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House of Lords Staff Handbook Seventeenth Edition


CHAPTER 2: APPOINTMENT

2.1. New staff receive a letter of appointment. Shortly after, they receive written particulars of their employment such as details of their status, pay, annual leave and a summary of their general conditions of service.

2.2. The status of a new entrant's appointment will fall into one of the following categories:
(1)Full time permanent The person appointed has satisfied the requirements as regards qualifications, experience, health, character etc. A period of probation is required at the outset.
(2)ConditionalAppointment where there remains a doubt as to whether conditions necessary for a full time permanent appointment are satisfied.
(3)Fixed term/ contracts The duration of the work is limited to a specific period (usually exceeding six months) or there are exceptional reasons for appointing someone to a continuing post for a limited period (e.g. where there are no career possibilities). Rolling contracts (three years) may also be offered in these latter cases.
(4)CasualNon-pensionable appointment on a daily, weekly or monthly basis, normally not exceeding one year.
(5)Part-timeAny appointment requiring attendance for less than the normal hours. Appointments entailing attendance of 15 hours or more a week are subject to the conditions of appointments (1) to (4) above as appropriate.

2.3. A person holding a period or casual appointment cannot expect the appointment to be extended of right beyond the period originally agreed.

Immigration (Restriction on Employment) Order 2004

2.3a Staff from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia are required to register with the Home Office within 30 days of commencing employment. Full details are provided in your letter of appointment.

Induction courses

2.4. Induction courses are arranged by the Human Resources Office for all new staff other than staff in the catering grades. Staff in the catering grades in the Refreshment Department attend induction training within the Refreshment Department. In addition to information about the House and the work of its various offices, these induction courses cover important issues including equal opportunities and diversity, health and safety at work and fire safety. Attendance is therefore compulsory.

Probation

2.5. Staff must normally serve a probation period of nine months. Appointments may, however, be terminated before the probationary period is completed. New entrants will be informed in their letter of appointment of the particular probationary conditions which apply to them, and staff will be notified at the end of their probationary period whether or not it is regarded as having been satisfactory.

THE PURPOSE OF PROBATION

2.6. The purpose of a period of probation is to provide a time during which a member of staff can show by his or her performance that he or she is suitable for the appointment and that their attendance is such that they can be relied upon to perform to the required standard. During probation, performance will be carefully monitored, any shortcomings will be pointed out, and the probationer will be given every assistance to achieve a satisfactory performance. Before an established appointment can be confirmed at the end of a period of probation the appointment holder must be capable of performing the duties of the post or grade satisfactorily and have the required standard of conduct and attendance. If at the end of probation a person has not reached a satisfactory standard, the appointment will normally be terminated. However, in some cases probation may be extended, for example if a person is slow to settle in but shows clear signs of improvement towards the end of the period. An appointment may be terminated before the end of the period of probation if the entrant's performance or attendance falls far below the required standard and it is clear that any improvement is likely to be insufficient.

TERMINATION OF PROBATIONER'S EMPLOYMENT

2.7. Decisions about probation lie with the Clerk of the Parliaments, who may delegate his authority as appropriate. Decisions will be made on the basis of reports from Black Rod or the Head of the relevant Office. Every effort is made to ensure that probationers are treated fairly.

2.8. Unsatisfactory attendance can be an important consideration in arriving at a probation decision.

2.9. Probationers whose appointment is terminated may appeal to the Clerk of the Parliaments. Probationers with more than 1 year's service whose appointment is terminated may also be able to appeal to the Civil Service Appeal Board (CSAB) (see paragraph 14.41. and Appendix C). They may also refer the matter to the ACAS arbitration scheme for resolution or complain to an Employment Tribunal.

Data Protection and Freedom of Information

2.10 The Data Protection Act 1998 was extended to both Houses of Parliament from January 2005. The Clerk of the Parliaments has the role of data controller in relation to the processing of personal data by or on behalf of the House of Lords. All staff must follow the House's Data Protection policy and procedures when handling personal data in the course of their employment.

2.11 The Data Protection Policy Statement is printed at Appendix K. Procedures and other guidance are available on the intranet.

2.12 Staff should be aware that it is a criminal offence unlawfully to obtain or disclose personal data without the consent of the data controller.

2.13 Under the Data Protection Act 1998 staff have subject access rights to personal data held electronically and on paper. Those wishing to exercise a subject access right should write to the Human Resources Office with their request. A response time of 40 calendar days is allowed for the request.

2.14 The Freedom of Information Act 2000 gives a general right of access to information held by public authorities (including the House of Lords), sets out exemptions from that right and places a number of obligations on public authorities. Guidance on responding to requests received by the House is available on the intranet and from the House's Freedom of Information Officer.

2.15. Staff should be aware of the Freedom of Information and Data Protection implications of the House of Lords' policy on the disclosure of official information, privilege and confidentiality as set out in Chapter 12, paragraphs 12.11-12.15. For more information please visit the Publication Scheme on the Intranet.


 
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