Research Staff Grade 5 - Conditions of Service

These Conditions should be read in conjunction with the relevant supplementary Conditions of Service relating to an appointment or class of appointment.

General Conditions

1. Definitions
2. General Conditions
3. Remuneration
4. Superannuation
5. Hours of Work

6. Medical Clearance
7. Holidays - Amended January 2009
8. Probation
9. Residence
10. Family Support Leave
         10a. Maternity Leave

10b. Maternity Support Leave

10c. Paternity Leave

10d. Parental Leave

10e. Time off to care for dependants

11. Trade Union Membership
12. Excess Mortgage Guarantees
13. Relocation Expenses
14. Sickness or Injury
15. Travelling Expenses and Subsistence Allowance
16. Death Benefit
17. Discipline
18. Grievance Procedure
19. Security of Employment
20. Special Leave and Leave of Absence
21. Copyright
22. Safety
23. Inventions, Discoveries and Patents
24. Research Contracts
25. Protection of Rights
26. Appraisal

27. Duties
28. Duration and Termination of Appointment
29. Extra-Curricular or Outside Work

• Appendix One - Security of Employment
• Appendix Two - Code of Practice on the use of fixed term contracts

Where the context permits the following words shall have the following meanings, viz "University" means "Loughborough University"

"Charter" "Council" "Statute" "Ordinance" or "Regulation" means "Charter" (or as the case may be) "Council" "Statute" "Ordinance" or "Regulation’" of the University

"Academic Staff" means "Professors, Readers, Senior Lecturers, Lecturers, Senior Research Fellows and Research Fellows"

"Staff" means "those staff to whom a set of Conditions of Service refer"

"Member" means "A person who is a member of staff"

"Temporary Member" means "A Member (not being a Probationer) appointed on a temporary basis or for a specified period only"

"Probationer" means "A Member appointed or deemed to have been appointed for a probationary period"

"Permanent Member" means "A Member (other than a Temporary Member or Probationer)"

"Invention" means "any invention improvement design or process whether patentable or not"

"UCU." means "University and College Union"

"ARSNC." means "Academic and Related Staff Negotiating Sub-Committee"

(a) Unless stated otherwise these Conditions apply to all staff on research grade 5. No condition shall serve to worsen an existing condition of service of any Member.

(b) University Council may from time to time with the assent of ARSNC revise or amend any of these conditions and every such revision or amendment shall until it is further revised or amended be valid and binding on the University and the Staff.

(c) The service of every Member is also subject to the Charter Statutes Ordinances and Regulations for the time being in force during their appointment.

(d) All new appointees are required to complete a medical questionnaire and return this to the Occupational Health Unit to ensure that they are appropriately supported while at work and that their work does not create any risks to their health.  In some cases it may be necessary for the new appointee to have an appointment with the Occupational health Physician.

Amendment approved by Council July 2005

(e) For the purposes of these conditions each academic year is deemed to begin on 1 October and to end upon the following 30 September.

(a) The remuneration of Members shall be in accordance with the current scale or other salary arrangements appropriate to their post approved nationally for universities or agreed locally between the University and the recognised campus unions. Salaries are paid in arrears in equal monthly instalments on or before the last day of each month by direct transfer to private bank accounts. Every Member shall be informed in writing monthly of the net amount so transferred showing the gross entitlement and all deductions therefrom in arriving at the net entitlement.

(b) The normal incremental date is 1 August except that a Member appointed on or after 1 March in any year shall where applicable receive a first increment on 1 August of the year next following the year of appointment. The incremental date shall be taken into account by the Selection Committee when recommending a Members starting salary.

(c) When a national salary award is implemented this shall not affect the normal payment of the next increment when this falls due unless specifically provided for in the terms of the award.

(d) Should any Member either leave the University to take up employment with any organisation or institution financed by public funds or vice versa no salary shall be paid by the University for any period for which salary is paid by the said organisation or institution. Accrued holiday pay shall be disregarded for the purposes of this clause.

All members of staff employed for three months or more will normally be enrolled in the Local Government Superannuation Scheme, the occupational pension scheme adopted by the University. Contributions at the appropriate rate will be deducted from your salary for this purpose. The Local Government Superannuation Scheme is contracted out of the State Earnings-Related Pension Scheme (SERPS); a copy of a certificate to that effect is held in the University Finance Office.

You have the option of joining/remaining in the occupational pension scheme or of making other arrangements for your pension. Your attention is drawn to the County Council publication concerning Local Government Superannuation which you should read carefully and retain. You are requested to indicate whether you wish to join/remain in/or leave the Local Government Superannuation Scheme by completing the appropriate parts of the Pension Option Form and returning it to Human Resources in advance of taking up your appointment in the University.  Any questions you may have regarding your pension arrangements should be directed to the Superannuation Officer in the University Finance Office.

Members of staff are required to work 37 hours per week. The arrangement of working hours within that total will be as laid down by the Head of Department or Section.

Members of staff shall be paid for overtime worked during Monday through Friday at the normal hourly rate except that, for overtime worked during the hours 6.00 p.m. to 8.30 a.m., payment shall be on the basis of 1.25 time for the first two hours in any one week and 1.5 time for all hours thereafter. However, provided that the costs of all such overtime working are certified by the Head of Department to be rechargeable, all overtime hours worked during Monday through Friday and on a Saturday shall be paid on the basis of 1.5 time and all overtime hours worked on a Sunday shall be paid on the basis of double time. In all cases of overtime working, members of staff shall be given, wherever possible, equivalent time off in lieu.

All new appointees are required to complete a medical questionnaire and return this to the Occupational Health Unit to ensure that they are appropriately supported while at work and that their work does not create any risks to their health.  In some cases it may be necessary for the new appointee to have an appointment with the Occupational health Physician.                                                                   (amended July 2005)

The annual holiday entitlement for all members of staff is 20 days (25 days where a six-day working week is in operation).  The annual holiday entitlement is increased to 25 days (30 days where a six-day working week is in operation) for members of staff who, by 30 April in any year, have completed not less than five years' continuous service. Increased holiday entitlement is not pro-rated on the basis of qualifying service being completed within a current leave year. Annual holiday rises to 27 days from the commencement of the leave year following the completion of thirty years service. Members of staff who are employed on a part time basis will receive a pro rata entitlement to the above.

The holiday year runs from 1st May to 30th April each year. Specific holiday arrangements are left to the discretion of the Head of Department concerned. Annual leave accrues at the rate of one-twelfth of the annual entitlement per month. A pro-rata entitlement, rounded down to the nearest half day, will accrue where employment begins or ends part way through a month.

A member of staff is entitled to carry over five days holiday (pro rata if part time) from one leave year to the next. On the termination of their employment a member of staff will be entitled to take paid holiday (or to receive payment in lieu of holiday) for such a proportion of their annual holiday entitlement as the period during which they have worked in the leave year up to the termination of their employments bears to a full leave year (less any holidays actually take during that period).

Where staff are required to work on a shift rota, exact details of their holiday arrangements will be set out in their contract of employment.

Approved by Council - January 2009

All newly appointed staff, (including internal appointments and promotions, unless the appointment panel determines that it should be waived) will be required to undertake a probationary period before the appointment can be confirmed.  The procedures governing the process, including the duration of the probation, are outlined in the University’s Procedure for Probationary Appointments.

Unless special permission is given by the University, all members of staff must live within a twenty mile radius of the University. Any application for waiving of this condition shall be made in writing to the Chief Operating Officer.

10a. Maternity Leave

(a) A woman Member shall be entitled to eighteen weeks maternity leave on full pay and to return to work no later than fifty two weeks after the week of her leave subject to the following conditions:

(i) The Member shall furnish to the University at the earliest practicable date and not less than thirteen weeks before the expected date of her confinement:

• notification in writing of her expected absence from work;
• a medical certificate stating the expected week of her confinement;
• an undertaking in writing to return to work for at least three months or to the end of her period of appointment whichever is the shorter. The period of appointment shall be the contractual period of appointment or such longer period as the University may offer her.

(ii) The Member shall have been continuously employed by the University for at least twenty-six weeks by the beginning of the fifteenth week before the expected week of confinement.

(iii) The Member must normally continue to work up to the eleventh week before the expected week of confinement and shall cease work normally no later than six weeks before the expected week of confinement.

(b) Full pay shall include Statutory Maternity Pay. The full pay of a Member not entitled to Statutory Maternity Pay shall be reduced by the amount of maternity allowance received or receivable from the State.

(c) A Member may exercise her right to return to work at any time before the end of the period of fifty two weeks beginning with the week oon which her leave began in the job in which she was employed under her existing contract of employment on the terms and conditions that would have been applicable to her had she not been absent. Not less than eight weeks before she proposes to return to duty the Member shall so notify the University in writing.

(d) A Member who fails to comply with her undertaking to return to work as shown in (a)(i) above shall normally repay to the University such amount of maternity pay as is in excess of her statutory entitlement.

(e) A Members maternity leave shall not count against her entitlement to sick leave.

(f) The Vice-Chancellor after consulting the Members Head of Department shall have discretion to extend all or part of this scheme to a Member who cannot satisfy the service condition set out in (a)(ii) above

(g) A Member who does not intend to return to work following confinement may be entitled to Statutory Maternity Pay if she has been continuously employed by the University for at least twenty-six weeks by the beginning of the fifteenth week before the expected week of confinement.

(h) By Act of Parliament all employees regardless of length of service are entitled to eighteen weeks unpaid Maternity Leave.

 

10b.    Maternity Support Leave

Maternity Support Leave of 5 days with pay shall be granted to the child's father or the partner or nominated carer of an expectant mother at or around the time of the birth. A nominated carer is the person nominated by the mother to assist in the care of the child and to provide support to the mother at or around the time of the birth.

Maternity Support Leave will not be available for employees who take Paternity Leave.

(amended July 2003)

10c. Paternity Leave

An employee with 26 weeks service by the 15th week before the expected week of confinement will qualify for paternity leave where they are the biological father of the child or they are married to or the partner, of either sex, of the child's mother and they have or expect to have responsibility for the upbringing of the child.  One week or two consecutive weeks leave can be taken within 8 weeks of the birth of the child.  Full pay will be paid for the first week and Statutory Paternity Pay for the second week.  Notification of an intention to take paternity leave, with the anticipated start date and duration of absence, should be given normally by the 15th week before the expected week of confinement.  Where reasonably practicable 28 days notice should be given of any intention to change these dates.  A self certificate must be completed and returned to Human Resources no later than 28 days before the anticipated start of the paternity leave.

Approved by Council July 2003

10d. Parental Leave

Parents with more than one years service are entitled to a total of 13 weeks unpaid leave in order to look after a child under five years of age.   Leave may be taken in daily or weekly blocks.  A minimum of 21 days notice must be given before leave commences and the permission of the Head of Department must be obtained if more than four weeks leave, or the equivalent number of days, is to be taken in any period of twelve months.  It may be possible for the leave to be taken as reduced hours of work, subject to the approval of the Head of Department.  In exceptional cases the University has the right to postpone leave for a maximum of 6 months.

Subject to the rules of the Superannuation Scheme the University will maintain both employees and employers contributions during periods of leave.

The provisions of this section shall also apply to parents of disabled children until their eighteenth birthday and to adoptive parents for five years from the date of adoption.

The University reserves the right to require evidence of the child's birth or adoption.

Amendment approved by Council 19 July 2000

10e. Time off to care for dependants

Under the provisions of the Employment Relations Act 1999 members may take reasonable unpaid time off work to attend to emergencies involving the provision of care or assistance to a dependant or as the consequence of the death of a dependant.    The member must let their Head of Department know the reason for their absence and where possible its expected duration, as soon as reasonably practicable.

The University reserves the right to require evidence of the nature of the emergency.

Amendment approved by Council 19 July 2000

The University confirms the rights given under the Employment Protection (Consolidation) Act 1978 or any statutory modification or re-enactment thereof for the time being in force for a Member to belong to a trade union to take part in its activities at any appropriate time and to seek and hold office in it. The University has granted UCU sole negotiating and consultative rights for all Research Staff. The University commends to its Members the consideration of benefits that may derive from membership of a trade union appropriate to their appointment in the University.

By authority vested in it, the University is qualified to give guarantees to building societies for excess mortgages on behalf of its members of staff. Such guarantees may be given by the Chief Operating Officer, on behalf of the University, at his/her discretion.

Members appointed to posts of not less than two years’ duration in the University are advised to make this fact known to building societies when negotiating mortgages.

The University will, subject to conditions which have been or may from time to time be promulgated by Council, reimburse expenses incurred in the removal of household furnishings and effects by a Member when relocating to take up an appointment in the University. A resettlement grant of upto the equivalent of one months’ gross salary as at the time of appointment may also be payable in respect of legal or other fees. To be eligible a Member must hold an appointment which can run for at least two years.

In the event of absence due to sickness or injury, the Departmental nominated officer or Head of Department should be notified immediately and certification of the reason for your absence submitted. Members of staff are entitled to the following sickness benefits upon the production of the required certificates:

During the first year of service : One months full pay and (after completing four months service) two months half pay

During the second year of service : Two months full pay and two months half pay

During the third year of service : Four months full pay and four months half pay

During the fourth and fifth year of service: Five months full pay and five months half pay

After five years of service : Six months full pay and six months half pay

The Council has discretionary powers to extend these benefits in special circumstances.

Any entitlement to State sickness and other benefit is deductible from normal salary due during sickness, but not from half pay.

A member of staff who is absent as a result of an accident outside of work shall be treated as if they were absent through illness. If consequently, they are able to claim damages, including loss of earnings, from a third party, then the loss of earnings element of any sum recovered under the claim shall be refundable to the University, up to, and in proportion to, the sickness benefit paid to them by the University during such absence.

The University shall reimburse expenditure incurred by Members travelling on approved University business on such scales and in accordance with such conditions as may from time to time be laid down by the University.

In the event of a Member dying whilst in the service of the University before retiring on pension, the University may at its discretion pay to such one or more of the dependants of the deceased Member sums as follows:

The word ‘dependent’ shall, in this context, have the same meaning as it has for the purposes of Income Tax rules. And if, and to such an extent as, such meaning does not include any person who is or was wholly or in part dependent on the earnings of the deceased Member, the expression includes any such person by way of addition.

The following procedure does not apply to the termination of a Members appointment for any reason which is not disciplinary or to the termination of appointment of a probationary Member.

(a) In the event of formal disciplinary action being considered necessary the normal procedure will be:

(i) a first oral warning given by the Members Head of Department or a nominee. A record of this warning shall be placed on the Members personal file but it will be spent after 12 months subject to satisfactory conduct and performance;

(ii) a second oral warning normally given by the Members Head of Department or a nominee in the presence of a representative of the trade union appropriate to the Members employment or other colleague. A record of this warning shall be placed on the Members personal file but it will be spent after 12 months subject to satisfactory conduct and performance;

(iii) after consultation with the appropriate University officer(s) the Head of Department will issue a final warning in writing which shall indicate the possible consequences of future indiscipline. A copy of this warning will if desired by the Member be given to a representative of the trade union appropriate to the Members employment. A copy of this warning shall be placed on the Members personal file but it will be spent after 2 years subject to satisfactory conduct and performance;

(iv) for further indiscipline the Member may be transferred demoted or dismissed with the appropriate period of notice.

(b) In the case of serious misconduct it may not be practicable to follow this extended procedure and the University reserves the right to begin the disciplinary process at stage (ii) or (iii) or to suspend the Member on full pay whilst investigating the matter and subsequently to summarily dismiss the Member.

(c) The Member shall be entitled to appeal against any formal disciplinary action taken including dismissal in accordance with the procedures set out in the document  ‘Disciplinary Procedure - Appeals’ a copy of which may be seen in Human Resources. In every case where formal disciplinary action is taken a copy of the appeals procedure document shall be furnished to the Member concerned at the time of notification of the disciplinary action.

An employee may raise a grievance about action which the University has taken or is contemplating taking in relation to them, or the actions of work colleagues.

• Informal stage.  In the first instance an employee should discuss the matter informally with their immediate Supervisor or line manager.

• Formal stage.  If the matter is not resolved and the employee wishes to raise a formal grievance they must set out the details in a written statement that should be sent to their Head of Department/Section.  [If the grievance refers to the actions of their Head of Department/Section the statement should be sent to the Dean of the Faculty or in the case of non-Faculty sections, the Registrar.]  The person considering the grievance will meet the employee to discuss the matter within 10 working days of receipt of the written statement.    The employee may be accompanied by a work colleague or a union representative at this meeting.  In some cases it may be necessary to adjourn the meeting to allow for an investigation of the issues to take place.  Within 10 working days of the meeting, or any resumed meeting, the person considering the grievance will send the employee a written statement of their decision and the reasons for it.  The employee will be notified of their right to appeal if they are not satisfied with the outcome.

• Appeal stage.  An employee who is not satisfied with the decision reached at the first formal stage will have 20 working days in which to lodge an appeal by submitting a written statement stating the grounds for the appeal.  If an appeal is not lodged within this period no further action will be taken on the grievance.  All interested parties will be informed that the grievance procedure has been concluded. 

Appeals against decisions made by Heads of Departments/Sections must be sent to the Dean of the Faculty or in the case of non-Faculty sections, the Chief Operating Officer.  Appeals against formal stage decisions by a Dean or the Chief Operating Officer must be sent to a Pro Vice Chancellor.  The person hearing the appeal must not have been previously involved in any way with the grievance or be a line manager for the employee bringing the grievance.  The person hearing the appeal will meet the employee to discuss the matter within 10 working days of receipt of the written statement.  The employee may be accompanied by a work colleague or a union representative at this meeting.  Within 10 working days of the meeting the person considering the appeal will send the employee a written statement of their decision and the reasons for it.  This decision will be final.

Any person(s) named in a grievance will have the right a) to receive a copy of the grievance statement, and b) to present a written statement answering the grievance with 5 working days notice.  They may also be requested to answer questions at the formal or appeal stage meetings and may be accompanied by a work colleague or a union representative.

In exceptional circumstances it may be necessary to extend the time limits set out in the above procedure.

• Outcomes.  Depending on the nature of the grievance the outcomes from a complaint being upheld may include; an alteration of working practices, a change to conditions of service or disciplinary or other action taken against other employee(s). 

An employee who raises a grievance that is not upheld and is found to be vexatious or malicious may face disciplinary action.

Approved by Council 19 December 2006

The University has the right to re-deploy staff from one post or area to another.  University Council has adopted a Code of Practice on Security of Employment, which sets out provisions for re-deployment and the procedures to be followed if redundancies are necessary.  A copy of this code is shown in Appendix Two. (see below)

Amendment approved by Council July 1999

(a) Special Leave

 Special Leave is leave, with pay, for specific purposes as set out below:

• To attend courses, conferences or other meetings associated with their work,
• To attend to urgent family affairs or because of the prolonged illness of a member of the family.  Normally such compassionate leave will be granted without reduction of salary and allowances for a period not exceeding two weeks.  The granting of compassionate leave does not affect any entitlement a Member may have to paternity leave, unpaid parental leave and for unpaid time off to care for dependents,
• To undertake civil or public duties,
• To discharge duties as an officer of a recognised trade union
• To participate as a member in the affairs of a recognised trade union,
• To seek alternative employment or to arrange re-training for such alternative employment where the Member has been made redundant,
• To visit other institutions (either UK or overseas) on an exchange, secondment or other basis, not being Study Leave or Leave to Accept an Externally-funded Award as described in Ordinance XV.

(b) Leave of Absence

It is recognised that a Member may wish to apply for leave of absence, normally without pay, for purposes not included in (a) above or in Ordinance XV (Study Leave and Leave to Accept an Externally-funded Award), for example, to have a career break to devote an extended period to child or elder care.

(c) Conditions

• Special Leave and Leave of Absence for any period up to four weeks may be granted at the discretion of the Head of the Department for the purposes set out above, subject to the Dean or the Chief Operating Officer (for support services staff) being informed and, except in the case of compassionate leave, to suitable arrangements being made to cover the applicant’s duties.  Written applications, stating the purposes for which leave is sought and the proposed arrangements for meeting those purposes, should be made as far in advance as possible.  Normally, except for compassionate leave, no less notice should be given than the length of time for which leave is sought.  If the Head of Department declines to approve the application, the Member may appeal to the Dean or the Chief Operating Officer (for support services staff), to override the Head of Department’s decision.
• Special Leave and Leave of Absence, on financial terms to be agreed, for periods greater than four weeks but less than nine months may be granted at the discretion of the Dean or the Chief Operating Officer (for support services staff).  Application shall be made in writing through the Member’s Head of Department, stating the purposes for which leave is sought, as soon as possible and normally no less than six months in advance.  The applicant’s Head of Department shall be required to express an opinion to the Dean or Chief Operating Officer on the application, particularly in regard to the proposed period of leave and to any arrangements for discharging the member’s duties within the University during such a period.  If the Dean or Chief Operating Officer declines to approve the application, the Member may appeal to the Deputy Vice-Chancellor to override the decision.
• All applications for Special Leave and Leave of Absence for periods greater than nine months and also any applications which the Dean or Registrar considers to raise issues of principle shall be referred to the Deputy Vice-Chancellor for consideration.
• All decisions on applications for Special Leave or Leave of Absence in excess of three months shall be reported to Council.

All copyright in work produced by a Member arising as a result of their work for the University other than copyright in books and journal articles shall belong to the University.

If such work consists:

(a) of recorded educational material (including computer programs) produced in the course of a Members duties the University will negotiate with the author or artist on whether or not the Member shall enjoy or participate in the benefit of such copyright (and if so on what terms);

(b) of other material the University will under the circumstances which it considers normal favourably consider granting to the author or artist the entire benefit thereof.

(a) It is the responsibility of every Member to make themselves aware of the University’s current safety procedure of which every Member shall receive particulars at their request from the University Health and Safety Officer.

(b) If new Members have been carrying out work with ionising radiations they shall deposit their radiation transfer record with the Senior University Radiation Protection Officer whether they are or might be continuing with such work in the University or not. During the period of Members employment in the University they will be subject to the "Local Rules for the Protection of Persons Exposed to ionising Radiations" a copy of which may be obtained from the Senior University Radiation Protection Officer. They must make application to the Senior University Radiation Protection Officer not less than two weeks prior to the termination of their employment for the issue of their radiation transfer record.

(c) Insurance policies maintained by the University effectively indemnify both the University and all Members against legal liability which might attach to them as a result of an accident to a student of other third party which occurs whilst a Member is performing the normal duties of a post.

(a) If at any time during an engagement any Member shall either alone or jointly with any person or persons make or discover any invention which might reasonably be considered to be patentable or capable of commercial exploitation whether in the course of carrying out duties expressly assigned by the University or relating to any articles matters or processes which are or have been the subject of investigation examination research or design by the University such Member shall promptly give to the Registrar of the University full information and particulars in relation thereto fully freely and confidentially (disclosing the same to no other person firm or Company) and at the request and cost of the University shall

(i) join with and assist the University (or its nominee as the University shall direct) in obtaining Letters Patent or other protective rights in relation thereto in any parts of the world;

(ii) generally from time to time at the request and cost of the University execute and do all documents acts and things which the University may require for the purposes of vesting in the University (or as the University shall direct) and the Member the sole beneficial right to an interest in every such invention and all Letters Patent or other protective rights which may have been obtained in relation thereto.

(b) The University shall be entitled to undertake the further development and exploitation of the invention and the Member shall do all things necessary to assist the University in respect thereof including Without Prejudice to the generality of the foregoing any one or more of the following or such other thing(s) as the University may direct:

(i) refer the invention to a third party for assessment and if it thinks fit exploitation under its auspices;
(ii) apply or join with the University in applying for patent protection in the United Kingdom or elsewhere;
(iii) enter into appropriate agreements for protecting the secrecy of the invention unless and until it is patented;
(iv) collaborate with the University in the exploitation of the invention.

(c) Without prejudice to the rights of the University under the foregoing sub- paragraph the University (save in the course of sponsored research where the benefits of the results of a project may be the property of the sponsor) will in case the University obtains Letters Patent in respect of any such invention for its own absolute and beneficial use and turns the same to profitable account pay half of the net resulting profit to the Member or among the Members concerned with the invention (and if there be more than one such Member in such proportions between them as the University shall unilaterally direct). Such net resulting profit shall be struck after providing for the reimbursement to the University of all the costs and payments incurred in and about applying for and obtaining protective rights for the invention and in developing and turning or seeking to turn it to profitable account and (if the University so requires but not otherwise) a fair and reasonable charge for any use made by the Member or Members concerned with the invention of University property equipment and personnel in investigating and developing the invention. For the avoidance of doubt the provision for the division of net profit does not and is not intended to supersede the Members rights under the Patent Act 1977 or any amendment thereto.

(d) (Save in the case of inventions touching sponsored research) if after any such invention has been communicated to the University the University does not desire to acquire the exclusive benefit thereof then on receipt of written notice to that effect from the Registrar of the University the Member or Members of staff concerned with its discovery shall be free to protect the same at their own cost and retain for themselves the exclusive rights thereto. Such notice by the Registrar shall be given within a reasonable period but in no case shall it exceed a period of six months from the date of communication.

(e) The application of the provisions of this Condition may only be varied by agreement in writing with the Registrar of the University.

(a) Research contracts are agreements between the University and an outside organisation or individual whereby the University enters into a contractual liability to carry out a specified project. Such contracts normally provide for the engagement of research staff by the University for specific periods and involve the use of University facilities and equipment. Every reasonable effort shall be made to write into research contracts provisions which will entitle Members engaged to publish the results of their work though a research contract may properly provide that publication shall be delayed for a period therein stipulated.

(b) A Member shall not without consent be bound to perform duties connected with research contracts unless the terms of an appointment specifically so provide.

(a) In accordance with the general expression of its Charter the University is committed to a policy of equal opportunities in which all individuals are selected for appointment given access to training facilities considered for promotion or other salary advancement and otherwise treated solely on the basis of their individual merits and abilities with a view to ensuring that no individual receives less favourable treatment on any ground not compatible with good employment practice.

(b) All Members are free to communicate their political religious social and academic views in private and in public provided that this is explicitly done in their own name and not in the name of the University and that the communication does not refer to any connection with the University unless it is relevant to the subject matter of the Members communication.

Every Members post-probationary service shall be subject to performance appraisal at such frequency and in accordance with the procedures set out in the document ‘Staff Appraisal Scheme’ a copy of which shall be provided to every Member.

(a) Every Member shall be generally responsible to the Council for the performance of their duties and shall undertake such duties as may be reasonably required by the Head of Department.

(b) No Member shall during the tenure of an appointment accept any additional employment of any kind without the prior permission of the University. The University will not unreasonably withhold such permission but the decision of the University as to what is reasonable or otherwise is final. (An application under this condition shall be made in writing to the Registrar through the Members Head of Department.)

(a) The appointment of a Member appointed for a limited period shall ipso facto cease at the expiration of such limited period.

(b) The appointment of a Member may be terminated by the University giving in writing one months notice (or such longer period as is required in law) to expire at any time.

(c) A member may resign by giving one calendar month notice.

(d) The normal retirement age is the thirtieth day of September next following a Members 65th birthday. A Member over 60 may retire in accordance with the provisions of Ordinance XII.

(a) Members are encouraged to undertake those outside activities which contribute to their professional development including the membership of committees and working parties concerned with matters which affect their professional interests book reviewing and writing articles and undertaking broadcasting and lecturing provided that in sum these activities do not adversely affect the proper performance of their University duties.

(b) A Member wishing to accept a retainer or regular payment for consulting work must obtain the prior approval of the Head of Department. The Head of Department shall give approval if reasonably satisfied that acceptance of the work will not interfere with the duties of the Member and that it will not be an embarrassment to the University in its negotiations with other bodies. Such approval may at any time for sufficient reason be withdrawn.

(c) Where a Member undertakes outside work it must emanate from a private address and the Member must inform clients that the Member is alone responsible for the advice given and that the University accepts no liability.

(d) In any case governed by the above paragraphs where the Member expects to make an unusual demand on the Universitys equipment material or supporting staff in the course of the extra-curricular work the arrangements for such use must be approved in advance and if appropriate a sum agreed in payment for the estimated costs of the resources to be so employed

Code of Practice on Security of Employment

Preamble
The achievement of the University’s strategic goals depends upon having a flexible and highly motivated workforce.  The University recognises that this will best be achieved in a climate of maximum possible security of employment.  It will do all it can to maintain such a climate but the ever changing financial context of higher education means that both the University and its employees will have to show flexibility and adaptability if this goal is to be reached.

This Code of Practice sets out the approach to flexibility that is required and deals with the difficult issues that may have to be faced in situations where redundancies become inevitable.  It applies to all academic and related staff employed on open ended contracts where the normal expectation may be for employment until retirement.  There are particular considerations with regard to Academic Staff laid on the University by Statute XXI (the 'Model Statute') but the Code also applies the redundancy provisions of the Statute to academic related staff.  A separate Code of Practice (Appendix Three) covers the use of fixed term contracts; the translation from fixed term to indefinite contracts and the procedures to be used in any subsequent redundancy situations.’

Part One

Re-deployment
It is important for employees and managers to recognise that the University is the employer and must have ultimate control over the placement of the workforce. Although many employees can expect to spend all of their career in the area of the University to which they are initially appointed re-deployment from one post or area to another may become necessary to respond to changing priorities and/or to help avoid redundancies. Re-deployment can be authorised only by the Operations Sub-Committee, acting on behalf of and reporting decisions to Council. The circumstances which may lead to a proposal for re-deployment may vary but in all cases a reasoned written proposal must be put to the relevant trades union with at least two weeks allowed for a written response. The proposal and any response will then be considered by the Operations Sub-Committee, and in all cases the following shall apply:

An individuals existing salary and salary expectations in their current grade will not be reduced. Any re-training will be fully funded by the University (including travel and accommodation costs if necessary).

If a subsequent vacancy occurs in the area from which an employee has been re-deployed that employee will not be denied the opportunity of being considered for that vacancy.

When any re-deployment involves a change of Conditions of Service the employee concerned will retain any more favourable conditions on an individual basis for a transitional period of 12 months.

Individual employees will have the right to use the Grievance Procedure if they feel that re-deployment is inappropriate.

Redundancy
The University commits itself to avoid the use of compulsory redundancy wherever possible and to work with the relevant trades unions to explore all possible alternatives to compulsory redundancy. It is committed to careful forward planning and management of resources in order to seek to ensure security of employment for all its employees and to sharing any financial or staffing information which may be relevant to the employment security of employees with the relevant trades union at the earliest possible opportunity.

The University will not use redundancy as a surrogate for any other, more appropriate, form of action. In particular, the University will not initiate the procedures in this Code where the use of managerial action to improve poor performance or the use of disciplinary procedures would be appropriate.

Redundancy situations can arise through financial pressures, organisational change or advances in technology. Any proposals to declare an individual post or groups of posts redundant must be placed before the Operations Sub-Committee. If the Sub-Committee accepts the proposal it shall arrange for consultations to begin with the relevant trades unions. In the case of an individual post the post holder shall also be consulted at this stage. These consultations shall include a statement of the reasons for declaring the redundancies and the exploration of alternatives to redundancy, which may include early retirement, voluntary redundancy or re-deployment.

If, following these consultations, the Operations Sub-Committee still sees a need for compulsory redundancies it shall make a recommendation to Council for the appointment of a Redundancy Committee. This Committee will be constituted as provided for under Statute XXI Part II but it shall be competent to consider proposals relating to any staff group. During the period when redundancies are being considered there shall be no recruitment of new employees in the relevant staff groups to the areas under discussion.

The Redundancy Committee shall determine the criteria to be used having regard to the principles set out below. It shall then select employees for compulsory redundancy in accordance with the criteria. The individuals so selected shall be consulted and supplied with details of the factors used in the selection process. Following this consultation the Committee will make a recommendation to Council. This recommendation shall include details of the selection criteria that have been used. If Council accepts the recommendation the employees in question will be given six months notice plus a statutory redundancy payment. Copies of the minutes of the Redundancy Committee shall be made available to the relevant trades unions.

Selection Criteria

Individual posts
Where an individual post has been identified for redundancy the criteria will be met if the Redundancy Committee is satisfied that no other similar post exists in the same area of the University. If it determines that other similar posts do exist the criteria set out below for multiple posts shall apply.

Multiple posts
The overall aim of the selection criteria are to be fair to all concerned whilst balancing the need to retain the workforce needed for the future well-being of the University. Precise criteria will be drawn up by the Redundancy Committee in the light of each redundancy situation with the following factors normally taken into account:

Skills and qualifications needed for the future

Standard of work performance

Attendance

Disciplinary record

Length of service

Most weight will be given to the first two factors. Care will be taken to ensure that objective measures, including existing performance indicators, are used wherever possible and that the criteria do not discriminate unfairly. The trades unions will be given an opportunity to comment on the criteria before the Redundancy Committee begins to apply them.

Appeals
Appeals against the application of the selection criteria can be made under the Grievance Procedures set out in the Conditions of Service or for Academic Staff as provided in Statute XXI.

1) The University acknowledges that fixed term contracts are not good models for long-term employment and is committed to reducing their use.  It recognises the responsibilities placed on it by the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.  In all cases where fixed term contracts are proposed or in place there should be objective reasons for their use.  Objectives reasons or circumstances could include those set out below.  If the University proposes to use a fixed term contract in any other circumstance the reasons will be discussed with the relevant trades union.

1. the post requires specialist expertise or recent experience not already available within the University in the short term
2. the post is needed to cover staff absence as appropriate (e.g. parental or adoptive leave, long-term sickness, sabbatical leave or secondment to another organisation)
3. the contract is to provide a secondment or career development opportunity
4. there is a need for short term input from specialist practitioner
5. the student or other business demand can be clearly demonstrated as exceptionally uncertain
6. that there is no reasonably foreseeable prospect of short-term funding being renewed nor other external or internal funding being available or becoming available. 

2) This last reason would normally include initial fixed term appointments, and short term extensions, that are supported by externally funded projects.  Each appointment shall be for the length of funding agreed by the external body.  Before any fixed term contract is offered, or extended, a statement of the objective reasons for its use must be produced by the recruiting department and agreed with Human Resources.

3) The Guide to Best Practice produced by the national Research Careers Initiative Working Group on Career Management indicates that a long-term career as a contract researcher within higher education is not possible or desirable for the majority of staff.  In contrast to other staff groups, Universities have an obligation to provide training and experience for contract research staff so that they can then meet the needs of other employers in industry and society.  Many research staff will form part of this vital flow of people at the end of their first University contract.  The University is committed to providing training and careers support and guidance to assist with this transition to other employment.

4) Statutory redundancy payments will be made to employees whose fixed term contracts expire after two years service.  Payments to employees whose fixed term contracts expire after more than five years will not be subject to the statutory limit on weekly earnings.

5) It is the University’s expectation that it will be exceptional for employees to remain on fixed term contacts for periods exceeding four years.  Each employee who remains in employment on a fixed term contract for such a period will have their position reviewed to see whether there are objective reasons, as set out above, for the continuation of the time limits on their appointment.  If objective reasons cannot be established their contract will automatically become indefinite.  Individuals who do not have the time limits removed will given details of the reasons for this decision and will be able to appeal through the normal grievance procedures.

6) Heads of Departments will monitor the funding arrangements for employees transferred from fixed term to indefinite contracts.  If the funding for an appointment ceases and there is no reasonable prospect of other funding becoming available within the Department the Head will consult with Human Resources on the possibility of employment elsewhere in the University.  If no suitable alternative is identified Human Resources will send a statement to the post holder indicating that their employment is likely to terminate.  At the same time the Head will invite the post holder to a meeting to discuss the situation and consider any proposals the post holder has for the continuation of their employment.  If, following this meeting, the Head cannot identify further funding or a suitable alternative post they will make a written recommendation to the Operations Sub-Committee for the termination of the post.  The post-holder will be given a copy of this recommendation.  If the Operations Sub-Committee upholds the recommendation the statutory redundancy provisions will apply and Human Resources will give the post holder written notice in accordance with their Conditions of Service.  At the same time the post holder will be informed of their rights to lodge an appeal, within ten working days, to a panel of three persons in accordance with the standard appeals process. 

7) The Operations Sub-Committee can approve proposals to offer indefinite contracts to core employees in the larger self-funding Institutes/Sections on the understanding that compulsory redundancies may be needed if the financial position in these units worsens.  In this context core employees are those whose activities are central to the continued functioning and development of the Institute/Section in question.  The use of a fixed term contract for any employee in these units would have to be supported by objective reasons. 

Approved by Council 19 July 2005