and HRA; and
 issues relating to pay and grading levels applicable to those under consideration for redeployment.
9. Acceptance of a post by staff - Terms and Conditions applying
The Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 was passed in
2013. This removes the legislative barriers to mobility and redeployment across the various sectors in the
Public Service and addresses other issues that arise on changing employer. It should be noted that the
application of this legislation is not required in cases where redeployment is by the same employer - for
example within the Civil Service.
The PAS is contacting organisations who have already taken on redeployed staff on a secondment basis to
arrange to make such assignees definitive in the receiving organisation. When the relevant issues (see
section 9 above) have been clarified bilaterally by the sending and receiving organisations involved, the PAS
will issue a “designation” in respect of each person on secondment to confirm that, with their consent, they
have been designated as an employee of the receiving organisation in accordance with the Act. This notice
will include details of the person’s new grade and of the basis of their assignment. This designation process
will apply in respect of all cross-sectoral assignments in future.
In cases where definitive assignment is not immediately feasible pending clarification of any issues involved,
secondment (rather than definitive appointment) is being used as a method for effecting transfers of staff
where there is a change of employer. The pay, pension, and terms and conditions of employment that will
apply in such cases will be as close as possible to those that would apply if it was immediately possible to
transfer staff definitively to the new employment.
It is important that all those being assigned are made fully aware of the conditions of redeployment and
acknowledge this by signing all relevant staff policies and procedures (see Appendix E3 for a pro-forma
agreement relating to the conditions applying on secondment). The main conditions are summarised below.
Pay
Staff who are redeployed will take their own basic pay with them to the new employment. In practice this
means that
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if they move to a post where the pay scale ends at a point lower than theirs, they continue on their
own pay scale to its maximum, on a ring-fenced basis
if they move to a post where the pay scale ends at a higher point than theirs, they continue on their
own pay scale to its maximum.
This pay approach allows for scope for staff in one grade to transfer across to a grade that does not exactly
match their own. Where this is in prospect, the Remuneration and Industrial Relations Division of the
Department of Public Expenditure and Reform is consulted in relation to the maximum and minimum pay
variations for such assignments.
Staff transferring on secondment will continue to be paid by their own employer, on a recoupment basis,
unless otherwise agreed with the Department of Public Expenditure and Reform. When they are assigned
definitively to the post, they will transfer to the payroll system of the receiving organisation.
Allowances
The arrangements underpinning the PSAs provide for compensation for loss of regular and structured
earnings which may result from the application of the pay approach set out above. Such losses (if any) will
be established after the redeployment has been in operation for 12 months and compensation will be paid
equal to 1½ times the annual loss established in the case of the individual affected, payable in 2 instalments
a year apart.
Pension Entitlements
What a person already had in terms of reckonable service for pension purposes will transfer with them to
their new employer in accordance with the principle of “uniform accrual” where appropriate – e.g. 5 years
in a 20-year accrual scheme would transfer as 10 years into a 40-year scheme.
The pension entitlements a person was already building up in their previous employment will continue to
build up in the new employer’s scheme, on the same terms as they had, except for accelerated accrual and
early pension ages. It will make no difference what sector a person is transferring from (civil service, local
authority, health or NCSSB) or into. Each sector has its own deviations from standard terms, but a person’s
existing rules will simply continue to apply to them on a personal basis.
It is highly unlikely to be necessary, but if for some reason a person cannot transfer from their old
Superannuation Scheme to the Superannuation Scheme operated by the new employer, they will preserve
their benefits in their old scheme and the pension entitlements for future service will build up in the new
employer’s Scheme i.e. there will be a cut-off at date of transfer so that service up to then will be preserved
in the old scheme(s) and service from that date on will accrue in the new scheme(s).
A person in a redeployed post who is promoted to a new grade in due course will usually move into the
superannuation scheme applicable to that grade and will no longer be entitled to pensions on the terms
that had previously applied to them. Their previous service (from ‘old’ and ‘new’ employer) will usually be
aggregated in the new scheme under the new terms i.e. the terms applicable to the new post.
Where organisations are closing down and staff are moving elsewhere, that will usually be provided for in
specific legislation. Where appropriate, that will set out the position regarding pensioners, preserved
pensioners and active members.
Pension Contributions
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A person being redeployed who is contributing to a funded scheme will continue contributing when they
move to the new employer’s scheme. If they contribute a higher rate in (say) an NCSSB they will continue
to contribute that higher rate in the Civil Service. The Civil Service now has many contributory members
due to contributions being introduced for fully insured civil servants (other than non-established staff)
from April 1995.
Pension Charges
In relation to pension charges, as stated in the letter relating to Pension Contribution in respect of
Secondments and Redeployments (F519/046/11 – Appendix E1) it is not necessary for the sending employer
to charge the employer contributions (secondment rate) to give effect to redeployment where both
schemes are funded or underwritten by the State. In the unlikely event that one (or both) of the schemes is
funded, the organisations should check the existing arrangements for transfers between them under the
Transfer Scheme arrangements. If the issue cannot be resolved bilaterally, they should consult Pensions
Section in the Department of Public Expenditure and Reform for guidance.
Retirement Age
Redeployment will have no effect on retirement age in the vast majority of cases. In general a person can
resign at any time with preserved benefits; or retire with immediate payment of benefits where they have
reached the required age. The age a person is entitled to receive his or her pension (their “pensionable
age”) and when they are obliged to retire (“maximum retirement age”) depend primarily on when they
are recruited. While there are exceptions, which can be considered on a case by case basis, in general the
position is as follows:
 Persons appointed before 1 April 2004 have a “pensionable age” of 60 and a “maximum
retirement age” of 65. Non-Established Civil Servants/State Employees have a later “pensionable
age” for those who are appointed before 1 April 2004.
 Persons appointed on or after 1 April 2004 but before 1 January 2013 have a “pensionable age” of
65 and no “maximum retirement age”
 Persons appointed on or after 1 January 2013 have a “pensionable age” of 66 (rising to 67 in 2021
and 68 in 2028, in line with the State Pension age) and have a “maximum retirement age” of 70.
 If a person was employed in their previous post on the basis that they would be entitled to a
maximum pension benefit after 40 years, they will be entitled to that full pension after 40 years’
service when they reach the relevant pension age.
Terms and Conditions of Employment
The assignee will take fully the non-pay terms and conditions of the receiving employer (leave, sick leave,
flexi, attendance times etc.) and they will have no rights of access back to the terms and conditions of their
previous employment. For example, staff in another sector transferring to the Civil Service will be subject
to Civil Service non-pay terms and conditions of employment, including the code of conduct and the
disciplinary code.
Seniority
Staff moving under the redeployment arrangements will retain their relevant service for seniority purposes.
10. Temporary Appointments
Where an organisation needs staff for a limited period of time (circa 6-9 months) or to backfill a vacancy
arising on foot of the temporary re-assignment of internal staff to meet short term priority needs, these
vacancies can be filled from the RP. Where posts are being filled on a temporary basis, a loan arrangement
will apply and staff on such assignments will remain as employees of the sending organisation and be
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retained on its payroll, with salary etc. costs being met on a recoupment basis. Such may leave for a
permanent assignment, if they are the best match for a vacancy that arises while they are on loan, subject
to reasonable notice being given.
Ideally, staff would be assigned on a loan basis only once and they would not be asked to undertake a series
of short-term assignments.
11. Career Break Returnees
Where a Department is above their ECF, or does not have the salary budget to pay a returning career break
person, the post will be put on the RP in accordance with paragraph 40 of Career Break Circular 4/2013. 8
To secure an offer of work, the civil servant must indicate at least two months before the end of his/her
career break that s/he wishes to return to work and must supply a CV to the PAS, via their Personnel Officer,
to facilitate the making of an assignment. The possibility of facilitating them on a supernumerary basis will
be pursued if it is not possible to make a reasonable9 offer.
If the officer on career break refuses to submit a CV or otherwise refuses to co-operate with the
redeployment process, or refuses to accept a reasonable offer, the matter will be dealt with as if they had
refused to resume duty following the expiry of the career break (see paragraphs 32-33 of the Career Break
Circular, 4/2013).
12. Advising the PAS that an assignment has been made
The onus remains on the sending organisation to ensure that the details notified to the PAS in relation to
their organisation are fully up-to-date. When an assignment of a redeployee has been made, it is critical
that the RLO/HR of the receiving organisation informs the PAS, who will amend the Resource Panel to reflect
the redeployment of this person.
13. Options where there are no applicants who match the post
In the context of PSA commitments, and the need to use redeployment as the main method for the filling
of posts, it is essential for sending and receiving organisations to ensure that they take a proactive approach
in situations where there is not an exact match between the person being assigned and the post to be filled.
This involves knowing the skills sets that are available for redeployment, re-assigning staff internally to fulfil
key roles where appropriate and backfilling from the redeployment pool to offset such assignments. Both
sending and receiving organisations must also take a proactive role in re-skilling staff:
 In the case of the sending organisation by working to assist redeployees to acquire competencies
necessary to equip them for redeployment to jobs likely to be filled in the coming period where
feasible;
 In the case of the receiving organisation by ensuring that specific training necessary for a particular
job is provided to the redeployee.
8
This position may not pertain in specific cases where the conditions applying to the granting of a career break to State Agency
employees were not broadly similar to the conditions that apply in relation to civil service staff.
9
Where feasible, a person who went on career break from an organisation in a particular location will be facilitated with a post in
that location. If that is not feasible, the retuning career breaker may be assigned to another post at the appropriate grade in an
alternative Department within a defined radius i.e. where possible, staff will be redeployed to another post within a 45km radius of
their current work location or of their home address, whichever is the shorter commute. Regard will also be had to reasonable daily
commute time.
12
In some cases, particularly where specific technical competencies are required, it may be the case that such
reassignment or re-skilling options are not feasible. The approach to be taken in these situations will be
considered by the PAS as the need arises.
Only in exceptional circumstances, where it has not been possible to fill the vacancy through redeployment,
including following a re-skilling process, and this has been confirmed by the PAS, will consideration be given
to authorising the filling of posts through recruitment or promotion.
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Section C: Appeals Mechanism for Cross-Sectoral and Civil Service
Redeployment Decisions
Background
1. The Haddington Road Agreement (HRA) reaffirms the existing provisions in the Public Service
Agreement 2010 -2014 (PSA) in respect of redeployment. To enhance management flexibility and
optimise the redeployment arrangements, the HRA sets out certain changes for the Civil Service and
NCSSBs and for cross-sectoral redeployment. It provides that where a staff member wishes to appeal
a redeployment assignment, whether cross-sectoral or within the Civil Service, such an appeal will be
considered by an agreed adjudicator (see 3 below) who will issue a decision within the terms of the
scheme within 21 days and whose decision will be binding on all parties and will be final.
2. To facilitate the implementation of this process, the arrangements set out below shall apply.
Redeployment Adjudicators
3. Existing appeal adjudicators will continue to adjudicate for their sectors, with the adjudicators for the
Health Sector taking on the additional role of adjudicating on appeals by staff in the Civil Service and
the NCSSB’s.
4. The costs of adjudication will be borne by the employer.
Role of the adjudicator
5. The role of the adjudicator will be to carry out an independent examination to assess whether the
decision to redeploy is in line with the agreed procedures.
6. In this context, the adjudicator will examine whether all the reasonable options available to the
sending employer, both within their own sector and cross-sectorally, have been explored by them (in
conjunction with the PAS as applicable) and whether the terms of the PSA/HRA were correctly applied.
Process for appealing a redeployment decision
7. In all instances the individual must take up the position offered in advance of the adjudication process.
The normal provisions of a collective agreement between a union and employer will apply.
8. A person wishing to make an appeal, and/or a union on their behalf, must lodge a Statement of Case
for consideration by the adjudicator. This should set out the basis for the appeal and must be
submitted not later than 10 working days after formal notification of the redeployment decision
relating to them.
9. The person’s former employer must submit a Statement of Case for consideration by the adjudicator
not later than 10 working days after the adjudicator has notified it of the appeal. This should set out a
brief summary of the redeployment decision and details of any steps taken to source alternative
redeployment options for the person making the appeal. .
10. When both Statements of Case have been submitted, the adjudicator may seek additional information
from any party involved in the redeployment decision.
11. Where the adjudicator considers it necessary, s/he may arrange for a hearing of the appeal. The
person making the appeal may be accompanied at the appeal hearing by their union.
12. The adjudicator will issue a written decision to the parties within the terms of the PSA, as amended by
the HRA. This will issue within 21 days of receipt of additional information sought from any party
involved in the redeployment decision (see 10 above), or the hearing of the appeal where that is
applicable. It will be binding on all parties and will be final.
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Section D: Frequently Asked Questions (FAQs)
Q1.
What is the purpose of the redeployment scheme?
A.
Redeployment as envisaged under the Public Service Agreements 2010-16 allows staff to
be moved from activities which are of lesser priority, or which have been rationalised, reconfigured,
or restructured, to areas of greater need. In practical terms these arrangements can facilitate the
targeted reduction in public service numbers while sustaining the ongoing delivery of services.
Q2.
How many posts are available to be filled by redeployment within the Civil Service?
A.
There is no fixed pool of posts available to be filled by redeployment. Where it is necessary
to fill posts in specific areas, or to increase staffing in certain designated priority areas in accordance
with Government policy, positions will be offered through Personnel Officers/RLOs of Departments
and public sector bodies with staff notified to the Resource Panels.
Q3.
Can some indication be given of the organisations where redeployed posts will be located?
A.
Where it is necessary to increase staffing in certain designated priority areas in accordance
with Government policy, Department of Public Expenditure and Reform sanction must be sought
and granted by the relevant Vote area before any assignments can take place. No guarantee can
be given in relation to exact future location.
Q4.
What is meant by LIFO?
A.
LIFO means ‘Last-In-First-Out’. It is based on the length of a person’s service in their present
grade10. A person may be selected by their HR Unit to be placed on the RP on the basis of their
service within their grade.
Q5.
Will a person lose seniority/service by moving?
A.
No. This is covered by paragraph 3.4 of Circular 08/2010 in the case of Civil Servants and
Paragraph 6.4.14 of the CPA for Non Commercial Semi-State Bodies (NCSSB) staff. Staff moving
under the arrangements set out in Appendix A or B of that Circular or the protocols for the
reassignment of NCSSB staff will retain their existing seniority (save that seniority arrangements in
place for decentralisation moves will continue to apply to such moves).
Q6.
How is the “45km radius” calculated?
A.
The CPA says “Staff on Resource Panels may be assigned to another civil service job at the
appropriate grade in an alternative Department within a defined radius i.e. where possible staff will
be redeployed to another Civil Service post within a 45km radius of their current work location or
of their home address, whichever is the shorter commute. Regard will also be had to reasonable
daily commute time.”
This is interpreted to mean that without discussions with the unions in specific cases, staff would
not be asked to travel more than 45km to the new work location, no matter which is chosen (home
or existing work location), unless a reasonable commute time is involved.
It is difficult to be comprehensive in relation to defining what constitutes a reasonable commute
and personal circumstances will differ. Provided a substantial additional travel time is not involved,
a person already travelling a substantial distance, by train or bus for example, could reasonably be
10
Where the seniority date of person represented by the CPSU, PSEU or the AHCPS has been amended on foot of a
voluntary transfer, including a head-to-head swap, service in the grade will be calculated with reference to the
revised seniority date.
15
asked to take that transport a further distance, or if they have a multi-leg journey taking transport
in different directions, even if those changes bring them over the 45km radius.
Q7.
Does the 45km radius apply to redeployment within Dublin?
A.
Yes. Where possible, staff will be redeployed to another post within a 45km radius of their
current work location or home address. If a person is already commuting to a particular location,
reassignment will be made taking due account of a reasonable daily commute in their particular
circumstances.
Q8.
What happens if there is no post in the same sector (e.g. Civil Service) within the 45km?
A.
In the case of civil servants, where no suitable post is available in another Department
within a reasonable daily commute, redeployment options will be sought in NCSSBs and in other
sectors, initially within a 45km radius. Similar arrangements apply in respect of employees of
NCSSBs or other sectors who cannot be accommodated with redeployment within their own sector.
Q9.
Can a person who is work-sharing transfer with their current work-sharing pattern?
A.
Paragraph 4 of Circular 11/2010 replaces Paragraph 7.2 of Circular 31/2001 to state that
“Any person who is required to move between Departments, e.g. under a Last In First Out
arrangement, may retain their existing arrangements on a personal basis for up to three months
(which may be extended up to six months at the discretion of the Department) from the date of
commencement in the new Department, during which time they must review the arrangements
with management of the receiving area. Following review, the worksharing arrangements must be
confirmed or varied, including resuming full-time work, as may be necessary in light of the business
needs of the area and/or the Department. The review should consider the business needs of the
area and the personal responsibilities and obligations of the officer concerned.”
Q10.
Is the service of a work-sharer reckonable as equivalent to full-time service for the purposes of
the redeployment scheme?
A.
Paragraph 16.2 of Circular 31/2001, states that “it is not permissible to reckon work-sharing
service as anything other than equivalent to full-time service for seniority lists used for the purposes
of promotion or other similar purposes”.
Q11.
Can a person opt to return to their original organisation after they transfer?
A.
Bearing in mind that the purpose of redeployment is to meet Government priorities within
an overall Employment Control Framework, it is unlikely that the receiving organisation will be in a
position to release their redeployed staff or that their original organisation will have a vacancy to
which they might return. Also in some cases the person may have changed organisation and/or
status within the public service.
Q12.
How long will redeployment from a Resource Panel take?
A.
It is not possible to give an exact time frame. It is intended that redeployment will occur as
quickly as demand allows once people are notified to the PAS for inclusion on the Resource Panels.
Q13.
Where do I find further information in relation to the matters mentioned in earlier answers?
A.
The circulars mentioned in this FAQ document be accessed at: http://circulars.gov.ie. The
Croke Park Agreement can be accessed at http://per.gov.ie/croke-park-agreement/. The
Haddington Road Agreement can be accessed at http://per.gov.ie/haddington-road-agreement/.
Q14.
Will there be a competitive selection process?
16
A.
The appropriate match between those available on the RP and an available vacancy will be
determined by the PAS in conjunction with the organisation’s sectoral liaison officer/contact point
and its respective management within a period not exceeding one month of notification of the
vacancy. The factors to be considered by the PAS are set out at section B9.
Q15.
Is there a trial period?
A.
There is no trial period.
Q16.
Can I refuse an offer?
A.
Where a staff member wishes to appeal a redeployment assignment, whether cross-sectoral
or within the Civil Service, such an appeal will be considered by an agreed adjudicator. The
adjudicator will issue a decision within the terms of the scheme within 21 days and whose decision
will be binding on all parties and will be final. In all instances the individual will be required to take
up the position offered in advance of the adjudication process (see Section C for details of the
process to apply).
Q17.
What are the implications if I move from the Civil Service to a non-civil service organisation or
vice versa?
A.
You will carry your own basic pay and pension terms with you. You will take fully the nonpay terms and conditions of the receiving employer (leave, sick leave, flexi, attendance times etc.)
and will have no rights of access back to the terms and conditions of your previous employment.
Staff in another sector transferring to the Civil Service will be subject to the Civil Service code of
conduct and disciplinary code.
17
Section E: Appendices
In this section are copies of relevant advices as well as some of the forms and suggested templates used in
the Redeployment process. These appendices are not an exhaustive list and the forms may be modified
depending on particular requirements.
1. Pension Contribution in respect of Secondments and Redeployments (F519/046/11)
22 December 2011
Pension Contribution in respect of Secondments and Redeployments
Dear Personnel Officer
1. The Department of Finance letter (E109/76/01) dated September 2005 sets down rates to be charged for
pension contributions in respect of Civil Servants who are seconded to bodies outside the Civil Service
(including Public Service bodies). In practice, the charges are also applied to secondment from and
between other public service bodies.
2.
Redeployment between Public Service Bodies is being effected on a secondment basis pending measures
to remove legislative obstacles to definitive appointment, and, the pension liability for redeployed staff
will generally fall on the scheme of the recipient organisation(s) once such appointments are made. As
the vast majority of public sector schemes are now either funded or underwritten by the State the
Department has reviewed the practice in relation to the charging of an employer contribution in that
context, and revised arrangements are set out in Paragraph 3.
3. With effect from 1 January 2012 it will be no longer necessary to charge the employer contributions in
respect of secondments which are arranged to give effect to redeployment where both schemes are funded
or underwritten by the State. If one (or both) of the schemes is funded, the relevant organisations should
check the existing arrangements, if any, transfers of pension or reckonable service between the schemes.
If the issue cannot be resolved bilaterally, guidance should be sought from the pensions section in this
Department.
4. Please bring this letter to the attention of agencies and bodies under your Department and the staff of your
Department involved with those bodies.
Yours sincerely
Dermot Keane
Principal Officer
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2. Template for position to be filled by Redeployment
Details of Position to be filled by Redeployment
Title of Post
Salary Scale
Location of Post
Name of Organisation
Address of Organisation
Website of Organisation
Specific Qualifications required for the Post
Desirable Qualifications/Experience for the Post
Brief Job Description
Details of Organisation
Status (CS, NCSSB etc)
Main Functions
No. of Employees
Pay Frequency
Total in Grade Circulated
Pay Day
Normal Business Hours
Annual Leave
On Call, Late opening etc.
Flexitime
Shorter Working Year
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3. Template for the redeployment of staff on a secondment basis (indicative)
Dear (insert name),
I am writing to you on behalf of the (sending organisation) and the (receiving organisation) to inform you of
your appointment, on a secondment basis initially to the (receiving organisation). This secondment will
commence on (commencement date). It is intended that you will be permanently redeployed to the
(receiving organisation) and will become an employee of that organisation in due course. However, in order
that you can move to the (receiving organisation) straightaway, it has been agreed that you will be seconded
from the (sending organisation) pending the resolution of outstanding issues in relation to (insert details).
The secondment is expected to conclude by )insert date and at that stage the PAS will make arrangement
to have your assignment with the receiving organisation made definitive.
Location
You will be headquartered at the (HQ of receiving organisation) offices in (location). As part of this move
you will remain with the (receiving organisation) for a minimum of two years, after which the normal
arrangements for movement within the (receiving organisation) that prevail at that time will apply. Any
changes that may be proposed in relation to geographical deployment will take into account the relevant
provisions on staff deployment contained in the Public Service Agreements (PSA) 2010-2016.
Duties
In line with the measures in the PSAs committing to increased flexibility, you may, from the outset of your
secondment, be assigned to any duties currently performed by the Public Service grade of (name of grade)
in the (name of Organisation). The generic job description and competencies for the grade are enclosed.
More specific objectives and assignments will be agreed with your line manager.
You should endorse the minute, below, and return it to ------------, HR Section, (name of sending
organisation), prior to taking up duty with the (receiving organisation). We are enclosing a second copy of
this letter for your retention.
Reporting Relationships
In general during your secondment, you will report to the officer in your team that is directly senior to you,
unless specific arrangements to the contrary are in place in your team for operational reasons.
Terms and Conditions
During this period of secondment, you will remain an employee of the (sending organisation) and, as such,
you will retain your existing pay and superannuation for the secondment period. At the end of the
secondment it is intended that you will be fully integrated into (receiving organisation) in accordance with
the provisions of the Public Service Agreement which provides for appointment, on no less favourable terms
and conditions to basic pay, pensions and seniority. You will transfer to the payroll system of the receiving
organisation in due course.
Pension Related Deduction
This appointment is subject to the pension-related deduction in accordance with the Financial Emergency
Measures in the Public Interest Act 2009.
Hours of attendance
Hours of attendance will be fixed from time to time but will amount to not less than 37 hours (net) per
week. The position holder will be required to work a five-day week. The hours of attendance are normally
Monday to Thursday 9.00am to 5.45pm and 9.00am to 5.15pm on Friday.
20
Organisation of Working Time Act 1997
The terms of the Organisation of Working Time Act, 1997 will apply, where appropriate, to this
appointment.
Annual Leave
The annual leave allowance will be XX working days a year. This allowance (which is subject to the usual
conditions regarding the granting of annual leave) is on the basis of a five-day week and is exclusive of the
usual public holidays.
Health
A candidate for and any person holding the office must be fully competent and capable of undertaking the
duties attached to the office and be in a state of health such as would indicate a reasonable prospect of
ability to render regular and efficient service.
Sick Leave
Pay during properly certified sick absence, provided there is no evidence of permanent disability for
service, will apply on a pro-rata basis, in accordance with the provisions of the sick leave circulars.
If you are paying the Class A rate of PRSI, you will be required to sign a mandate authorising the Department
of Social Protection to pay any benefits due under the Social Welfare Acts direct to Revenue. Payment of
salary during illness will be subject to you making the necessary claims for social insurance benefit to the
Department of Social Protection within the required time limits.
Secrecy, Confidentiality and Standards of Behaviour: Official Secrecy and Integrity [for assignments to the
Civil Service]
You will be subject to the Provisions of the Official Secrets Act, 1963, as amended by the Freedom of
Information Acts 1997 and 2003. You will agree not to disclose to third parties any confidential information
either during or subsequent to the period of employment.
Civil Service Code of Standards and Behaviour
You will be subject to the Civil Service Code of Standards and Behaviour.
Ethics in Public Office Acts 1995 and 2001
The Ethics in Public Office Acts 1995 and 2001 will apply, where appropriate, to this employment.
Political Activity [for assignments to the Civil Service]
During the term of your secondment you will be subject to the rules governing civil servants and politics.
Outside Employment [for assignments to the Civil Service]
The position will be whole time and you may not engage in private practice or be connected with any
outside business, which conflicts in any way with his/her official duties, impairs performance or
compromises your integrity.
Grievance procedure
During the period of secondment, in the event of a grievance arising between you and the (insert name of
receiving organisation) management, the relevant (insert name of receiving organisation) grievance
21
procedure will apply. (Insert name of receiving organisation) management will work to resolve any such
grievance which may arise.
Yours sincerely,
------------------------------------------------------(insert name)
Personnel Officer
insert name of sending organisation
-----------------------------------------------(insert name)
Personnel Officer
insert name of receiving organisation
Form of Acceptance
I am prepared to transfer to the (insert name of Organisation) on the basis of the above minute.
Signed:_________________________
(insert name)
Date:_____________________
22