GUIDELINES FOR DETERMINING THE EMPLOYER. The aim of these guidelines is to ensure that the terms of the Section 113 agreement are met by the Parties and that both organisations work together to jointly assess future appointments and arrive at decisions which promote the effective delivery of integrated services whilst safeguarding their individual interests and governance requirements. The guidelines cover the decision making process for determining whether the Council or the CCG shall be the employer in circumstances when new posts are created, reorganisations occur or there is a need to replace staff within the Joint Management Team. The guidelines supplement, but do not replace the Policies and Procedures of the Parties and in no way affect their statutory obligations or the terms and conditions of staff of the CCG and the Council.
GUIDELINES FOR DETERMINING THE EMPLOYER. The aim of these guidelines is to ensure that the terms of the Section 113 agreement are met by the Parties and that both organisations work together to jointly assess future appointments and arrive at decisions which promote the effective delivery of integrated services whilst safeguarding their individual interests and governance requirements. The guidelines cover the decision making process for determining whether the Council or the CCG shall be the employer in circumstances when new posts are created, reorganisations occur or there is a need to replace staff within the Joint Management Team. The guidelines supplement, but do not replace the Policies and Procedures of the Parties and in no way affect their statutory obligations or the terms and conditions of staff of the CCG and the Council. GUIDING PRINCIPLES In so far as is possible the Parties will aim to take decisions that: ▪ Minimise any adverse impact on staff arising from reorganisations. ▪ Minimise the complexity associated with managing staff from 2 employing organisations. ▪ Enable productive, harmonious and effective working relationships to develop within integrated teams. ▪ Involve discussion with the Trade Unions / Staff representative bodies as appropriate. In all cases, whether for new posts, reorganisations or replacements both parties agree that the terms of the employing organisation will prevail and the integrity of the terms and conditions of employment will be upheld. No individual shall be subject to a hybrid set of terms and conditions. Where internal reorganisations take place that are caused due to the joint arrangements, posts will be ring fenced to those within the departments/teams affected. NEW POSTS For new posts with a joint working role, plans should be documented as a proposal and submitted to the other Party for approval. The proposal should contain information on the rationale behind the creation of the post; the job description and person spec for the role; the suggested terms and conditions of the post; the proposed division of funding and a reasoned proposal as to which organisation should 'host' and recruit to the post. The proposal will need to be agreed by both Parties. The following considerations should be taken into account in determining the employing Party: · Where the job has a requirement for an occupational qualification or has a statutory obligation to provide certain roles specific to either the CCG or Council, then that should determine the employing...
