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| Temporary Agency Workers |
Scope
Temporary agency workers are not employees of the Prison Service, neither are they fee paid sessional workers. They are supplied by an "agent" to do work for the Prison Service under a contract between the agent and the Prison Service following standard procurement arrangements.
It is a key principle of the filling vacancies policy that posts in the Prison Service will be filled substantively wherever possible. However, it is recognised that there will be occasions when the use of temporary workers will be appropriate. Other options for filling vacancies on a temporary basis include redeploying staff, Temporary Advancement,
casual or fixed term appointments.
To enable the management of staff reductions and the redeployment of surplus staff during the restructuring of Headquarters functions across the Home Office (including the Prison Service) the Home Office Departmental Reform procedures on the use of temporary workers must be considered. Wherever it is practicable to do so Governors should also apply the principles of the procedures when considering the use of temporary workers for administrative posts.
There is no scope for agency workers to apply for internally advertised vacancies as they are not Prison Service staff. The only way for them to become Prison Service staff is by going through an external recruitment competition.
Temporary agency workers cannot be used to cover operational duties at prison officer level or above. They can be used in any other grade up to and including Prison Service Senior Manager, including specialist areas, e.g. catering or nursing.
In determining whether it is appropriate to use agency workers, the following should be considered:
- the duration of the placement
- whether temporary advancement would be more appropriate
- whether a casual or fixed term appointment would be more appropriate
- whether operational duties are involved
- the urgency with which the post must be filled
- value for money
The use of agency workers should be reviewed on a regular basis to ensure the justification remains valid. It is recommended that agency workers should not be used for more than 11 months.
Using the National Contract for Temp Agency Workers
A Framework agreement with Approved Contractors has been set-up for the provision of agency workers in the following grades:
- Administrative Officer
- Administrative Assistant
- Secretary
- Typist
- Receptionist
- Telephonist
- Messenger
There is also some scope to obtain staff of other grades not listed above (for example Operational Support Grades, Catering staff, Executive Officer and Prison Service Manager paybands E, F and G). A price will need to be agreed separately when the request is made.
Use of the framework agreement is mandatory and a Key Steps guide for using the framework agreement is available to be tailored for local use as necessary.
A separate mandatory framework agreement is available for the provision of nursing workers. This contract is managed by Procurement Services in Corby who can be contacted on 01536 274682.
Procurement Rules
Those authorising the procurement for the supply of agency workers must do so in line with standard procurement rules and within their standard levels of delegated authority. Authority to procure agency workers outside of the National Contract must be in line with existing procurement authority.
When using temporary agency workers, there must be controls in place over the procurement and payment processes, with a clear audit trail to demonstrate compliance with procurement and finance requirements. Best practice guidance is available through normal procurement contacts and is detailed in PSO 7700 Procurement and Supplies Management.
Checks
Agency workers are subject to any necessary security clearance and checks: Racist Groups, Protection of Children, National Security and mandatory vocational Qualifications as appropriate.
Guidance on security clearance and checks is available from the Security Vetting Website.
In addition, there is a requirement to check with the agency to see whether proposed agency staff have worked for the Prison Service before. If so, enquiries must be made of that establishment or group to ensure performance was satisfactory and that there is no reason why the individual should not work for the Service again.
Agency workers are not managed through the Prison Service performance management system. However the principles of effective induction to ensure they are clear of their duties and what's required of them are still appropriate. In cases where agency workers do not meet the requirements set for the post, including conduct, performance and attendance, the supplying agency should be contacted immediately.
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