E22 Meeting a People Resource Need

Background

There are a variety of options available to managers to help meet a people resource need. The most appropriate option will depend on a variety of factors which will include the effective use of current DFID staff, EU Employment legislation, The Civil Service Recruitment Principles and Her Majesty's Revenue & Customs rules on Income Tax and National Insurance contributions. More details on the various options can be found in the Resourcing Policy and Procedures guidance.

In addition, the Government's current restrictions on recruitment and consultancy spend means that no manager may commence a process to contract an individual or small team team of individuals without first discussing the most appropriate source with an HR Resourcing Adviser. This includes internal or external recruitment to fill a permanent or temporary vacancy, an agency/interim arrangement to meet a short-term need, supplier contract (Admin or Programme Funded Admin) or consultancy (Admin Funded) whether on a self-employed basis or through an organisation.

HRD Resourcing Team will advise the most appropriate and legally compliant route if it is necessary to bring someone in from outside the Civil Service in order to meet the resource need. This will determine the approval process as agreed by the Secretary of State. This includes filling a permanent vacancy or meeting a short-term need on a fixed term basis, or on consultancy or contractors terms.

Compliance Tasks

1. Managers must discuss the resource requirement with their Resourcing Adviser before deciding on the most appropriate sourcing route to meet the need.

Task assigned to: Line Manager

2. Managers must first try to identify a resource from within DFID's current staff complement. This will be on level transfer or promotion where appropriate.

Task assigned to: Line Manager

3. Where an internal resource is not available (approved by HR Resourcing Adviser) managers must attempt to source someone from elsewhere in the Civil Service if it is to fill a permanent vacancy, or on a loan basis if the need is short term.

Task assigned to: Line Manager

4. Managers must obtain Director level approval that the resource requirement is "front-line or "business critical" before producing a formal Business Case to meet a resource need from outside of the Civil Service.

Task assigned to: Head of Department, Head of Overseas Office

Risks of non-compliance

Contracts issued that have not been given the correct level of approval in line with government restrictions on recruitment and consultancy spend.
The Civil Service Commissioners challenge appointments and order the recruitment process to be re-run.
Expensive contracts issued when an internal option is available.
HMRC charge DFID Income Tax and employers NI contributions on inappropriate contracts to self employed individuals plus interest backdated to the date the payments were made to the individual. A fine of up to 100% of the total Tax and NI charge may also be applied by HMRC. Any charge applied by HMRC will be deducted from the contracting departments own budget.
Contracts leading to a claim of permanency through EU Employment Legislation or TUPE regulations.

Last updated: 03 Oct 2011

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