Sessional or casual workers not in scope to transfer to HMPPS (NPS)

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Most relevant to colleagues in CRCs, Parent and Supply Chain Organisations

If you are a sessional or casual worker not in scope to transfer to HMPPS (NPS)

The following FAQs are specifically for sessional workers who are not in scope to transfer to the Probation Service.

Will there be sessional work available to me within HMPPS (NPS) post June 26th? 

If there are opportunities for sessional work post transfer, we will contact you to advise you of this.  

Before we can contact you, your current employer will need to get your permission to share your contact details with us. These are currently being collated and provided to us.  

Sessional or casual workers in scope to transfer

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Most relevant to colleagues in CRCs, Parent and Supply Chain Organisations

If you are a Sessional or casual worker in scope to transfer

The following FAQs are some of the questions you might want answered if you are employed on a sessional or casual basis and you are in scope to transfer.

Upon transfer Regions will liaise directly with sessional staff regarding the opportunities for sessional work. 

You will receive a transfer letter prior to transfer confirming the particulars of your transfer to HMPPS (NPS), including the sessional rate you can claim.  

 If you are a sessional worker engaged directly via a CRC, you will be able to claim your current CRC sessional rates for 3 years (if higher than NPS rates, otherwise you will claim the NPS rate closest to your CRC rate).  

 If you are a sessional worker engaged via a parent organisation or supply chain, you will maintain your current sessional rates. 

 You will receive a transfer letter prior to transfer confirming the particulars of your transfer to HMPPS (NPS), including the sessional rate you can claim.  

After you transfer to HMPPS (NPS), claims for sessional work payments and sessional holiday pay claims are made manually by completion of a claims form submitted electronically to our payroll provider.  

The form you would need to complete and guidance on how you submit this can be accessed via the ‘Sessional Workers’ Pay’ page on the SSCL My Hub Website.  (This link will only work when accessed using MOJ technology). 

Yes, as a sessional worker you will be offered the ‘NEST’ pension scheme.

NEST is a workplace pension scheme which has been set up by the Government.

Yes, if there are sessional opportunities within your Region this will be an option for you.  

If there are opportunities for sessional work post transfer and you have a sessional role with a current provider in scope to transfer, then you can continue to do sessional work for HMPPS (NPS).   

Secondments

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If you are on a secondment

The following FAQs cover some questions you might want answered if you are seconded to a third party organisation or to the Probation Service through fair and open competiton.

My role is in scope to Transfer to HMPPS (NPS), however, I am on secondment to a third party which is not due to finish until after transfer date. Will this arrangement continue?

The expectation is that unless explicitly agreed with HMPPS (NPS), secondment agreements to third parties will cease upon transfer and you will transfer to HMPPS on your substantive grade and role. We are reviewing current data at a regional level.
Should Regional Probation Directors decide a secondment to a third party can continue we will liaise with your current employer and you will be notified

My role is in scope to Transfer to HMPPS (NPS), I obtained a role through fair & open competition for a business critical role ahead of transfer and have been on secondment within the NPS until transfer. Will the role I applied for via fair & competition be made permanent upon transfer?

You will be transferred over on your substantive CRC grade but will be immediately moved onto the grade and role you secured via fair and open competition. This will be arranged centrally, therefore you will not need to take any further action.

My role is in scope to Transfer to HMPPS (NPS), I obtained a secondment on a temporary basis into the NPS. Will this continue upon transfer?

You will be transferred over on your substantive CRC grade. We will review secondment arrangements made on a temporary basis at a regional level.

Regional Probation Directors will decide whether this agreement is required post transfer. If this is to be continued, Regions will discuss with you and will complete the necessary paperwork to reflect this agreement with payroll etc. 

Acting Up or Temp Promoted

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If you are Acting Up or Temporarily Promoted

These FAQs are some of the question you might want answered if you are currently acting up or temporarily promoted into a role that is not your substantive contracted role.

I am currently temporarily promoted/acting up within my organisation and both my substantive role and ‘acting up’ roles are in scope to transfer. Will I continue this arrangement upon transfer? 

You will be transferred over on your substantive CRC grade and not your ‘acting up’ grade. We will review acting up arrangements at a regional level.  

 Regional Probation Directors will decide whether this agreement is required to continue post transfer. If this is to be continued, regions will discuss with you and will complete the necessary paperwork to reflect this agreement with payroll etc. 

Dual Contracts

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Most relevant to colleagues in CRCs, Parent and Supply Chain Organisations

If you have Dual Contracts (more than one contract)

The below FAQs are some of the questions you may have if you are employed on more than one contract.

Where an individual has a secondary role in scope to transfer which mirrors their primary role (within the NPS) in all respects (meaning the same area of the organisation, pay band and role profile) and the only difference is a different location or business unit, we will merge contracts into one  contract to include the additional hours (currently undertaken within the transferring role). Your employee record will be amended to indicate a secondary workplace/dual location (if applicable). 

In this scenario you would retain only one employee record and have a singular pay arrangement covering both roles. 

Your transferring role will be linked to your current employee record to show:  

  1.  your current permanent primary NPS role  
  2. a secondary ‘assignment’ – your transferring role.

Individuals will be paid as per normal pay arrangements but will receive separate payments (and pay slips) for each role. 

Please see the information below about how this might affect you National Insurance, Tax and Pension.

Q – How will tax be calculated?

 A – Where an employee has two taxable employments, it is usual for the second employment to be taxed at basic rate under the emergency BR code, the reason being that otherwise if both employments were taxed as the sole employment the employee would receive their personal allowance twice and owe a significant amount of tax at the end of the tax year.

Q – How will National Insurance deductions be calculated?

Where your weekly income is above the threshold to pay National Insurance Contributions (NICs), the threshold is currently £184 per week for 2021/22 tax year, you will have to pay Class 1 NICs.

If your weekly earnings for both jobs is above the threshold, you will pay Class 1 NICs on both jobs.

Q – Will there be two separate pension schemes or will earnings from both salaries contribute to a single pension scheme?

A – Where there are two separate contracts of employment, there will be two separate pension memberships.

Employees may voluntarily opt out of the average aggregate 48 hours per week under the Working Time Regulations (WTR), however, HMPPS retain a duty of care for employees’ wellbeing.  

Where individuals do opt out, line managers are responsible for ensuring the health and safety of individuals in accordance with statutory obligations and nonetheless must monitor the hours that individuals work to ensure they remain fit and well enough to perform their duties and give due consideration to the individual’s general welfare and wellbeing.

Yes, if you have two differing roles/bands.

Please see the information below about how this might affect you National Insurance, Tax and Pension.

Q – How will tax be calculated?

 A – Where an employee has two taxable employments, it is usual for the second employment to be taxed at basic rate under the emergency BR code, the reason being that otherwise if both employments were taxed as the sole employment the employee would receive their personal allowance twice and owe a significant amount of tax at the end of the tax year.

Q – How will National Insurance deductions be calculated?

Where your weekly income is above the threshold to pay National Insurance Contributions (NICs), the threshold is currently £184 per week for 2021/22 tax year, you will have to pay Class 1 NICs.

If your weekly earnings for both jobs is above the threshold, you will pay Class 1 NICs on both jobs.

Q – Will there be two separate pension schemes or will earnings from both salaries contribute to a single pension scheme?

A – Where there are two separate contracts of employment, there will be two separate pension memberships.

 

Depending on your dual roles, you may be assigned two managers, appropriate to your area of work.  

Zero Hour Contracts

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If you are employed on a Zero Hours Contract in scope to transfer

The following FAQs are some of the questions you might want to have answered if you are currently employed on a zero hours contract.

I am currently on a Zero Hour Contract, will this arrangement continue post transfer? 

You will transfer to HMPPS (NPS) as a sessional worker and upon transfer we will engage directly with you to discuss your options. 

How will I be notified of my working arrangements/sessional opportunities post transfer? 

You will receive a transfer letter prior to transfer confirming the particulars of your transfer to HMPPS (NPS), including  the sessional rate you can claim. 

Upon transfer, Regions will liaise directly with staff regarding the opportunity for ad-hoc work. 

Will there be the opportunity to join a pension scheme? 

Yes, you will be given the opportunity to join a pension scheme (which scheme is dependent upon your employee status and we will discuss these options with you upon transfer).