There may be occasions when you need to change the type of contract a staff member is employed on.
There are several options you can consider.
Transferring staff from fixed-term to permanent contracts
A member of staff may initially start work on a fixed-term contract.
If the staff member agrees to accept a permanent role it is not necessary to issue a new contract.
You must complete the 'fixed-term extension/make permanent' form on IPSA Online and attach the 'fixed-term to permanent' letter to the form - see guidance.
Transferring staff from casual employment to a fixed-term or permanent contract
The relationship between an MP and a casual worker has a different status from that between the MP and other staff members.
If a casual worker is offered a role within an MP's office, they must be provided with a new employment contract (fixed-term or permanent).
If their job title changes, you must provide IPSA with a new job description.
Transferring staff from a fixed-term or permanent contract to casual employment
This is less likely but depends on personal circumstances that may suit both the individual and the MP.
Once agreed, a new casual contract must be completed, as terms and conditions will vary.
The MP may also wish to discuss this with Members' HR to ensure the best approach is taken.
Changing the job title of promoted staff
When the job title of a member of staff changes – either because they have applied to a vacancy within the office, or because they have been promoted to the next level of their pay bands – the office must complete a contractual variation letter and generate an updated job description.
Both forms must be signed by both parties and attached to the online contractual changes form.
Extending a fixed-term contract
A fixed-term contract may need to be extended.
If the staff member agrees to the extension it is not necessary to issue a new contract.
A fixed-term contract extension form should be completed outlining the changes.
Moving staff members to a home-based contract
Staff members can be moved to a home-based contract if needed, but it is important to bear in mind that home-based contracts are likely to be appropriate only for a minority of staff members who carry out all of their normal duties from home and are rarely expected to attend the office. Very often, this is more likely to be the case where there is a significant distance to the nearest office.
It is important that the most appropriate contract is selected to ensure compliance with tax rules and to avoid any unexpected tax liabilities. For example, a home-based worker may be eligible to claim travel payments but where these are regular they are likely to be a taxable benefit.
Occasional, part-time, or full-time homeworking can all be facilitated by the flexibility of hybrid contracts.
MPs who are considering home-based employment must seek advice from the House of Commons Members HR team to ensure they are following best practice.
Members’ HR has produced detailed guidance on homeworking and other flexible working arrangements.
For staff members to be moved onto a home-based contract, the MP should complete a contract variation letter to amend the existing employment contract. Please send a copy of the variation letter to payroll@theipsa.org.uk.
For new starters, the MP must select the 'home-based' option when using the MPs’ Staff new starter tool. The new contract can be submitted to IPSA with new starter paperwork as normal.
Any new home-based contracts/variation letters received by the normal payroll cut-off date (the 15th of each month) will be taken into account when setting up payment of the allowance with that month’s payroll.
If contracts/variation letters are received after the payroll cut-off date, the allowance will begin from the following month and, if relevant, backdated to the effective date of the change.