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| Sessional Workers |
Scope
Most workers in the Prison Service are employed on a contract of employment. However, there are circumstances where a contract of employment is not appropriate but there is still a need to have in place arrangements for the provision of services.
Definition
A sessional worker is defined as a person not employed under a contract of employment who is paid for undertaking work or providing a service on the basis of an agreed range of hours to be worked within a specified period or on an ad hoc arrangement to meet varying need.
Sessional workers are not subject to conditions applicable to an employee. Key characteristics of a sessional arrangement are therefore that it:
- imposes no obligation on the Service to offer work or on the individual to accept work offered.
- is not subject to normal line management responsibilities, including performance management procedures, staff discipline arrangements or sick absence/attendance policy.
- allows the individual to work or provide services for other employers and to send a substitute if they wish (subject to meeting any necessary checks).
Appointment and working arrangements for sessional workers are distinct from those working under a contract of employment. Key legislation in this area is in:
Sessional arrangements do not apply to an individual providing work on a voluntary basis. In these circumstances an employer/employee relationship is also inappropriate and should be avoided.
Determining when sessional status is appropriate
Sessional workers commonly provide specialist or professional work or services where an employment contract is not appropriate. In particular, it is often appropriate for some healthcare and religious services to be covered on a sessional basis. Additionally, a wide range of work has traditionally been delivered in this way where it falls outside of mainstream administrative and operational functions and where no Prison Service specialist structure exists.
Care should be taken before entering in to a new sessional arrangement to ensure that it is the right arrangement for the services required in the light of relevant employment legislation. In all cases, the available flowchart and checklist and guidance should be used to help determine whether a sessional arrangement or contract of employment is appropriate.
Use of the guidance should in most circumstances provide a clear indication of the appropriate working arrangement to adopt. Where employment status or applicability of Working Time Regulations remains unclear advice should be sought, in the first instance, through Area Personnel Advisors or HQ Delivery Partners as appropriate.
Key principles and responsibilities
Governing Governors and Heads of Group/Area Managers have authority to determine whether work should be provided under a contract of employment or a sessional basis taking into account the extent of management control and individual commitment required, consulting with the relevant specialist unit as necessary.
The following key mandatory actions apply to appointment of all sessional workers:
- Satisfactory completion of necessary checks: Standard Identity, Enhanced Identity, Criminal Convictions, Racists Groups, Protection of Children, National Security (and related nationality requirements) and vocational Qualifications (including professional registration checks for pharmacists, doctors, dentists and nurses). Guidance on security clearance and checks is available from the Security Vetting Website.
- The model offer of work letter must be used
- Income tax and national insurance must be deducted through the payroll - PSO 7500.
In addition to the above, specific requirements also apply in respect of sessional chaplains - PSO 4550 - Religion:
- Sessional chaplains must receive the endorsement of the Chaplaincy Headquarters Team or the relevant Religious Consultative Services (RCS)/Faith Adviser
- Appointment of sessional chaplains must be notified to Chaplaincy HQ or RGS/Faith Adviser
- Consultation with Chaplaincy HQ or RCS/Faith Adviser where termination is being proposed or has occurred
- The RCS/Faith Adviser advises the governing Governor or Head of Group/Area Manager and Chaplain General in writing where it wishes to withdraw endorsement, setting out the reasons.
Click here for more detailed process guidance (incorporating mandatory actions above) covering advertising, selection, payment and termination for all sessional workers. It is strongly recommended that this is followed in order to minimise potential for non-compliance with employment legislation.
Monitoring
Governing Governors and Heads of Group/Area Managers should monitor adherence to the terms of a sessional appointment, compliance with statutory requirements and whether work should be provided on a sessional or employment contract. Care should be taken to ensure that sessional workers, once engaged, do not subsequently become subject to any elements of a contract of employment.
Advice and guidance should be sought from relevant specialists in HQ if required. In some cases (notably for the Chaplaincy) there is a procedural requirement to liaise with the HQ specialist.
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