Colony Capital undertakes and shall use reasonable efforts to ensure that the Executive shall undertake to return to Colony Financial or any of its subsidiaries upon request from any or all of them and upon termination of this Agreement all materials, whether documentary or otherwise, together with copies thereof containing Confidential Information and not to take further copies of any of the above mentioned documents or materials after termination of this Agreement.
Section 8. Colony Financial Indemnification of Colony Capital. Section 9. Termination of Secondment Agreement. Section The terms and provisions of this Agreement are intended solely for the benefit of each Party hereto, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other person.
Neither this Agreement nor any right, interest or obligation hereunder may be assigned by any Party hereto without the prior written consent of the other Party. In the event that any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
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I'll be back for more contract work in the future, as the lawyers they've vetted for these services are top tier. Resource Guides. Most Recent Questions. Below we look at what a secondment agreement is, what it should include to be effective and its role in the wider secondment process. These are known as internal or external secondments respectively. The use of internal secondments can be a useful way to meet short-term staffing needs, such as maternity cover, whilst external secondments can help to develop good business relationships with other organisations whilst enabling employees to gain new skills and experience that can benefit the business on their return.
In short, secondments can enhance both service delivery and staff development without losing a valued employee. On expiry of the secondment term, the seconded employee will usually return to their original employer. That said, before embarking on the use of secondments, employers should be clear about the aims and objectives behind this type of arrangement and how these are to be achieved.
In particular, both the employer and, where relevant, any host organisation, will need to ensure they carefully match the right people to the right opportunities.
Even in cases where there is contractual provision for the employee to undertake a secondment, either in the form of a flexibility or mobility clause , the employer must act reasonably in enforcing the terms of any such clause having regard to the nature of the secondment and the personal circumstances of the employee. As such, the releasing employer should consult with any affected employee and obtain their consent for a secondment to go ahead. They otherwise risk a claim for breach of contract, or even constructive dismissal where an employee feels forced to resign as a consequence.
Indeed, a key element of any secondment is that the employee is ordinarily expected to return to their previous post when the secondment ends. However, where an employee is being seconded to a different employer or host organisation, prior to commencement of the secondment an agreement should be put in place between the parties to avoid confusion as to where certain responsibilities lie and other concerns such as who the seconded employee should report to.
It is not uncommon for complications to arise, particularly where the employee is seconded to a completely different employer. Here the secondment essentially amounts to a three-way arrangement between the employee, the releasing employer and the host organisation. There is the potential for issues to arise in relation to managing work, managing the seconded employee and protecting the interests of all involved.
As may be expected, just as no two secondment arrangements will be the same, there is no one-size-fits-all secondment agreement. Each agreement should be tailored to the specific secondment, the employee and organisations involved, as well as the circumstances surrounding the secondment in question and any specific business needs at the relevant time. Under an external secondment agreement, it is usually the intention of the parties that the seconded employee will undertake full-time duties for the host organisation and, as such, will not report on a day-to-day basis to the releasing employer during the period of secondment.
However, because the contract of employment that the original employer has with the seconded employee continues in force for the period of secondment, continuity of employment will still be preserved for the purposes of calculating any service-related entitlements and statutory employment protection rights.
The clock will also continue to run for any contractual service-related benefits, such as a seniority-based salary increase or other benefits. In rare cases, the original employment relationship will be deemed to transfer over to the new employer or host organisation, possibly where the releasing employer has surrendered all control over the seconded employee.
It is therefore important, for all parties involved, that the secondment agreement makes it clear that the original employer retains control over the employment relationship at all times.
Further, any practical arrangements to be implemented on a day-to-day basis during the period of secondment should also reflect this. In relation to disciplinary action, clear provision should be made within the secondment agreement as to how this should be dealt with. Typically, the releasing employer should retain direct control over any disciplinary proceedings or action, with the host employer or organisation providing input. As previously indicated, careful consideration should always be given by both the releasing employer and host organisation as to matching the right people to the right opportunities.
It would be considered unfair to discipline or dismiss an employee for any failure on their part not to satisfactorily perform duties that they are neither sufficiently qualified nor experienced to undertake. Moreover, this could easily lead to a complaint of unfair dismissal before the employment tribunal. This means the employer has to meet the relevant redundancy consultation requirements and should offer the employee any available alternative roles.
In relation to sickness and holiday leave during a period of secondment, although this is subject to agreement between the parties, the seconded employee would normally be entitled to no less favourable terms than those enjoyed with the releasing employer.
This means that if the contract of employment provides for a greater length of paid annual leave than that to which an employee is statutorily entitled, or they originally benefitted from an occupational health scheme that provided them with the right to contractual sick pay, then the seconded employee should continue to benefit from these enhanced rights.
The question of who will be responsible for paying the seconded employee is again a matter for agreement between the parties to the secondment.
The host organisation will also usually agree to reimburse the seconded employee reasonable expenses incurred in the performance of their duties during the period of secondment, as well as for any additional hours incurred in performance of the agreed duties during this period.
The length of time that the secondment is to last should be agreed from the outset and set out within the terms of the secondment agreement. In particular, it should be decided whether the arrangement is to be for longer than 23 months, and as such would qualify as a fixed term. In circumstances where it is decided that a notice period should be given in order to terminate a fixed term secondment, this length of notice should also be established prior to commencement of the secondment.
The use of a secondment agreement will be vital in determining, and proving, the nature and extent of responsibilities between the parties. It will also provide the seconded employee with a clear basis upon which to decide whether or not to proceed with any secondment and how this will affect their working lives and entitlements.
For further information and guidance on how to safeguard your business when setting up a secondment arrangement, speak to our employment law experts for advice. Ordinarily secondments are short term with a period specified in the secondment agreement. If the secondment is to be for a period of longer than two years, the arrangement would be considered a fixed term contract. A PD02 will also act to trigger this reassignment to Trent. A detachment is a three-part order.
No detachment agreement is required for an internal detachment. It must be issued to the Member before the detachment begins. External detachment agreements can be more complex and, therefore, managers should seek the advice of their local life change manager.
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