Dear [name of employee] and [name of appropriate person at company]

Secondment of [name of employee] to [name of company]

I am writing to confirm the arrangements that have been agreed between us in connection with the secondment of [name of employee] to [name of company] (company). 

1. EMPLOYMENT.  [name of employee] shall remain employed by [name of employer] (Employer) during the secondment and [name of employee]’s current terms of employment shall remain unchanged, except as set out in this letter. In particular, [name of employee]’s period of continuous employment will remain unbroken.  The Employer will conduct any appraisals and pay reviews in the usual way and will deal with any grievances or any concerns about [name of employee] conduct or performance. In all cases it will consult the Company prior to taking any action.  [At the end of the secondment, the Employer currently intends that [name of employee] will return to [his/her] current position on the terms applying prior to the secondment, or a suitable alternative if that role no longer exists. However, this may change according to the needs of the business at that time.] 
   
   
2. COMMENCEMENT/DURATION.   The secondment shall commence on [date] and shall continue until [date] or until the termination of [name of employee]’s employment in accordance with the terms of [his/her] contract if sooner.  [The Employer and the Company may terminate the secondment by giving four weeks’ written notice to the other parties.]
   
   
3. DUTIES. During the secondment [name of employee] shall:
   
   3.1 [act as [position] and carry out [details of duties]] or [carry out any work that is reasonably required of [him/her] by the Company in the course of its business consistent with [his/her] position];
   
   3.2 continue to report to, and be managed by, [name] at the Employer;
   
   3.3 report on day-to-day matters to [name] at the Company;
   
   3.4 work at the Company's premises at [address]or such other location as may be reasonably required from time to time;
   
   3.5 comply with the Company's [detail relevant procedures], copies of which are [attached] [available at [address]];
   
   3.6 obtain the prior approval of [name at the employer] in the usual way before taking any holiday and, [at the same time as seeking or on receiving] the Employer's approval, notify [name at the company] of the proposed dates of the holiday; and
   
   3.7 if absent from work at any time, notify both [name at company] and [name at employer] as soon as possible on the first day of absence.
   
   
4. EMPLOYEE STATUS. The relationship of [name of employee] to the Company will be that of independent contractor and not employee, worker, agent or partner of the Company.  The secondment constitutes a contract for the provision of services and not a contract of employment and the Employer will therefore be responsible for and indemnify the Company in respect of: 
   
   4.1 any income tax, National Insurance or other similar contributions or deductions arising from or connected with the secondment and also any reasonable costs, expenses or penalties that are incurred as a result of these liabilities unless they were caused by the Company’s negligence or wilful default;
   
   4.2 any liability for any employment or worker status related claim brought by [name of employee] against the Company in connection with the secondment unless the claim is as a result of any act or omission of the Company.
   
   
5. PAYMENT.
   
   5.1 The Employer shall continue to pay [name of employee]’s salary in the normal way and he/she shall continue to participate in [details of any benefits].
   
   5.2 [Any overtime claims arising during the secondment must be approved in writing by [name of employee at company] before being passed to the Employer for payment in the usual way.]
   
   5.3 Any expenses claims arising during [name of employee]’s secondment must be submitted to [name at company] in accordance with the Company's normal procedures, details of which are [state where they can be found].
   
   5.4 The Company shall refund all reasonable travel, accommodation or other expenses incurred by [name of employee] in providing the services provided that the Company’s applicable authorisation and claiming procedures have been followed.
   
   5.5 Subject to any pro rata adjustment for absence or leave and the addition of any approved overtime pursuant to clause 5.2 above, the Company shall pay the Employer £[amount] a [month] (inclusive of VAT) during the secondment for the provision of [name of employee]’s services.
   
   5.6 The Employer shall send the Company an invoice on or about the [date] of each month addressed to [name] and specifying the payment due in relation to the previous [month] [plus the value of any overtime pursuant to clause 5.2] and the amount of VAT due on the payment.  The Company shall pay the invoices [within [number of days] of receipt] or [by [date] of that [month] into [specify bank account].
   
   
6. DATA PROTECTION. [name of employee] consents to the Employer providing relevant personal information about [him/her] to the Company in connection with the secondment [and, in particular, to it providing [detail any sensitive personal data] to the Company to enable it to [details]].
   
   
7. CONFIDENTIALITY. [name of employee]’s contract currently requires [him/her] to keep the Employer's confidential information and trade and business secrets confidential. This is particularly important while [name of employee] is on secondment to the Company. [name of employee] will also respect the confidentiality of any similar information relating to the Company to which [he/she] has access during the secondment.
   
   
8. RESTRICTIVE COVENANTS – Consider the need for contractual restrictions on the parties after the secondment.  Examples would be preventing the Company from employing the Employee for a set period, preventing the Employee from soliciting business on behalf of the Employer from clients/customers of the Company or preventing the Employer from employing employees of the Company.  Such restrictions are only enforceable if the party relying on them can show that they are reasonable and necessary to protect its legitimate business interests. If needed, it is recommended that you take advice in order that this clause can be tailored to your specific needs.
   
   
9. LIABILITY. 
   
   9.1 The Company shall take out and maintain in full force with a reputable insurance company adequate insurance cover for any loss, injury or damage caused by or to [name of employee] during the secondment.
   
   9.2 [The Company agrees that the Employer is not responsible for the way in which [name of employee] provides the services and waives any claims that it may have against the Employer arising out of any act or omission of [name of employee] during the secondment.]  or 
   
   9.3 [The Employer shall [use its reasonable endeavours to] procure that [name of employee] shall provide the services with reasonable skill and care and indemnifies the Company against any loss, injury, damage or costs caused to the Company by any act or omission of [name of employee]].

Please sign the enclosed copy of this letter and return it to [name] by [date] to indicate your agreement to the terms in this letter.