1. Regular/Substantive contracts
Open Ended/Permanent Contract
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. The minimum duration of employment will normally be 3 months.
There are occasions when employment on a fixed-term basis may be appropriate. Possible reasons for a fixed-term contract may include: Funding, Maternity Cover, Sickness Absence, Teaching buyout/Cover and Sabbaticals.
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, please consult your HR Business Partner
Please note, that if an individual is engaged on a fixed-term basis on a successive basis for 4 or more years, the position becomes Open-Ended/Permanent.
2. Variable & Part-Time working in Education & Research
Within Higher Education there are specific provisions made for individuals working in teaching or research activities as detailed below:
Part-Time & Variable Hours e.g. Teaching Fellows
These support the academic staff and contribute significantly to the teaching activities across the university by providing some of the following input:
Specialist professional contribution, which is not available from existing academic staff
Teaching cover for lecturers undertaking research
Teaching input where the breadth of the full academic role is not required and a permanent contract is not appropriate; e.g. summer schools
Temporary cover for long-term sickness, sabbaticals, etc
Receive a Schedule of Assignment which confirms the mutuality of obligation between the individual and the University for an agreed assignment.
3. Hourly paid workers
Appropriate use of hourly paid workers
It is important that individuals are only engaged on a hourly paid contract basis where it is appropriate to do so. It is the responsibility of all managers in the University to ensure that any hourly paid workers who are engaged in their areas are only done so appropriately and on an appropriate basis.
Any individual in the University wishing to engage an hourly paid worker must follow the guidance on the use of hourly paid workers.
4. External Examiners
The University attaches great importance to peer review from External Examiners for both Taught and Research activities.
5. Contract for Services - Non-Employment Status Assessment (NESA) for Contractors
You may be able to engage an individual as a contractor – subject to the status of the engagement under the tax / Her Majesty’s Revenue & Customs (HMRC) rules. This is actioned through a Contract for Services, which is managed through Purchasing Services.
The University is required to determine the employment status by applying a number of set questions to the circumstances of the engagement before any work is undertaken.
Changes to the HMRC assessment process
HMRC introduced significant changes that came into effect from 6 April 2017. The changes relate to the regulations around IR35 – which apply to making payments through intermediaries – and to HMRC’s own online employment status assessment system - the Employment Status System (ESS) Tool and how this is used.
The University has reviewed its practice in the light of these changes. As a result changes have already been made behind the scenes.
New NESA Templates & WebApp – Goes Live from 25th June 2018
A new NESA process comes into effect from 25th June 2018. This involves:
- Using a template (for common contractor roles) or liaising with your HR Business Partner to assess through the HMRC’s Employment Status System tool. The templates have been assessed by the NESA Project team (from HR & Purchasing) using the HMRC’s Employment Status System (ESS) Tool for a wide range of potential contractor roles.
You will load the selected template or ESS assessment and input the details of the engagement onto a specially designed NESA Web App, which then confirm what you need to do next to set up the relevant working arrangements.
For a explanation of the new NESA process follow New NESA Process
Training in the new system:
Training on using the new system will commence from 11th June 2018 and emails about booking onto a session are being sent to those identified as engaging contractors. If you have not received an email about this please contact Rachel Armstrong who will be able to provide more details.
6. Agency workers
The Management Guidance on the appointment of agency workers should be read prior to any engagement of agency workers. The Management Guidance and further information on the process is available via the Purchasing Services website.