These guidance notes do not cover ‘Casual Staff'. A separate document on the employment of ‘Casual Staff’ is available

EMPLOYING BOUGHT-IN TEACHERS GUIDANCE 2009/10

Summary of Changes

This section details the changes to the procedures for the academic year 2009/10.

1. The cost of living pay increase to be awarded from 1st August 2009 has not yet been agreed with the Trade Unions. See section 9 for further details.
    
2. Departments must carry out annual checks on immigration information. Departments must notify Human Resources when requesting a contract as to whether these checks have been undertaken. If they have not, the requirement to provide proof of identity will be written into the contract. See section 11 for further details
    
3. Departments can select whether to submit Bought in Teacher Request Forms [BITR] or a Bought In Teacher Contract Spreadsheet [BITCS]. See section 7 for further details
    
4. Departments are asked to provide Human Resources with contact details of the member of staff responsible for requesting contracts and for processing claim forms. See section 2 for further details.

Contents

1. Introduction
2. Summary of Responsibilities
3. Employment Legislation
4. Recruitment and Selection of Bought in Teachers
5. Employing Post Graduate Students
6. Contractual Requirements
7. Requesting an Employment Contract
8. Teaching Assessment
9. Pay
10. Other Costs
11. Immigration Checks
12. Procedure for Making a Claim for Payment

1.Introduction

Bought in Teachers are staff employed on a casual basis to assist a Department in its teaching activities. Teaching activities covers all courses run by Academic Departments within the University regardless of funding source.

If an individual is employed on a casual basis for other non-teaching work, the procedures described in the ‘Employing Casual Staff Guidance’ should be followed even if the casual employee is a postgraduate student.

These procedures are to be used only for the academic year 2009/10.

Please note that Operations Committee approval is required for Bought in Teachers where expenditure on an individual member of staff exceeds £20,000 in any academic year.

All Bought in Teachers will be paid via the monthly claims payroll.

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2. Summary of Responsibilities

When recruiting a Bought in Teacher, the Department should consider duties to be undertaken for the full academic year. If possible, Departments should avoid requesting Human Resources Services to issue separate contracts for Semesters 1 & 2.

It is the responsibility of the Department to confirm specific details of employment to Bought in Teachers. This includes the type of work to be undertaken, number of hours to be worked, dates and times that the work is to be undertaken and, where appropriate, the amount of expected preparation time.

The following is a summary of the responsibilities

2.1 Head of Department’s Responsibilities

It is the responsibility of the Head of Department to:

• Ensure that the procedures outlined in this document are followed correctly within the Department
• Ensure that the ‘Good Recruitment Guide’ is followed when recruiting a Bought in Teacher. See Section 4
• Ensure that Immigration Checks are carried out within the Department to confirm that the Bought in Teacher is eligible to work in the UK prior to appointment, see Section 11
• Check and authorise claim forms to ensure that the budget is being utilised effectively. If appropriate, the Head of Department can nominate an individual with the correct signing authority to authorise the Claim Forms. However, it is important to note that the ultimate responsibility for the budget lies with the Head of Department
• Nominate an individual/individuals to act as the Departmental Contact.

2.2 Department Contact’s Responsibilities

The Department Contact has two areas of responsibility:

Contracts

• Assess whether it is necessary to ask Human Resources to produce a contract of employment
• Ensure that the procedures for raising contracts are followed before employment commences
• Act as a point of contact for Human Resources and Payroll contract queries

Claims

• Check that claim forms have been completed correctly and process them in a timely manner
• Allocate each claim form with a SOC code, or to ensure that others in the Department have access to the SOC codes to allocate a code to each claim
• Act as a point of contact for Payroll if a claim form has not been completed correctly

It is possible that these responsibilities are undertaken by different people. To ensure that any queries are resolved as quickly as possible, Departments are asked to provide Human Resources with details of the contact via e-mail to: Recruitment@lboro.ac.uk.

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3. Employment Legislation

Bought in Teachers are employees and therefore have certain employment rights. This section provides a guide to relevant employment law.

3.1	The Asylum and Nationality Act (2006) requires all employers in the UK to make basic checks on every person they intend to employ before that individual commences work regardless of Nationality. It is the responsibility of the Head of Department/Section or nominee to ensure that the necessary checks are carried out within the Department/Section for Bought in Teachers. Further details can be found in Section 11.
3.2	The Working Time Regulations (1998) require employers to pay all workers the equivalent of 20 days’ holiday per year (pro rata). The General Conditions of Service sent out to all Bought in Teachers indicate the way in which such holiday is paid. As it is not possible for hourly paid staff to take holidays on days when they are required to undertake work for the University, their holidays will fall at times when they are not scheduled to work. A supplement to their hourly rate will therefore be paid for this annual leave. This supplement is included in the Hourly Rates for Bought in Teachers quoted in this document.
3.3	Equal pay legislation requires the University to ensure that differences in the rates of pay are not caused by unlawful discrimination. To reduce this risk, jobs have been formally evaluated and a range of recommended hourly rates for Bought in Teachers can be found in the Casual Staff Pay Rates spreadsheet, see Section 9 for further details. If a rate outside these recommended rates is proposed, the Department must provide justification on the BITR form. The Dean’s approval must then be sought and the Dean must authorise this rate on the BITR form before this form is submitted to Human Resources.

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4. Recruitment and Selection of Bought in Teachers

The University’s ‘Good Recruitment Guide’ must be adhered to when recruiting Bought in Teachers, regardless of the length of their contract.

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5. Employing postgraduate students as Bought in Teachers

5.1	Please note that this guidance applies only to postgraduate students employed to undertake Bought in Teaching. Postgraduate students undertaking other work, such as acting as a Student Guide or Photocopying, are covered by the Employing Casual Staff Guidance.
5.2	Before employing a postgraduate student to undertake Bought in Teaching Departments must consult the Code of Practice on Employing Postgraduate Students and ensure that the rules are followed.
5.3	The Code of Practice states that postgraduate students should not undertake more than six hours’ work per week.
5.4	The Code of Practice states that postgraduate students "should not normally undertake lecturing, unless they have prior teaching experience and/or particular subject expertise. Even then, this should amount to no more than an occasional lecture."   If the postgraduate student is to undertake lecturing, Departments must specify the number of hours lecturing that will be undertaken and provide evidence of their relevant experience. Human Resources will then specify the number of hours lecturing to be undertaken on the contract of employment.
5.5	Departments must request that Human Resources issue a contract of employment for all postgraduate students before they commence employment, regardless of the amount of work they are expected to undertake. See Section 6 for details on requesting an employment contract.
5.6	Departments must ensure that a postgraduate student is eligible to work in the UK before requesting a contract of employment. For further information on Immigration checks please see Section 11.
5.7	Human Resources will issue postgraduate students with a contract of employment for the academic year 2009/10. This contract will specify the rates that the University will pay the postgraduate student. The specific details of the employment, such as the number of hours the postgraduate student is required to undertake, will be confirmed by the Department. Please see Appendix 1 in downloadable version for an sample contract.

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6. Contractual Requirements for Bought in Teachers

If you are employing a postgraduate student to undertake Bought in Teaching, please see Section 5 above.

There are two other types of Bought in Teachers each with different contractual requirements. The flow chart below illustrates these two types and the necessary arrangements.

6.1 Bought in Teachers working for less than a one month period in each semester

6.1.1	It is not necessary for Human Resources to issue a contract of employment to Bought in Teachers who will undertake work over a period of less than one month in each semester. This includes preparation and marking time.
6.1.2	Departments are responsible for confirming details of employment to the Bought in Teacher and this is the contract of employment.
6.1.3	To ensure that there is no delay in the payment of a claim, Departments must e-mail Claims Payroll (claims@lists.lboro.ac.uk) and Human Resources ( recruitment@lboro.ac.uk) with details of the Bought in Teacher before the work is undertaken. The following information must be provided: The full name of the individual The date(s) that the work is to be undertaken The pay rate agreed with the individual Confirmation that the relevant documentation has been checked/will be checked on the first day of employment to ensure that they are eligible to work in the UK If the pay rate agreed is outside of the pay rates specified in this document, the Dean must also be copied into this e-mail for their approval.
6.1.4	If the individual is subsequently required for more than one month in the semester, a contract must be issued by Human Resources. The individual must not undertake any work in excess of one month in a semester prior to the contract being issued. Departments should request that Human Resources provide an employment contract as per the procedures in Section 7.

6.2 Bought in Teachers working over a period of more than one month per semester

6.2.1	Departments must request that Human Resources issue a contract of employment before work is undertaken. See Section 7 for details of how to request a contract.
6.2.2	Human Resources will issue a contract of employment detailing the start date and end date of the appointment and the pay rate offered. An example of a contract issued to a Bought in Teacher undertaking more than one month work can be found in Appendix 2 (see downloadable version).
6.2.3	If, due to unexpected circumstances, a Bought in Teacher is required for longer than originally anticipated, the Department should request that Human Resources issue another contract as per the procedures in Section 7 before the additional work is undertaken.

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7. Requesting a contract of employment

Departments can request that a contract is issued for a Bought in Teacher by completing either a Bought in Teacher Request Form [BITR] or Bought in Teacher Contract Spreadsheet [BITCS]. Departments requesting more than 3 contracts at any one time are strongly recommended to use the Bought in Teacher Contract Spreadsheet.

7.1 Bought in Teacher Request Form [BITR]

7.1.1	Departments must complete a BITR form for each individual contract to be issued.
7.1.2	The Head of Department, or their nominee, must sign a hard copy of each BITR form before it is sent to the Recruitment Team in Human Resources

7.2 Bought in Teacher Contract Spreadsheet [BITCS]

7.2.1	Departments can request that multiple contracts are issued by completing the BITCS
7.2.2	The Head of Department, or their nominee, must e-mail a copy of the spreadsheet, confirming that they approve the expenditure, to recruitment@lboro.ac.uk. A signed print out of the spreadsheet must also be sent to the Recruitment Team in Human Resources.

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8. Teaching Assessment

When assessing the proportion of a module for which a Bought-in Teacher is responsible, time spent planning, delivering and assessing should be included.

8.1	All Bought-in Teachers must be assessed on Teaching Quality and Departments must be satisfied that their standards of teaching are acceptable. In cases of a first appointment by the Department, the assessment must take place as soon as it is practical. When a Bought-in Teacher is to be responsible for less than 25% of a module, Departments should undertake their own Teaching Quality assessments. Guidance is available via the Teaching Centre Administrator on undertaking Teaching Assessments. If the Bought-in Teacher is responsible for more than 25% of a module, the BITR form requires a declaration that the proposed Bought-in Teacher's teaching has been observed and that the standard of teaching is acceptable, or that this observation will take place imminently. The Teaching Centre Administrator should be contacted to arrange for the teaching to be formally observed.
8.2	If a Bought-in Teacher is responsible for undertaking more than 50% of the contact hours of a module, they should be appointed as an Examiner of the University by the appropriate Faculty Board and listed on the Module Specification as the Responsible Examiner. Bought-in Teachers should receive payment for attendance at course team meetings, exam boards and so on. This activity should be authorised by the Associate Dean (Teaching) for the Faculty who should sign the Responsible Examiner box on the BITR form before this is sent to Human Resources Services.
8.3	Human Resources Services are unable to issue a contract of employment unless all the relevant sections are completed and this could lead to a delay in the Bought-in Teacher being paid.

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9. Pay

9.1	Job Evaluation panels have formally evaluated a representative selection of Bought in Teacher jobs and determined that these jobs fit into the Teaching and Scholarship Job Family at Grades 5, 6 and 7. It is expected that Departments will match all Bought in Teachers into these grades.
9.2	The hourly rates for Bought in Teachers relate to points on the University’s salary scale.
9.3	Each Bought in Teacher will have a single pay rate at which they will be paid for all work connected with Bought in Teaching that year. It is no longer acceptable to pay a different rate for Administration, Tutorials, Lecturing and Demonstration.
9.4	To ensure compliance with equality legislation, Bought in Teachers are now entitled to incremental progression within the appropriate grade. Bought in Teachers who are re-employed who are paid within the normal incremental progression zone should receive an increment above the spinal point paid in 2008/09 and this practice should continue until they reach the top spinal point within the normal incremental progression zone for the grade. It is the Department’s responsibility to monitor this. Movement into the contribution points on a grade will be subject to the annual Reward Review exercise. The following table shows progression though the grades for each grade Grade Incremental Points Contribution Points 5 20 - 26 27 - 31 6 33 - 36 37 – 40 7 37 - 43 44 - 47
9.5	Bought in Teachers should be paid an hourly rate inclusive of holiday pay. Bought in Teachers salaries should automatically increase in line with the annual cost of living increase. inclusive of holiday pay. The precise figures and the impact on pay will be publicised on the Human Resources Services web pages as soon as possible.
9.6	Bought in Teachers working very irregular part-time hours or for contracts of less than 2 months are paid a supplement in lieu of their holiday entitlement. For Bought in Teachers on Grades 6 or 7 the percentage to add is 20.37%. For Bought in Teachers employed on Grade 5, the percentage to add is 15.04%.
9.7	The Bought in Teacher Pay rates do not include an allowance for preparation time or marking. Bought in Teachers should be paid for preparation time and marking at their normal hourly rate. It is the Department’s responsibility to monitor preparation and marking time claimed.
9.8	When considering the amount of preparation time involved in Bought in Teaching, Departments should consult their own Workload Model and consider carefully the amount that each Bought in Teacher needs for this. Grade 5: Teaching and Scholarship This grade would typically be appropriate for postgraduate students acting as Demonstrators. Typical duties include: Providing support to academic staff by assisting with laboratory classes and demonstrations Assisting with marking of laboratory reports, under the direction of academic staff Staff on this grade are undertaking closely-supervised work. If the Bought in Teacher is working without a high level of supervision, it is likely that they will be a Grade 6. Pay rates for Bought in Teachers on Grade 5 can be found at the University’s Casual Pay Scale, Grade 6: Teaching and Scholarship Typical duties include: Preparing and running tutorials and seminars Sole responsibility for laboratory demonstrations Supervision of final year projects Basic academic support to students Marking of laboratory reports with guidance/assistance where required *Higher level 6 duties [equivalent to the teaching duties of a lecturer] include: Duties listed above, plus: Lecturing on a defined, specific and sometimes specialised subject (both UG and PG) Marking coursework with guidance/assistance where required Marking examinations with guidance/assistance where required Academic support and guidance to students (both UG and PG) *Bought in Teachers carrying out these duties should be paid at spinal point 33 and above. Pay rates for Bought in Teachers on Grade 6 can be found at the University’s Casual Pay Scale. Grade: 7 Teaching and Scholarship Typical duties include: Duties listed in Grade 6, plus: Review content of module with responsibility for updating and altering content as required Responsibility for determining mode of study Internal examiner for module/part of module Contribution to the review and development of programmes Pastoral support to students Setting and marking coursework Setting and marking examinations Pay rates for Bought in Teachers on Grade 7 can be found at the University’s Casual Pay Scale. Further details of the duties expected of the different grades can be found in the Teaching and Scholarship job family, available on the Human Resources website.
9.10	If a pay rate outside of the standard rates is desired, the Dean’s approval must be sought prior to the appointment and the BITR form must be signed by the Dean. To ensure that Equal Pay legislation is complied with, Departments are asked to provide justification as to why the higher rate of pay is offered on the BITR form. Please note that it is not appropriate to pay postgraduate students outside the normal pay rates.
9.11	If a rate outside the standard range offered to an individual working less than 10 hours in a semester, the e-mail sent to Payroll and to the Recruitment Team must also be copied to the Dean (see also section 4.1).

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10. Other Costs

10.1

When budgeting for the cost of employing a Bought in Teacher, it is essential that Departments remember to account for an additional 14% of the salary for the employer’s pension contributions if the contract is for three months or more.

10.2

The following costs should be considered for payment of National Insurance contributions: Employer's National Insurance costs for the 2009-10 tax year are as follows: Salary up to £5720 0% Salary £5720.01 and above 12.8% (or 9.1% if in either of the pension schemes used by the University) NI is not calculated cumulatively, so each pay period stands in isolation. This means that NI will be deducted on any payment above £476 in a particular month, regardless of whether the Bought in Teacher's pay to date is within the tax-free allowance. For this reason it is important to submit regular claims for payment.

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11. Immigration Checks

11.1	The Head of Department/Section or nominee is responsible for ensuring that the necessary immigration checks are carried out within the Department to confirm that the individual has permission to work in the UK, regardless of nationality, before (s)he starts work at the University and that a copy of the necessary evidence is kept in the Department.  Even if checks of original documents as specified on the current Home Office list were made prior to a previous period of employment and proved to be satisfactory, it is essential to repeat these checks just before the start of every new period of employment.  All copies taken should be signed and dated by the member of staff  who checks the originals of the relevant document(s).
11.2	Departments are asked to confirm whether they have seen the required documents on the BITR form and the BITCS.  If the documents have not been checked, the contract will direct the Bought in Teacher to produce the documentation on the first day of employment otherwise they will not be permitted to work.  It is the Department's responsibility to ensure that these checks are undertaken before employment starts.
11.3	Please note that the Home Office could visit the University to check compliance with legislation at any time and without notice, and the copies of documents should be readily available in the event that they are required for inspection.  The penalties for an employer for non compliance with these immigration regulations are severe.
11.4	Further information can be obtained from your Human Resources Adviser or from www.lboro.ac.uk/admin/Human Resources/recruitment/immigration.htm.

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12. Procedure for Making a Claim for Payment

12.1	Bought in Teachers who have a salaried appointment with the University will be paid for Bought in Teaching in addition to their normal pay. They must claim for the Bought in Teaching work undertaken by completing the ‘Extra Payments Form, Grade 6 and Above’.
12.2	Bought in Teachers who are not currently employed by the University on a contract of employment in another capacity will be paid via the Casual Payroll.
12.3	Payments will be made on the 15th of each month, or the last working day before the 15th of each month. The exact dates for the payroll can be found on the Finance Website.
12.4	Bought in Teachers should submit one claim form per month for the work undertaken that month. If a Bought in Teacher claims for work undertaken over a number of weeks or months on one claim form they will be disadvantaged as they will only receive four weeks’ tax allowance. See also 9.2 regarding National Insurance payment.
12.5	A Bought in Teacher must complete a First Claim form if they did not claim for work in the previous academic year. This form requires the individual to submit personal information and equal opportunities information as well as details of their claim. All sections of this form must be completed for the form to be accepted.
12.6	The second claim and all subsequent claims must be made using the Subsequent Claim form. This will only ask claimants to provide details of the work undertaken.
12.7	Claim forms will not be processed unless the following information is provided: Full name Number of hours worked Brief description of work undertaken [eg. lecturing, tutorials, demonstrating, admin] Total amount claimed Departmental signatures including Head of Department/Section SOC code [to be completed by Departmental Contact]

Failure to complete the form fully will result in a delay in paying the Bought in Teacher as the form will be returned to the Department for correction/completion.

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If you have any feedback or queries on these guidance notes, please contact your Human Resources Adviser.