SECONDMENT AGREEMENT FOREMPLOYEE NAME
THIS AGREEMENT dated [INSERT DATE] is made between:
1.The Chancellor, Masters and Scholars of the University of Oxford, whose administrative offices are at Wellington Square, Oxford, OX1 2JD (the “University”); and
2.[INSERT NAME OF EXTERNAL ORGANISATION](the “Host”); and
3.[INSERT EMPLOYEE NAME], of [DEPARTMENT], University of Oxford (the “Secondee”).
together, the “Parties”, separately, a “Party”.
RECITALS
(A)The Secondeeis employed by [DEPARTMENT] as [JOB TITLE] under the terms of a contract of employment dated [INSERT DATE] (as subsequently amended, if applicable) (the “Contract”).
(B)The Parties have agreed that the Secondee shall be seconded to the Host forX months.
(C)The University has agreed that the Secondee may be seconded to the Host for the period and the purpose set out in this Agreement, subject to the terms and conditions of this Agreement.
THE PROJECT
The University and the Host are carrying out a Marie Curie [enter type of project]project entitled [insert project title] (the “Project”).
THE SECONDMENT
1.The Secondeeshall be seconded to the Host for the period between [DATE] and [DATE] or such earlier termination date as may arise by operation of this Agreement for the purposes of the Project(the “Secondment”).
2.At the end of the Secondment the Secondeewill automatically return to the University unless an extension of this Agreement is agreed in writing between all three Parties.
3.At all times during the Secondment and any extension, the Secondee shall be and remain an employee of the University and, except as expressly set out in this Agreement, shall remain subject to the Contract and the EC Grant Agreement and any policies and procedures issued by University from time to time in respect of Secondee’semployment.
4.The Secondee will be expected to abide by all relevant standards, policies, codes of practice and regulations governing the conduct of the staff of the Host where applicable as if the Secondee were an employee of the Host including but not limited to the Host’s policies concerning health and safety, equal opportunities, standards of conduct, bullying and harassment, academic integrity, use of IT facilities, data protection, confidentiality, and conflicts of interest.
5.During the secondment the Secondee shall:
a)Continue to stay in contact with [INSERT NAME & JOB TITLE OF UNIVERSITY CONTACT],at the University (the “University Contact”), on a regular basis and, in particular, keep them informed of any issues that arise and any absences from work; and
b)Inform the University Contactif they have any issues or concerns about the Secondment or the work that they are doing, as soon as reasonably practicable.
6.The University will conduct any appraisals in the usual way and will deal with any grievances or any concerns about the Secondee’s conduct or performance in accordance with its policies and procedures. In all cases it will consult with the Host before taking any formal action.
7.The Host shall not, and shall not require the Secondee to do anything that shall, breach the Contract or the EC Grant Agreement and shall have no authority to vary the terms of the Contract or the EC Grant Agreement or make any representations to the Secondee in relation to the terms of the Contract or the EC Grant Agreement
8.The Host shall provide the University with such information and assistance as it may reasonably require to carry out its obligations as the Secondee's employer.
THE JOB
9.During the Secondment, the Secondee will work directly for the Host as [INSERT JOB TITLE], reporting to [INSERT NAME, JOB TITLE, DEPARTMENT], (“Host Contact”).
10.The Secondee shall:
a)carry out any tasksthat arereasonably requestedby the Host in conjunction with the agreed Secondment;
b)continue to report to and be managed by the University Contact;
c)report on day-to-day matters to the Host Contact; and
d)obtain the prior approval of the University Contact in the usual way before taking any holiday and at the same time as seeking or on receiving the University’s approval, notify the Host Contact of the proposed dates of the leave.
11.A programme of work has been agreed between the Parties and is attached at Appendix [1], and, where appropriate, a set of objectives/targets may be agreed with the Secondee at the outset of the Secondment.
12.During the Secondment the Secondee’s performance will be monitored by the University via the University Contact and if it should fall below an acceptable standard, the University reserves the right to terminate the Secondment with notice in accordance with clause 43 below.
13.The Host will use reasonable endeavours to ensure that the Secondee receives necessary training to enable [him/her] to undertake [his/her] duties at the Host and will be responsible for the cost of such training as set out in Appendix [2].
14.The Host agrees that the Secondee may be required to carry out duties for the University from time to time and will release the Secondee as and when requested by the University for this purpose.
LOCATION
15.During the Secondment, the Secondee will be based at the Host’s premises at [address], which will become [his/her]normal place of work for the duration of the Secondment only.
EQUIPMENT
16.TheHost will provide such equipment and tools to the Secondee as is reasonably required for [him/her]to be able to participate in the Project and undertake their programme of work.
PAYMENT
17.During the Secondment the Secondee will continue to be paid by the University at [his/her]normal rate of remuneration.Where applicable, [he/she]will remain in the relevant University pension scheme and service whilst on the Secondment will be treated in all respects as continuous service with University.
18.During the Secondment, the Host will allow the Secondee to use [the Host’s subsidised canteen/gym] as though [he/she] were an employee of the Host, subject to any normal conditions or requirements imposed by the Host upon its own employees.
19.The full cost of the Secondee’sremunerationand all directly related employers’ costs during the Secondment will be met by the Project.
EXPENSES
20.Necessary travelling and work expenses incurred by the Secondee wholly in the furtherance of the work for the Host during the Secondment will be reimbursed by the University subject to the University’s normal procedures and will be authorised by the University Contact using their normal current financial arrangements.
ADDITIONAL TERMS AND CONDITIONS
21.Any provisions in the Contract relating to sickness absence and payment for such absence will continue to apply and absences due to sickness or injury should therefore be notified to the Administrator of the Departmentin the normal way, as well as to the University Contact and Host Contact.
22.It will be the responsibility of the Host to ensure that the hours worked by the Secondeecomply with the Working Time Regulations 1998.
23.There may be occasions when the Secondeewill be required to attend meetings at the University or have telephone contact. These will be recognised as a necessary part of the Secondment, provided that the time incurred by the Secondee in attending such meetings or having such telephone contact is reasonable in the circumstances and does not adversely affect the work to be undertaken by the Secondeeduring the Secondment.
DISPUTES
24.The Host agrees to notify the University of any complaint or dispute (including without limitation any disciplinary or grievance matter and/or any breach of the University or the Host’s policies and procedures) arising in respect of the Secondee’s performance or conduct. Any such complaint or dispute arising under this clause shall be dealt with by the University in accordance with their policies and procedures and in so doing, the University shall consult the Host and will seek such input or assistance as is appropriate to the complaint or dispute prior to taking any formal action.
25.The Host shall not take any action against the Secondee in accordance with its own procedures in response to any complaint or dispute as set out above except with the prior Agreement of the University.
26.The Host will give such assistance and co-operation as is reasonably required by the University in connection with any appraisal, grievance, disciplinary or other performance management matter connected with the Secondee, whether during or after the Secondment.
27.If the Secondee has a grievance or any other complaint during the Secondment, the Secondee should raise this in the first instance with [the University Contact and the Host Contact].
INTELLECTUAL PROPERTY
28.The University’s policy on Intellectual Property, and the procedures for implementing that policy, which are promulgated from time to time by the University in its Statutes and Regulations shall apply to the Secondment. This clause follows the current policy, but the Statutes and Regulations contain additional material which is not reproduced in this Agreement. Details of the policy and procedures in force from time to time will be found in the Statutes and Regulations: the Secondee may obtain up to date copies on request from the Administrator. In the case of any conflict between this clause and the Statutes and Regulations (as amended from time to time), the latter will prevail.
29.Subject to (30) below and to the provisions of the Patents Act 1977, and unless otherwise agreed in writing between the parties, the University claims ownership of the following forms of intellectual property (including any such intellectual property created by the Secondee in the course of the Secondment):
(a)works generated by computer hardware or software owned or operated by the University;
(b)films, videos, photographs, multi-media works, typographical arrangements, field and laboratory notebooks, and other works created with the aid of University facilities;
(c)patentable and non-patentable inventions;
(d)registered and unregistered designs, plant varieties, and topographies;
(e)University-commissioned works not within (a), (b), (c), or (d);
(f)databases, computer software, firmware, courseware, and related material not within (a), (b), (c), (d) or (e), but only if they may reasonably be considered to possess commercial potential; and
(g)know-how and information associated with the above.
30.Notwithstanding (29) above, the University will not assert any claim to the ownership of copyright: in artistic works not listed in (29)(b) above, books, articles, plays, lyrics, scores, or lectures, apart from those specifically commissioned by the University; in audio or visual aids to the giving of lectures; or in computer-related works other than those specified in (29) above.
31.‘Commissioned works’ for the purpose of (29) and (30) above are works which the University has specifically employed or requested the Secondee to produce, whether in return for special payment or not. However, save as may be separately agreed between the Secondeeand the University Press, works commissioned by the University Press in the course of its publishing business shall not be regarded as ‘commissioned works’ for the purpose of (29) and (30) above.
32.The Secondeeagrees to sign any necessary documents in order to give effect to the claims made by the University in its statutes on intellectual property and set out at (29) above.If any moral right under the Copyright, Designs and Patents Act 1988 arises in respect of any materials specified in (29) above theSecondee shall:
a)waive the right as against the University, the Host and their employees; and
b)exercise the right against any third party only as the University requests and in accordance with the University’s directions.
33.Whenever the Secondee participates or is engaged in research work within the University being research work which is funded in whole or in part by an outside body on terms that any intellectual property devised, made or created in the course of such work shall be patented, dealt with or otherwise used or exploited in such manner as the outside body may direct, any such intellectual property shall be subject to the terms of the agreement with the outside body and the Secondee is required to comply with all obligations (including those of confidentiality) imposed by that agreement.
CONFIDENTIALITY
34.In this Agreement "Confidential Information" means all confidential information [Consider defining confidential information] and trade secrets(whether belonging to a party to this Agreement or not) disclosed (whether in writing, orally or by another means and whether directly or indirectly) by one party to this Agreement ("the Disclosing Party") to another party to this Agreement ("the Receiving Party") whether before or after the date of this Agreement including but not limited to reports and financial statements, information relating to the Disclosing Party's products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets, market opportunities and business,academic or research affairs.
35.During the term of this Agreement and after termination or expiry of this Agreement for any reason the Receiving Party shall:
(a)not use Confidential Information for a purpose other than the performance of this Agreement;
(b)only disclose Confidential Information to the extent necessary to those of its employees or students to whom disclosure is reasonably necessary for the performance of this Agreement;
(c)not disclose Confidential Information to any third party except as reasonably necessary for the performance of this Agreement and subject to the prior written consent of the Disclosing Party;
(d)use reasonable endeavours to prevent the use or disclosure of Confidential Information other than in accordance with this clause 35; and
(e)inform the Disclosing Party immediately on becoming aware, or suspecting, that an unauthorised person has become aware of any Confidential Information
and the Receiving Party will ensure that all parties to whom Confidential Information is disclosed in accordance with clauses 35(b) and 35(c) are made aware of and comply with its obligations of confidentiality under this Agreement, and will be responsible for the fulfilment of such obligations by such parties.
36.Clauses34and 35shall not apply to Confidential Information which:
(a)is in or comes into the public domain (unless it is in the public domain due to the Receiving Party being in breach of any obligation of confidentiality);
(b)the Receiving Party receives without restrictions on disclosure from a third party in circumstances where the Receiving Party has no reason to believe that there has been a breach of an obligation of confidentiality owed to the Disclosing Party;
(c)the Receiving Party can show was already known to it (or had been independently generated by it) prior to its receipt or disclosure;
(d)is approved for release in writing by an authorised representative of the Disclosing Party; or
(e)the Receiving Party is required to disclose by law or regulation or by order of a competent authority (including any regulatory or governmental body); provided that, where practicable, the Disclosing Party is given reasonable advance notice of the intended disclosure and provided that the relaxation of the obligation of confidentiality shall only last for as long as necessary to comply with the relevant law, regulation or order and shall apply solely for the purposes of such compliance.
37.If eitherthe University or the Host receives a request under the Freedom of Information Act 2000 to disclose any Confidential Information, it will notify and consult the relevant party or parties. The relevant party or parties will respond within seven (7) working days after receiving notice if the notice requests assistance in determining whether or not an exemption in that Act applies.
DATA PROTECTION
38.The Secondee confirms that by signing this Agreement the Secondee has consented to the Host processing data relating to the Secondee for any purposes relating to the Secondment including legal, personnel, administrative and management purposes and in particular to the processing of any "sensitive personal data" (as defined in the Data Protection Act 1998) relating to the Secondee including, as appropriate:
(a)information about the Secondee's physical or mental health or condition in order to monitor sick leave and take decisions as to the Secondee's fitness for work;
(b)the Secondee's racial or ethnic origin or religious or similar beliefs in order to monitor compliance with the equal opportunities legislation;
(c)information relating to any criminal proceedings in which the Secondee has, or is alleged to have, been involved for insurance purposes and to comply with legal requirements and obligations to third parties.
39.The Secondee confirms that by signing this Agreement the Secondee has consented to the Host making such information available to those who provide products or services to the Host (such as advisers and insurers), regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of the Host or any part of its business.
40.The Secondee confirms that by signing this Agreement the Secondee has consented to the Host transferring such information to the Host's business contacts outside the European Economic Area in order to further its business interests.
41.The Secondeeconfirms that by signing this Agreement the Secondee has consented to the University providing relevant information about the Secondee to the Host as may reasonably be required for any purpose connected with the Secondment.
TERMINATION
42.The Secondment may be terminated at any time by the University or the Host giving [three months’] notice in writing to the other and to the Secondee. The Secondee shall have no right to terminate the Secondment.
43.Either the Host or the University may terminate this Agreement immediately by serving written notice having immediate effect on the other Parties if in the terminating Party’s reasonable opinion, the Secondee has committed a disciplinary offence that would justify dismissal; or
44.If the Secondee’s employment with the University is terminated for any reason, this Agreement shall automatically terminate on the effective date of termination of the Secondees’s employment.
45.If the University or the Host commits a material breach of this Agreement, and the breach is not remedied (where remediable) within the period allowed by notice given by the other Party in writing calling on the Party in breach to effect such remedy (such period being not less than thirty days), the other Party may by further written notice terminate this Agreement with immediate effect.