Relief workers
Service areas directly engage with relief workers. We maintain a register of relief workers. They are available to be called upon when a short-term need arises.
Relief workers are engaged to work:
- on an as and when required basis
- on an irregular basis
- where we, and the individual, are genuinely not obliged to offer and accept work respectively
- where there is no intention of continual employment
We engage relief workers via a recruitment process where:
- they must satisfy all recruitment and vetting checks
- there is no offer of continual work
- they are not entitled to a contract of employment
- they are not employees
If a working arrangement becomes regular or ongoing, the employment relationship would likely change. In this case, a relief worker may be entitled to become an employee with full employment rights. Managers will take advice from HR if this situation arises.
Relief to employee
All relief workers can access information on Council vacancies via our job site, and can submit an application for any roles advertised externally.
It may also be beneficial for the organisation to review the interest in either fixed term or permanent employment from relief workers when a vacancy arises. This enables the organisation to utilise the skills and knowledge developed and provide employment and the associated benefits to those who are interested.
Where a relief worker has been undertaking a role in the organisation that is deemed to be a vacancy through the usual approval process, it may be possible to offer this worker the position on a fixed term, temporary or permanent basis.
In line with the redeployment policy, any employees on the 'at risk' register will have prior consideration. We will also undertake an assessment to ensure no other employees would be disadvantaged should a direct offer be made.
If there are no such permanent employees, we may offer the worker a fixed term or permanent contract when:
- they have worked ‘regularly’ as a relief worker with LCC in this role, or for sufficient time to enable managers to assess suitability through observations and supervisions
- they were subject to an appropriate recruitment process for that specific post on enrolment as a relief worker
Where more than one employee meets these criteria, a shortened recruitment process of expressions of interest followed by a selection process will be followed. This employment will also be subject to the successful completion of a probation period as required.
Off-payroll workers – contractor, consultant or interim
If a manager is unable to source an agency or relief worker through the corporate agency contracts, they may go 'off-contract'. This means they will source the need elsewhere through an alternative off-payroll working arrangement. It may mean engaging a contractor, consultant or interim worker on a contract for the provision of consultancy services. Appointment of these will go through the normal resource approval process, to ensure the position is approved and budget allocated.
Following approval the manager must contact the Commercial Team Infrastructure (CTInfrastructure@lincolnshire.gov.uk) to discuss their requirements and obtain appropriate advice.
Part of this process involves the manager determining whether or not off payroll working rules (IR35) applies to a worker by completing the HMRC Check for Employment Status Test (CEST) tool. This is to help determine a worker's employment status for tax purposes.
If the worker is inside of IR35 (off-payroll working rules do apply) we are responsible for the tax and National Insurance deductions as if they were an employee, or if outside of IR35 (off-payroll working rules do not apply) the worker is responsible for this themselves.
The hiring manager will carry out this assessment in all cases. A copy will be saved with the individual's name and emailed to corporatehradminsupp@lincolnshire.gov.uk.
The hiring manager must keep this record regardless of whether the assessment indicates the assignment is inside or outside IR35.