Fixed Term Contracts - Issues
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What's New
August 2008
There is a revised version of the letter requesting confirmation of transfer to a permanent contract. Under the Fixed-term Employees [Prevention of Less Favourable Treatment] Regulations 2002 you are entitled to a permanent contract with the university if you have been employed for 4 years or more on fixed-term contracts including at least one renewal unless there is an objective justification.
Download the new version of the letter here. |
May 2008
There has been a landmark employment tribunal ruling in Aberdeen concerning the transfer from fixed-term to permanent contract. There is a briefing here and a complete copy of the ruling here. |
| May 2007.
Fixed Term Contract Working Party - Review Meeting 22 May 07.
The last meeting of this Working Party was August 2006. We reconvened expecting to review implementation of the conclusions of that earlier meeting (the tentative agreements on the policy to transfer staff off FTCs and on to OECs). These were also to be formally agreed between union and university. This never happened. Now we know why. The new Director of HR has withdrawn that vesrion of the policy for further consideration.
In addition, it now transpires that progress on converting contracts has been patchy at best and there are still hundreds of members of staff on the books who had had to put up with FTcs for many, many years. The most significant element of the draft policy was the statement of Objective Reasons - the reasons that an employer must state if they wish to impose an FTC on a member of staff who has been here for four years and has had at least one extenson to their original contract.
The new Director of HR believes that this will allow 'too many' conversions from FTCs to OECs and the university cannot afford it. Thus there is now no agreement on mutually acceptable Objective Reasons between the union and the university. We envisage that most will not be acceptable to UMUCU.
This means a lot of work for our lawyers and this was pointed out at that meeting. So - what is the current advice to members of staff currently on Fixed Tem Contracts who believe they are entitled by law to have an Open Ended Contract? It is simply join the union.
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April 2007. The Ulster Case One of the first Tribunal decisions following the implementation of FTWR. If there are any lessons to be drawn, it is 'if you can do some taeching, do it'. An issue that the Tribunal has to decide is whether you have selected a fair comparator. One of the problems a researcher might face is that without doing any teaching it will be more difficult to get the tribunal to accept a member of lecturing staff as a comparator.
The panel's view of the HR director's arguments as "simply breathtaking in their arrogance and inadequacy" might make it just a litte more difficult for the Ulster Director of HR to ever get another job.
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March 2007. UMUCU was pressing forward with Employment Tribunal proceedings for a FTC member who was being made redundant. UMUCU were challenging the Objective Reasons offered by the university. The matter was settled before the tribunal sat and the member now has an open-ended contract.
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June 2006. 10 July 2006 has come and gone, and we will see how successfull the University is in switching the majority of FTCs to Open contracts. A Working Group has at last been meeting to reccommend policies and procedures. On it are representatives of the three campus unions together with the Director of HR, Associate VP for Research, and an HR manager. Here's what you can do.
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June 2005. Pay settlement. This brought significant and substantial increases for colleagues near bottom of the scales. This is the most tangible result of the AUT's strike last year which directly led to the inclusion of the 'No Detriment' clause in the 2005 Pay Deal.
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May 2003. A report co-authored by our very own recent Director of Personnel. It is 'Supporting Research Staff: Making a Difference' a deliverable of the Research Careers Initiative 'Good Management Practice'. Read it, look around you, and ask 'why isn't it happening here?'.
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February 2003. Yet another academic report highlighting the insecurity of fixed-term contracts ' ....there is strong evidence that it causes uncertainty, personal distress, and leads to avoidable mobility of staff tpwards the end of fixed term contracts...'. It is 'Resolving Human Issues in LIS Projects' (go to Reports) published by the Higher Education Consultancy Group for the Joint Information Systems Committee of the Research Support Libraries Programme.
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January 2003. Department for Education and Skills - Higher Education Strategy (White Paper).
Newspaper coment so far has focused on the fees issue, but in the report there is mention of a 30% increase in research spending in 2005, and an 'average salary increase of £4000 for researchers'. In Tony Blair's speech at Camden on 24/1/03 (the day following publication of the paper) he made specific reference to poor academic salaries. Details to follow.
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November 2002. Publication of the Select Committee on Science and Technology
report on short-term research contracts of employment. Quite a damming indictment of the academic establishment.
The Education Guardian article on it.
The government has furnished its response to the report, also interesting reading.
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October 2002. What you ought to know about theFixed Term Working Directive.
This law is now effective (from October 2002), and the unions have had a dialogue with employers, at a national level, about how to interpret the law. The result of this is the JNCHES Guidance for Higher Education Institutions on Fixed-Term and Casual Employment. Happy reading.
In practical terms, it means that from now on the clock is running. Th university can give you a succession of fixed-term contracts until a period of 4 years have elapsed. They cannot give you another one unless they can justify it. The reasons for justification have yet to be negotiated with the unions.
To strengthen the hand of the AUT in these negotiations, the AUT needs to have a broad membership among fixed-term staff. If you choose not to join, the consequence may well be that the university continues the present practice whereby renewal of contract is subject to the unconstrained whim of your line manager. Consider where your best interests lie, and join the AUT.
The DTI has also published guidance.
Alan Williams' article in Next Wave.
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The Roberts Report
Published in April 2002. The formal title is "The supply of people with science, technology and engineering skills". Has a chapter on Higher Education with a number of references to CRS issues.
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FTC Working Party
Set up on 13 July 2000, and concluded having had four meetings. The participants were the University management and MAUT.
Representing the University were Katherine Perrera (Pro-VC), Bernard Kellet (Personnel Director), Andrew Mullen (Personnel Manager), Niel Ferguson (Head of RGSU), and Jane Shelton (Finance); and representing MAUT are Trevor Dewse, Penelope Gouk, Alan Williams, Judith McGovern and Ian Robertson (Chairman).
Terms of Reference were:
- To find ways to reduce as far as practicable the use of non-standard contracts within the University
- To review data regarding the numbers and types of non-standard contracts currently in use at Manchester
- To consider whether there is evidence of discrimination related to the use of non-standard contracts at Manchester
- To review the use of non-standard contracts with respect to the University mission
- To consider the effects of non-standard contracts on the quality of life of University staff
- To reach an agreed outcome in terms of a joint report and reccommendations to the University [by the end of the current academic session]
A 'standard' contract is one that ends on an individual's date of retirement, and any termination by the University before that date comes under University Statute XVII.
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Contents:
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Survival guide for younger (and not-so-young) colleagues
Notwithstanding how short your contract is - maybe only
months - plan for the future!
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Superannuation. If you have the option of joining USS, then do so
if there is any way that you
can afford it. If you contribute to USS, the university also contributes
the equivalent of 6% of your salary. Ultimately, this cash is yours. If
you don't contribute, neither does the university, so their potential contribution
is lost if you opt out.
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Training. Take every opportunity
of getting training. Not only training suitable for your current position,
but also training that can help your career progression. You will be under
a lot of pressure to concentrate on project work, but remember that your
salary stops when the project finishes. If anyone tries to block you getting
training (e.g. 'because its not relevant to the project'), contact
the AUT.
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Networking. The chances are that
you will find your next contract (either here or elsewhere) by virtue of
your own efforts. A key factor is your network of contacts. Use every opportunity
you get (such as conferences, workshops, contacts with industry) to extend
that network.
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Know your rights and responsibilities.
Read the university's Code of Practice on the Employment of CRS. Read the
Concordat. Read the reports of the RCI. Yes, they are boring documents
on the whole, but there aren't that many to go through. Try and do one
a month. Knowing what's in them puts you at an immediate advantage.
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Keep tabs on current issues.
In particular, subscribe to the two FTCS-oriented mailing lists.
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Contract extension. As far as
the university is concerned, you are redundant as from the end date of
your contract. Notwithstanding what any individual member of staff might
say, any promised extension is 'pie in the sky' until you get a new contract
in your hand. Treat verbal promises made by individuals with great caution - they might mean
little to the Personnel Department.
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Named Researchers. If you are writing a grant proposal on behalf of a member of the teaching staff, endeavour to write yourself in as a 'named researcher'. Otherwise there is no obligation on the part of the university to employ you on that grant were the proposal to be successful.
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Keep a record of how much time you actually spend working (including of course time spent working at home). You never know when this might come in useful.
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Isolation. This is a common situation for individual researchers. If it is a problem,
seek to broaden your horizons by, for example, developing an interest in FTC issues or getting involved in the affairs of your department, or seeking election to Senate.
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Promotion. You are entitled, like other staff, for consideration for promotion, advancement or discretionary points. If you're near the top of your scale, start thinking of promotion. Check the Code of Practice on the Employment of CRS (also available from the Personnel department) for descriptions of work in the different salary grades as well as guidance on the process. If you are a member of AUT, have a look at LA/6362 Promotion procedures and criteria (1998).
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Join the AUT.
The CRS Situation
You know that contract researchers have very little job security.
Unlike contract working in industry, contract research staff are not paid at a salary level which compensates
for this insecurity. The excuse for this is 'finite funding', i.e because the funding is guaranteed for only a finite period of time, employment contracts must also be for a finite period. Of course the truth of the situation is that no university funding is 'guaranteed'.
This situation cannot improve our productivity. Unless a researcher
has some assurance that a contract will be renewed, it is inevitable that
time and effort will be spent during the latter part of a contract looking
for a new job.
There is a perception that an researcher post is simply a short-term
fill-in between gaining a PhD and becoming a lecturer (and this is the
stated view of the EPSRC). In reality, this is no longer the case.
Many researchers view research as a career, and there is a wide age
range. In fact some move from industry to academia to undertake research. There is also a view amongst certain senior academics that researchers should move between Universities
when they change contracts, in order to 'propagate knowledge within the
research community' (so much for the 'wired world'!). Some say that contract researchers would never leave if they were on permanent contracts. And there are other rather bizarre notions that are simply excuses for keeping people on FTCs. But for many people this may not be possible because
of family commitments. Staff on short contracts have an additional problem
here, because building societies, etc. are not always willing to lend them
mortgages.
As research is increasingly seen as a career some researchers are building
their expertise and reputation to the point where many have a higher profile
than permanent lecturing staff. This must be a positive asset in developing
research themes and gaining funding. As research is an increasingly important
source of revenue, one would think that this is just the kind of development
that universities would most want to encourage. Instead, rather than invest
in their researcher assets, the policies seem to look to this area for
cost savings, to shackle researchers with unrealistic contractual conditions
and, as a consequence, to drive expert researchers into teaching posts
or the private sector.
What are the numbers?
We can refer to the HESA stats for the most recent year available: 99-00. 'Academic' staff, according to HESA, are those on the scales of LecturerA,B, Senior lecturer and Professor; Clinical lecturer, Clinical senior lecturer and Clinical professor; Research grades IB, IA, 11, III, IV.
There were 3290 such members of staff in that period. Of those, 37% were on a permanent contract and 64% were on a fixed-term contract.
Of those in Research grades, 99% of IA were on fixed-term contracts, as were 100% of IB, 94% of II, 88% of III and 86% of IV. So not all researchers are on fixed-term contracts, just nearly all.
43% of colleagues who were lecturing staff were on fixed-term contracts.
Research Proposals
The opportunities for applying for research funds are not the
same for contract staff as for tenured staff. Contract researchers
are often forbidden from submitting applications in their own right
due to the rules of either the funding body or the institution. For
example the EPSRC forbids grant holders to pay their own salary out of
grants, yet the ESSRC allows it.
Institutions can have varied attitudes towards proposals written by
CRS. The two examples below will highlight the value of checking an institution's
attitude prior to accepting an appointment there or collaborating
with staff at that institution in proposal preparation.
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One researcher (not at this university) received congratulations from a
University Principal for successfully having raised the funds for a one-year
research project. This would not be remarkable except that she had been
gathering research funds for years. The project on which she had been congratulated
raised a fraction of the funds that she had previously raised. However,
the previous project applications had all required to be the name of a
permanent member of staff. The researcher's name could not appear on the
project as other than researcher, and thus no credit had been previously
accorded her for her success in raising funds.
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Make certain before you apply for research funding that you will be the
person employed on the project. In at least one university it is common
practice to remove author/co-author's names from proposals if they were
not permanent members of staff, and neither were these authors/co-authors
cited as named researchers. It is thus quite possible for a researcher
to successfully raise funds only to find him/herself unemployed.
Make absolutely certain that any research proposal you write - or collaborate
in the writing of - will, at the very least, guarantee you employment on
the project should the application be successful. Research Councils in
general approve of having 'named researchers'. The PPARC has run
a (temporary) scheme to encourage proposals from inexperienced (?) CRS.
Waiver Clauses at Manchester University
This university has agreed through negotiations with
the AUT to dispense with REDUNDANCY waivers. There should therefore be no reference
to those waivers in your contract.
In addition, the government made UNFAIR DISMISSAL waivers illegal from 25 October 99 (commencement order for Section 18 1999 ERA).
Sometimes mention of them does creep in through
clerical error. If you have any problems, and you're a member of AUT, contact
us.
Finding Another Job
Networks
It is a fact that you are more likely to find a new job through people
that you know. The moral is, then, to take every opportunity to
cultivate your personal network of contacts whilst you still have a job.
The University
The University does not appear to offer any assistance to a redundant researcher
in maintaining research interest or finding another job, but this may slowly
change. The Code of Practice refers to `Arrangements for redeployment
at the end of the period of grant support' (para C.4).
It says that `all reasonable support will be provided beyond the formal
termination of employment if requested by the individual researcher'. So
there you are. Request it, and if you don't get it, and you're a member,
contact the AUT.
All University vacancies are advertised: some in the National and Local
press; in This Week; the Personnel Department maintains a page
of vacancies.
Keeps you up to date with the job market.
University Careers Service
The University careers service are helpful and maintain much careers information.
The Code explicitly states that `University careers services are available
to staff on fixed term contracts', so things are improving. Go along to
the workshops they run, or have a 1 to 1 consultation. To get most benefit
from the latter, see them outside of term time.
Your CV
There is a centralised CV service at CVs.ac.uk. Its too early to say how successful it is, but it might be worth popping in your CV.
Job Centre
Don't expect any assistance here, though you do have to "sign on" to receive
unemployment benefit. After three months unemployment, you can attend a
seminar/workshop if you want help in considering a change of career. And
after six months unemployment Job Clubs are available.
Some have had trouble in the past claiming dole because of the eligibility
rules - eligibility being based on contributions paid during two earlier
tax years (e.g. if you claim in 1995, the tax years April 1992 - April
1994).
Other Sources
Have a look at the useful collection of links at Internet
Job Search Directory run from Strathclyde; or the U.S.-based Research Network.
When you leave
Redundancy Pay
If the staff member has more than two years of continuous service
with this University (including having been on a continuous succession
of short term contracts), the University will pay statutory redundancy
compensation if the period of the contract expires.
This amounts to one week's pay for each year of service if you are
under 41, one and a half week's pay if you are over 41, but with a cut-off maximum
of £310 for a 'week', and only up to a maximum of 30 weeks (the maximum 'week' amount gets reviewed annually).
See the DTI website for up-to-date details.
The university tries to pay out on the last salary, but 'more often
than not it is usually 2 or 3 weeks later accompanied by a letter' from
Personnel Dept. The difficulty for the Personnel Department is that many
contracts are renewed at the last minute.
To be sure of it, you can apply for in writing to the Director of Personnel
when you know you are about to leave, and that your contract will not be
renewed. However you probably have about three months after leaving to
make this application.
Note that it may not be in your
best interests to chase the payment. The reason for this is that if
you find another position at this university, and you have received your
payment, you will embark yet again on a two year `no redundancy payment'
period. If you have not received it, the university will probably judge
that you are `continuously employed' and treat you as never having left
(for the purposes of redundancy payment). So, if you don't desperately
need the cash, and might get another post here, try to delay getting it.
Note that: if you haven't done two years when your contract expires,
you get nothing; if you have done two years and 1 day, you get some redundancy
compensation (that's the law).
For further information about redundancy pay contact the Personnel Office.
The University's former official policy is given in the Staff Handbook
(Page 86 in 1995 edition).
Superannuation
Redundancy, and a consequent gap in employment will of course affect
your pension. It is unlikely that your pension entitlement would be affected
by a short gap, but whilst you are not actively paying into the pension
scheme, your life insurance cover is much less than when you are in service
with the University.
If you are over 50, and are made redundant at the end of a fixed term
contract, you can elect to retire. USS accepts that termination of fixed
term contracts could be redundancy qualifying members for immediate payment
of pension (again AUT vs Newcastle).
Mitigating the effects
The university has stated that it wishes to ease the transition. Please
get in touch with MAUT if, after you have left, you find that there
is a service of the university that you need to continue your interests.
Three services spring to mind. The first is to maintain your email address
for a reasonable period (six months?), the second is to allow you some
access to the library (annual cards not related to contract period may
help here) and access to the Careers Service. They are certainly sympathetic
to the needs of CRS.
And don't forget to give the Porters your forwarding address!
AUT Membership
The AUT has a category of membership called Attached which is
available to members who are registered as unemployed. The Central monthly
subscription for this category is nil. If you wish to become an Attached
Member of Manchester AUT there is an annual fee to cover postage etc of
£3.60. Let MAUT know if you wish to become a member of the Central
group or remain attached to MAUT.
Ways forward
(Anti-)Casualisation Drive
There has been an enormous growth in the numbers of people on temporary
contracts in the Higher Education sector. At Manchester the percentage
of Academic and Academic Related staff on such contracts is approaching
50%. Higher Education is, believe it or not, now one of the most
casualised areas of UK employment. The AUT is determined to reduce the
number of staff who are on temporary contracts (ie fixed-term, hourly paid
etc). It is bringing forwards at each institution a draft proposal to restrict
the usage of temporary contracts. This has resulted (eventually) in the creation of a Working Party to address the issue, referred to in What's New above.
Concordat - CRS Career Management
The Concordat is an agreement on the career management of contract research
staff. It is the result of discussions between the Committee of Vice-Chancellors
and Principals (CVCP), the Standing Conference of Principals (SCOP), the
Committee of Scotish Higher Education Principals (COSHEP), the research
councils, and the British Academy. Note the exclusion of the AUT or any CRS from that worthy
list. The one organization which can say that it represents the views
of CRS was excluded from discussion on CRS career structure. How absurd
can it get? Notwithstanding this, the AUT has succeeded in indirectly influencing
the contents of the document. If implemented in institutions, it will go
some way to improving conditions for contract researchers, not so much
here at Manchester, but at those establishments that think research is
a McJob activity.
The Concordat became effective from 1 October 1997. A commentary on
it is available from the CVCP web site. If you'd like hardcopy, the
Research and Graduate Unit have them. Ring 52068.
This was a national committee set up to monitor the implementation of the
Concordat, and it firts reported in October 1998. That report contains
about 30 recomendations that need to be followed through at a local level.
The local co-ordinator has been appointed, he is the Director of Personnel
Mr. Bernard Kellett. You can bring yourself up to date with RCI reports
on Training, Career Guidance, and Best Practice, all available from the
CVCP site linked to the heading above.
Supply of Engineers and Scientists
This report (published April 2002) was commissioned by the Treasury from Sir Gareth Roberts. It surveys the output of trained scientists, technologists, and engineers from the education system, considers the consequences of current trends and makes a number of reccommendations. It covers all of education - schools through to university and industry. One is inclined to yawn at his reccomendations for CRS, however at least he expressed concern. Its more evidence for 'something must be done'.
Redundancy Consultation
Redundancy can cause many problems to an individual: practical, financial
and psychological. As the employer of a researcher about to be made redundant,
the university must provide some form of redundancy consultation
(its the law). This is to see if the redundancy can be avoided by re-deployment
elsewhere in the university, and as a way of addresing the university's
legal obligation to mitigate the effects of redundancy. There is
not much evidence that this is actually happening, partly because of the
difficulty the university authorities have in identifying the line manager
of a particular member of staff.
Bridging Funds
The provision of bridging funds by the University for the temporary employment
of researchers between contracts, would be an acknowledgement by the university
both: that research is a career option; and that the research performed
by researchers is essential to maintaining the research profile of the
university. It could also be cheaper for the university than the payment
of redundancy compensation.
Bridging funds are in already in existence in some research groups,
and, if they can do it, why can't the university as a whole? One reason
might be that some PIs see Grant money as `theirs' and don't want to see
any more of it top-sliced by the university to build up such a fund.
Web Resources
Email discussion group - FTCS
Aimed at all academic and related staff on fixed term contracts. To join
the list send a message to majordomo@leeds.ac.uk and put in
the message body subscribe ftcs, you can ignore the `subject' line.
The list is there to:
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publicise events of interest to FTCS;
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share information amongst the FTCS community;
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coordinate campaigns on terms and conditions of employment;
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provide mutual support for individuals;
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provide for general discussions on relevant topics.
Other Web Resources:
Excellence in Science article April 2002 by Rachel Fletcher 'Improving Life for Contract Researchers'.
Science Magazine devoted an issue to post-doc issues in Canada.
Colin
Bryson's pages focus on research and detailed policy developments,
with extensive bibliography lists and details of currently ongoing studies.
The DTI and ACAS are useful references for the legal points and good practice.
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Academic Research Careers in Scotland. For robust evidence of the reality of research "careers", look at the
ARCS report (Academic Research Careers in Scotland) from SHEFC (Scottish Higher Education Funding Council). The Scottish experience seems to be the same as elsewhere in the U.K.
October 2005
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