Employee Secondment Agreement Template for England and Wales

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Key Requirements PROMPT example:

Employee Secondment Agreement

I need an Employee Secondment Agreement for transferring a senior software developer from our London office to our partner company in Manchester for a 6-month project starting March 2025, with specific provisions for intellectual property rights and remote working arrangements.

Document background
The Employee Secondment Agreement is used when organizations wish to temporarily transfer an employee to another company while maintaining the original employment relationship. Common in England and Wales, this agreement is essential for defining the tripartite relationship between the original employer, host company, and secondee. It covers crucial aspects such as duration, duties, reporting lines, compensation, benefits, and termination provisions. The agreement ensures compliance with UK employment law while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identifies the original employer, host employer, and employee

2. Background: Context of the secondment arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Term and Duration: Length of secondment and any extension provisions

5. Duties and Responsibilities: Scope of work during secondment

6. Employment Status: Confirmation of continued employment with original employer

7. Remuneration and Benefits: Payment arrangements and benefit continuity

8. Management and Control: Reporting lines and day-to-day management

9. Confidentiality: Protection of sensitive information

10. Termination: Circumstances and process for ending secondment

Optional Sections

1. International Provisions: Required for overseas secondments - includes visa requirements, tax implications, and local law compliance

2. Intellectual Property: Ownership and protection of IP created during secondment - particularly relevant for technical or creative roles

3. Expenses: Treatment of business expenses and reimbursement procedures - relevant when significant expenses are expected

4. Training Requirements: Specific training needs and obligations for the host role - important when specialized training is needed

Suggested Schedules

1. Schedule 1 - Secondment Services: Detailed description of duties and responsibilities during the secondment

2. Schedule 2 - Remuneration Details: Breakdown of salary, benefits, and payment arrangements between parties

3. Schedule 3 - Host Company Policies: Key policies of the host company applicable during secondment

4. Appendix A - Contact Details: Key contact information for all parties involved in the secondment

5. Appendix B - Required Qualifications: Specific qualifications or certifications needed for the secondment role

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Employment Rights Act 1996: Core employment legislation covering basic employment rights, continuity of employment, and protection of terms and conditions during secondment

TUPE Regulations 2006: Transfer of Undertakings regulations that, while not typically triggered by secondment, need consideration to ensure the arrangement isn't deemed a business transfer

Equality Act 2010: Legislation ensuring protection against discrimination and equal treatment of seconded employees

Working Time Regulations 1998: Regulations governing working hours, rest periods, and holiday entitlements that must be maintained during secondment

Health and Safety at Work Act 1974: Legislation defining duty of care responsibilities and health and safety obligations between host and original employer

Data Protection Act 2018 and UK GDPR: Laws governing the handling of employee personal data and data sharing arrangements between host and original employer

National Minimum Wage Act 1998: Legislation ensuring compliance with minimum wage requirements during secondment

Income Tax (Earnings and Pensions) Act 2003: Tax legislation covering implications of secondment and tax residence considerations, particularly for international secondments

Social Security Contributions and Benefits Act 1992: Legislation governing National Insurance Contributions obligations and benefits considerations during secondment

Agency Workers Regulations 2010: Regulations that, while typically not applicable to secondments, need consideration to ensure proper categorization of the arrangement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Employee Secondment Agreement

A legal agreement under English and Welsh law governing the temporary transfer of an employee to a host organization while maintaining their original employment relationship.

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