The University is obliged to ensure that it uses the appropriate method of contracting for all its workers. The following guidance should assist you in determining the appropriate arrangements. However, if you are uncertain as to how you should proceed, please contact your Faculty HR Manager. If you believe that you need to engage someone under a Contract for Services, please contact Rashi Jain, Senior University Lawyer.
This should be the most frequently used form of University contract. All such full-time and part-time appointments carry full employment rights with no fixed end date. University recruitment and selection procedures must be used when engaging under such a contract. Minimum duration of employment will normally be 3 months.
The University believes that fixed-term contracts should not be used unless absolutely necessary. Full guidance on the use of fixed term contracts can be found in the relevant section of the HR website.
It is important to note that in circumstances where there is a continuing need to fill the role after the end of the fixed term contract, for instance if a substantive member of staff who is on maternity leave or long term sickness absence does not return, the normal expectation would be that the person who has been employed on the fixed term contract would be given the opportunity to fill the continuing role. In this case, there would be no requirement to advertise the post. This would apply both for an open ended/ permanent post and a need to utilise a further fixed term contract. To not follow this process could result in a claim of unfair dismissal as the role the person has been filling is continuing. The only exception to this is if the role that the person is covering on a fixed term contract is substantively different to the role that is continuing. For instance, if someone is appointed as a Temporary Lecturer to provide maternity cover but is covering only the teaching and administration duties and not the research component of the substantive member of staff’s role. In this case the job description for the temporary cover role would need to reflect these differences, and this may also mean that the grading would be different.
The hourly-paid teacher's Statement of Particulars of Employment (contract) is used where a school or department is engaging an individual to deliver teaching for four consecutive weeks or more (or if there is a pattern over a longer period of, for example, every other week for 6 weeks). This contract is generated by an administrator using the HR Information Management System (PIMS). The role will be to undertake teaching, preparation for teaching activity, assessment and other related duties. For a description of the roles see the summary of hourly-paid teacher descriptors. For guidance on issuing the contract, see Guidance notes for issuing of hourly-paid teacher Statements of Particulars of Employment (contracts) and fee claim forms. The contract provides all details of the terms and conditions of the employment. For full information please see the hourly-paid teachers section of the HR website.
There may be times when you will need to engage a short term temporary worker (usually in the secretarial/administrative or catering field) and will choose to use one of the University’s “preferred agencies” to supply the worker (see the Temporary Staff section of the Recruitment web pages for contact and price details). Such temporary staff are not employees of the University and will be paid direct by the Agency. Their terms and conditions of employment (other than the work they are engaged to do) are also governed by the Agency. The benefit of using the Agency is that they have access to a pool of readily available workers and can select from that pool (with your involvement if you wish) a suitably qualified and experienced individual for your team. There is no limit to the length of time for which you can engage a temporary worker under this arrangement. However, it is usually not economically viable to maintain such an arrangement for a long period, and generally it will be more desirable to move towards employing somebody on a full or part time basis under the normal University terms and conditions.
Where such staff require access to university facilities such as e-mail, please complete the non-academic ‘honorary’ staff record form.
Staff are regularly engaged by the University on casual or short-term appointments to meet changing demands, peak workloads etc. In some areas, departments are heavily reliant on ‘casual’ staff. There are also appointments made where the work is more regular but does not exceed 3 months. You should be aware that such staff will be deemed to be ‘employees’ and hence have rights to rewards and employment protection as would any other employee.
Casual and short-term workers are statutorily entitled to the following rights:-
In addition, under the Employment Rights Act 1996 all staff who are employed for at least four weeks are entitled to a statement detailing the particulars of their employment.
The European Working Time Directive applies to casual and short-term appointments/workers, therefore, making it important that the correct procedures are followed.
Where you need additional support for a period of more than four weeks but less than 3 months and you are able to identify an individual who can provide that support, then you may choose to engage them using a short term contract. A short-term contract may be used to cover a whole range of different activities, including technical, research, clerical/secretarial, manual/catering, but can only be used for a maximum of 3 months. Where the work is going to last for longer than 3 months, or where the work is extended beyond the initial 3 months unexpectedly, you will need to employ on a fixed term or open ended University contract (see above).
Where the work is genuinely ‘casual’ i.e. will be on an ‘as and when required’ basis then a casual contract should be used.
Recommended standard contracts specifically designed for the employment of both types of staff can be found online.
Where a fixed term or permanent contract is being raised after a period of casual or short-term service, please ensure HR Services is informed of this fact so that an appropriate continuous service date is given to the member of staff.
Where there are standard rates of pay applicable (e.g. clerical/secretarial, demonstrating) please ensure these are offered to the member of staff.
The University’s own Careers Service may be able to assist finding students for such short-term vacancies for you.
Where such staff require access to University Facilities such as e-mail, please complete the non-academic ‘honorary’ staff record form.
It is not necessary to use any of the above measures when you are engaging someone to work for a period of less than four weeks. In this situation you would simply use the “Fees Claim” system. However, it is strongly advised that you should issue a letter to the individual before the start of the arrangement, giving details of work to be done, hours to be worked, rate of pay etc., in order to ensure that no misunderstandings can arise at a later stage.
There are occasions where you may wish to engage an individual to carry out a one-off piece of work, for which a consultancy arrangement is most appropriate. This is likely to be in circumstances where the department specifies the work to be done and the date by which it is to be completed, but beyond that the individual has freedom to carry out the work in the manner and at times of their own choosing. The normal expectation would be that the work is not carried out using University premises or property. This arrangement may also be used where a recognised “consultant” such as a trainer is brought in to deliver a service, such as a specific training course. The individual may have self-employed status with the Inland Revenue. Where a contract for services seems appropriate, please contact your Faculty HR Manager in the first instance. If it is agreed that a contract for services should be established, Rashi Jain, Senior University Lawyer, will assist you in ensuring that an appropriate contract, with appropriate insurance cover etc. is drawn up.
