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Externally provided workforce
How managers should compliantly engage with agency workers, interims, self-employed consultants or contractors (the ‘Externally Provided Workforce’, EPW).
During the engagement
Managers must:
- induct the externally provided workforce (EPW) into the workplace using the induction toolkit in the same way as an employee
- ensure the EPW completes the Information Security training (ideally this should be completed in advance of the person starting but must be done in the first week)
- ensure the EPW is made aware of key council policies and procedures and arrangements to notify managers when on holidays or off sick. Timesheets should not be authorised for payment when off sick or on holiday (the agency pays this).
- manage the day to day work of the EPW. Monitor performance and inform the provider of any issues.
- check and authorise the EPW’s timesheets and send to the agency (Randstad Electronic Portal) –. please ensure that during periods of absence, authorisation is delegated to the next appropriate manager
- E-proc will match invoices against a valid purchase order. For Ranstad all invoices are auto-receipted and any anomalies will be highlighted to the manager for clarification / approval. Invoices for ‘off contract’ suppliers will be sent to hiring managers to authorise
Agency Worker Regulations
Agency Worker Regulations (AWR2010) provide statutory protection for agency workers which are similar in some respects to those applying to an employee. Randstad will monitor these elements and ensure appropriate application. For other engagements the manager is responsible for ensuring these provisions are applied.
The key elements applicable to the council are from day one they are entitled to see and apply for internally advertised roles.
After 12 weeks with the council they are entitled to:
- annual leave (this should be included in the hourly rate)
- paid time off for ante-natal appointments
- car allowance (if applicable)
- sessional allowances (if applicable)
A breach of these Regulations could lead to a fine of £5,000.
Timesheets and invoices
The manager must authorise the workers timesheet and/or mileage on a weekly basis. Mileage must be in accordance with the council mileage policy including the deduction of home to work mileage.
For Randstad this will be done electronically through their portal.
For other providers the manager must send the timesheet to the provider.
Randstad invoice the council weekly. If this matches a valid purchase order the invoice will be paid and show in Budget Manager.
Termination of the engagement
During the engagement the manager should regularly review the need for the engagement. If circumstances change and the need for the engagement ceases prior to its official end, the manager should follow the termination process below. If an extension is required then the manager should obtain approval through the business case process.
For any performance issues, please approach them informally in the first instance. Should the performance matters not improve or resolve, then further more formal action may need to be taken. This could include ending the assignment without notice.
For instances of gross misconduct formal action may need to be taken. This could include ending the assignment immediately.
They will then need to update iTrent by notifying the HR Admin team through the portal attaching a new authorised business case.
If the engagement is to be extended or if there are any changes to the engagement, go through the Service Catalog - People Management Portal (service-now.com).
If the engagement is to end then the manager must:
- complete an external workers termination form on the HR Admin team Portal
- inform the agency
The HR Admin team will then make the necessary changes to iTrent and close the purchase order once the last invoice has been received.
Where an agency worker is filling a role that can be undertaken by a council employee whose role is at risk, the contract with the EPW worker must be terminated to allow the employee to take up the role.