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| Sessional Workers |
Guidance & Good Practice For Appointment Of Sessional Workers
The appointment process is described in a sequential format. Governing Governors and Heads of Group are strongly recommended to follow this guidance so as to minimise the risk of not complying with relevant employment legislation and the possibility of litigation. Mandatory requirements, as summarised on the web page, are also incorporated for completeness and are shown in italics.
Where an individual provides work without payment the voluntary agreement should be confirmed in writing. Payment of travel or incidental expenses is unaffected.
Advertising
- Work or service requirements may be advertised if considered necessary in the press or specialist publications or in the case of sessional chaplains, through the specific local faith community (for Buddhist Chaplins, prisons should contact the Prison Service Faith Adviser in the first instance). It must be made clear that this is a sessional arrangement. Details of the work required may also be included in an information sheet to be made available to those expressing an interest.
- Whether advertised or not, the required qualifications, experience or other eligibility criteria should, from the outset, be made clear to those interested in undertaking the work or service.
- If there is uncertainty in determining eligibility for the work or if there is difficulty in attracting interest for a particular area of work or service, the relevant specialist group will be able to advise. Eligibility requirements for religious providers are shown in the Chaplaincy Handbook and on the Recruitment website - and apply equally whether employed or sessional.
Selection
- Relative competence and suitability for the work, particularly where there are a number of interested parties should be assessed. This should normally involve a relevant specialist.
- Sessional chaplains must receive the endorsement of Chaplaincy HQ or the relevant Religious Consultancy Service (RCS)/Faith Adviser as indicated in PSO 4550 - Religion
- The person chosen to carry out the work should be informed in writing but that commencement must be conditional upon satisfactory completion of any checks.
Pre-commencement checks
- It must be ascertained as to whether a Standard Identity Check or Enhanced Identity Check is required. It should also be ascertained as to whether the person provides work or services at any other prison establishment so that appropriate liaison on fee and administrative matters, including pre-commencement checks, may be initiated.
- All prospective fee paid sessional workers must satisfy other necessary checks: Criminal Convictions, Racists Groups, Protection of Children, National Security and vocational Qualifications (including those for pharmacists, doctors, dentists and nurses).
Guidance on security clearance and checks is available from the Security Vetting Website.
Offer of work
- On completion of all checks to the satisfaction of the Governing Governor an offer of work should be issued. The model offer of work letter must be used and this should not normally be amended or enhanced other than to reflect the particular work being offered.
Relevant documentation relating to the work or service, including any local information may also be sent with the offer of work. Appointment of sessional chaplains must be notified to the relevant endorsing authority (i.e. Chaplaincy HQ or relevant Religious Consultative Service (RCS)/Faith Adviser).
- The offer of work letter (see above) - should include the rate of fees to be paid. National rates are determined by Pay and Employment Relations Group (PERG) and are normally subject to annual review. Where someone not covered by PERG arrangements is appointed the Governor should determine the rate to be paid, consulting with PERG or relevant specialist units as necessary and reviewed as appropriate
- Where the terms of the offer of work need to be varied to meet changing work requirements this should be agreed with the current provider and a revised offer of work letter issued.
Payment procedures
- Income tax and national insurance must be deducted at source as required by the Inland Revenue and must normally be set up on the payroll system PSO 7500 - Finance.
- Governing Governors should make their own local arrangements for claiming of fees and/or travel expenses. However, as payments are auditable a suitable record and audit trail should be incorporated to verify attendance and payment.
- Where an individual provides work or services for more than one establishment a separate record of attendance should be maintained and where more than one establishment uses the worker, agreement reached over which will be responsible for processing payment.
- Some sessional chaplains may request that the fee is paid to their religious organisation rather than to them direct and this should be facilitated (but through the payroll after deduction of tax and national insurance).
Termination of services
- The offer of work letter should state that either party can terminate the arrangement and in normal circumstances as much advance warning as possible and is reasonable, normally 4 weeks, should be given.
- At the discretion of the Governing Governor, immediate termination may be appropriate where it can be shown there has been:
- a breach of security
- unacceptable or unprofessional conduct
- a serious shortfall in the required standard of work or service
- Where termination occurs a record of the circumstances, any discussions and agreed steps taken should be maintained. Staff disciplinary procedures must not be adopted.
- Where arrangements for work or services are terminated immediate steps must be taken to cease payment and ensure return of security passes, keys, documentation or property belonging to the establishment.
- For sessional chaplains the Chaplaincy HQ Team or relevant Religious Consultancy Services (RCS)/Faith Adviser - click here for details - must be consulted as appropriate where it is proposed to terminate but if this is immediate for reasons referred to above they must be informed of the date and reason for termination as soon as possible.
- Where, exceptionally, the RCS/Faith Adviser withdraws formal endorsement for a sessional chaplain the reasons must be set out in writing to the Governor, copied to the Chaplain General. If agreement on whether to terminate cannot be reached the Area Manager and/or Chaplaincy HQ should be consulted.
- Where it is proposed to terminate the contract of a service provider who is known to be working in another establishment, the other Governing Governor(s) concerned should be advised so that the individual's position may be further considered. If the reason for termination is for a breach of security or misconduct the other Governing Governor(s) may wish to consider whether the individual's position in their establishment is compromised.
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