Particular terms and conditions of employment for staff on grades J and above (and equivalent)

Contents

  1. Working hours
  2. Initial service review
  3. Holiday
  4. Pension
  5. Termination of employment
  6. Outside work

1. Working hours

Staff in these grades:

  1. do not have specified hours of work and have the professional autonomy to work flexibly as required to meet the demands of their job. Part-time appointments will be specified as a fixed percentage of a full-time contract.
  2. have the right to a reasonable workload which allows them to contain their work within socially acceptable working hours. A Workload Agreement provides a framework for determining reasonable demands and resolving any difficulties which emerge. A copy of this agreement is currently available at http://www.bris.ac.uk/hr/policies/; and
  3. will not be entitled to any overtime payment or formal time off in lieu (“TOIL”) but will be able to work flexibly to keep their hours within reasonable limits.

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2. Initial service review

2.1 All new appointments are subject to an initial service review period in accordance with the Initial Service Review Policy (Appendix A of Ordinance 10, secion 2). The first 12 months of employment will comprise the initial service review period. This may be extended subject to Ordinance 10, section 2. During the initial service review period suitability for the post will be established. Throughout the initial service review period a member of staff's suitability for the post will be reviewed and if found satisfactory their employment will be confirmed at the end of the period. For further information please see the Initial Service Review Procedure (Ordinance 10, section 2) and the Initial Service Review Policy (Appendix A of Ordinance 10, section 2) which are currently available at http://www.bris.ac.uk/hr/policies/

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3. Holiday

3.1 Holiday pay will be calculated using the basic rate of pay. All entitlements are pro rata for part-time staff. (See 3.4)

3.2 The annual leave entitlement for full-time staff, effective from January 2007, is 40 days made up as follows:

  1. Annual leave (25 days)
    Staff will be entitled to 25 days to be taken at any time during the year, subject to operational requirements and the approval of the Head of Department who will not unreasonably withhold consent. (Clinical Lecturers, Consultant Senior Lecturers and Clinical Professors – Refer to NHS Annual Leave Entitlements).
  2. Public Holidays (currently 8 working days)
    Staff will be entitled to paid leave currently on New Year’s Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, late Summer Bank Holiday, Christmas Day, Boxing Day.
  3. University closure days (7 working days)
    Staff will be entitled to paid leave currently on Easter Tuesday, the day after Late Summer Bank Holiday and on 5 other days to be fixed each year around the Christmas break.

3.3 Holiday in addition to the above entitlement may be taken in the following circumstances:

  1. Recognised First Aiders (1 additional day)
    Staff who become a trained and departmentally recognised first aider are entitled to an additional day’s holiday in each year in addition to the above entitlements while they continue in the role.
  2. Union Safety Representatives(1 additional day)
    Union safety representatives are entitled to an additional one day’s leave in each holiday year in addition to the above entitlements, while they continue in the role.

3.4 Part-time staff are entitled to holidays, holiday pay is calculated on the same basis as full-time staff, pro rata, i.e. the proportion of FTE x 40 days (+ any additional allowance). For example, staff working 0.6 FTE are entitled to 24 days (0.6 x 40). Where public holidays and University closure days fall on a normal working day, the appropriate amount of hours for that day should be deducted from the overall total.

3.5 General principles

  1. The leave year runs from 1 January to 31 December.
  2. Requests for leave should be submitted with reasonable notice.
  3. Individuals are entitled and strongly encouraged to take at least 10 days of their annual leave entitlement in either a fortnight block, or two individual weeks during the leave year.
  4. In the first year of service, annual leave shall accrue in proportion to completed calendar months of service in that leave year.
  5. In some cases leave may be fixed by the University subject to group and operational requirements. Consultation will take place with staff prior to the beginning of the leave year in such cases. No more than two weeks’ annual leave will be fixed in this way.
  6. Annual leave shall normally be taken in the year in which it accrues, and not more than 5 days’ entitlement may be carried forward into the following year, unless exceptionally agreed by a member of staff’s Head of Department.
  7. All staff accrue leave entitlement during paid sickness leave. Where staff have not been able to take their full leave entitlement in any given leave year due to sickness absence, they are entitled to carry forward a maximum of twenty days' leave to be taken during the next leave year. No payment will be made for any untaken leave.
  8. If staff are off sick during their holiday, the holiday entitlement will only be reimbursed upon production of a medical certificate. Employees will not be similarly reimbursed if they are sick during Bank Holidays, or any other days of University closure.
  9. Holiday entitlement is calculated on full months of service i.e. total annual entitlement divided by number of full months’ service in any leave year and rounded up to full days’ leave entitlement.
  10. If, on the termination of employment, staff have taken more holiday than their accrued entitlement, a sum in respect of the excess holiday taken may be deducted from any sums due. If, on the termination of employment, staff have accrued but not taken holiday entitlement, the University may either require them to take such untaken holiday during any notice period or make them a payment in lieu of such untaken holiday. Any deduction or payment in lieu made shall be calculated on the basis of 1/260th of staff’s basic annual salary for each day of excess or untaken holiday (as appropriate).

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4. Pension

4.1 Staff on grades J and above (and equivalent) will be eligible to participate in the Universities Superannuation Scheme (USS), subject to the rules of the scheme.  On taking up employment, new staff will be enrolled into this scheme with effect from their appointment start date, although they may exercise the right to opt-out.  Membership of USS is subject to the terms of the scheme’s trust deeds and rules and the law in force from time to time

4.2 The University operates a Pension Salary Exchange scheme for eligible staff in USS. Under the Pension Salary Exchange scheme, basic salary and any other pensionable pay elements are reduced by an amount equivalent to the normal employee pension contributions. The University will increase its contribution by a corresponding amount. The Pension Salary Exchange scheme enables staff to make National Insurance savings.

Under the rules of the Pension Salary Exchange scheme, new employees who become members of USS, and who are eligible to participate in Pension Salary Exchange, will be automatically enrolled in the arrangements unless they opt out.

Where staff are in the Pension Salary Exchange scheme, the University will use the term “Reference Pay” to mean basic salary before taking account of any Pension Salary Exchange. The sum of the post Pension Salary Exchange salary and pensionable allowances, together with the full value of any non-pensionable allowances, will be referred to as “Adjusted Pay”. Please refer to the Pension Salary Exchange Scheme at http://www.bris.ac.uk/hr/salaries/sal-exchange/ for further information.

Where staff do not participate in the Pension Salary Exchange scheme, they will pay employee pension contributions as requested by the rules of the pension scheme. The University will deduct these contributions from the member of staff’s salary.

4.3 Membership of USS is subject to the terms of the scheme’s trust deeds and rules and the law in force from time to time.

4.4 Staff who join the Faculty of Health Sciences and who are existing members of the NHS Scheme can either stay in that scheme or join USS. Under the rules of the NHS Pension Scheme, the University is unable to operate a Pension Salary Exchange Scheme for the NHS Pension Scheme.

4.5 The University reserves the right to amend or discontinue the Pension Salary Exchange scheme should the University determine that it is appropriate to do so, taking account such relevant matters from time to time including changes to UK tax and National Insurance Contributions legislation.

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5. Termination of employment

5.1 Members of staff are required to give the University 3 months' notice of termination of their employment. Staff who have teaching responsibilities are required to give 3 months' notice in writing, expiring on 31 December, 31 March, 30 June or 30 September unless varied by agreement with the manager.

5.2 Staff are entitled to receive 3 months’ notice of termination of their employment.

5.3 In the event of dismissal by reason of redundancy staff will be given a minimum notice provision as follows:

  1. With the exception of staff covered by paragraphs (5.3.2) to (5.3.5), for whom protected arrangements will instead apply, staff will be given a minimum notice provision as follows in the event of dismissal by reason of redundancy:
    Period employedNotice period
    Staff employed by the University for less than 5 years 3 months
    Staff employed by the University for at least 5 years but less than 7 years 4 months
    Staff employed by the University for at least 7 years but less than 9 years 5 months
    Staff employed by the University for 9 years or more 6 months
  2. All staff employed by the University on a permanent academic or academic related contract before the 1 October 2004, or offered such employment on such terms before that date, will retain the right to a minimum of one year’s notice in the event of redundancy.
  3. All staff employed by the University on an academic or academic-related contract at the 1 October 2004 and who were offered a permanent contract on or after the 1 October 2004 will be entitled to a minimum of 6 months’ notice in the event of redundancy.
  4. All staff employed by the University on a permanent support staff contract at 30 April 2006, and those employed at that date on a fixed term contract who subsequently transferred to a permanent contract, will be entitled to a minimum of 6 months’ notice in the event of redundancy.
  5. The employment of a member of staff, who is employed on a fixed term contract and who is subsequently selected for dismissal in a situation of general redundancy, will end either at the termination of the fixed term contract or following 3, 4, 5 or 6 months’ notice of redundancy in accordance with his or her length of service as set out in (5.3.1) above, whichever is the earlier.

5.4 The University is entitled to dismiss staff at any time without notice or compensation if staff have committed any act of gross misconduct. See Ordinance 10, section 4 on conduct.

5.5 During any period of notice of termination (whether given by the University or a member of staff) the University:

  1. shall not be obliged to provide any work for that member of staff and may withdraw any powers vested in or duties assigned to that member of staff or assign him/her to other duties;
  2. may exclude that member of staff from any premises of the University or any associated NHS Trusts; and/or
  3. may require that member of staff not to contact or attempt to contact any specified employees of the University, or of associated NHS trusts, or students and patients provided always that throughout any such period the member of staff will continue to receive their salary and any other contractual benefits and their contractual employment obligations shall remain in full force and effect including their duties of good faith.

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6. Outside work

6.1 Staff will not be directly or indirectly employed or engaged in any other business or undertaking to the extent that such engagement prevents or inhibits them from carrying out their duties or puts them in a position where their interests conflict with those of the University.

6.2 For further details relating to outside work for academic staff only see policy currently at http://www.bris.ac.uk/hr/policies/.

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