1. Introduction

1.1        This policy has been developed in partnership with the University of Glasgow’s recognised Trade Unions and replaces the previous Atypical Worker and Fixed Term and Open-Ended Contracts policies.

1.2        The nature of the University’s activities predicates a need for flexibility in the deployment and contractual arrangements for its workforce.

1.3        This policy sets out the University’s approach to engaging its extended workforce and principles that underpin our employment practices.

1.4        In situations where consideration is being given to engaging a service provider (e.g. a contractor or self-employed individual) to carry out a piece of work, the University’s guidance on determining the employment status of service providers should be read in the first instance.

1.5        This policy should be read in conjunction with the relevant appendices listed below:

2. Position Statement

2.1        The University of Glasgow is committed to engaging all members of its workforce on the most appropriate contract and to doing this in a fair and transparent way.

2.2        The University will utilise a range of contractual arrangements, reflecting the fact that in some areas of activity the volume and frequency of work is variable and often unpredictable.

2.3        Where there is a sufficiently meaningful and predictable level of regular work over a given period the University will typically offer an employment contract which may be fixed term or permanent/open ended, full or part-time and will provide as much security of employment as possible.

2.4        The University is committed to providing as much forward notice & commitment of work as possible to all members of the workforce. When it is not possible to predict exactly how many hours work will be available over a given period, the University will always aim to provide as clear an indication as possible and wherever practical offer a guaranteed minimum amount of work.

2.5        The University is committed to providing its post-graduate students with the opportunity to carry out tutoring and demonstrating as part of their early career development and to providing the necessary training and support to fulfil these important duties. Further information is available in Appendix 1 - Policy Guidance on Postgraduate Students (GTAs) Who Teach.

2.6        The University’s extended workforce consists of a broad range of roles. As noted above, a range of different roles offer opportunities for postgraduates to contribute to teaching at the University, supporting in particular the opportunity for personal growth and development to complement academic studies whilst other roles benefit from the experience of industry professionals (e.g. supporting assessment). Examples are summarised (with illustrative job descriptions) in Appendix 2 – Extended Workforce Examples & Options Available for Postgraduates to Contribute to Teaching.

2.7        Where the level of work is not at a level to meet the criteria set out in 2.3 above and/or where individuals can choose whether or not to undertake the work offered, the University will typically offer the work on a non-employment basis. Such workers (typically known as ‘casual’ workers) are not employees and are hence not employed on standard University terms and conditions.

 

3. Governance

3.1        College/University Services local P&OD teams will advise on the most appropriate contractual arrangement to use and will regularly review and audit practice across the University to seek to ensure best practice is adopted and shared. P&OD will consider the nature of the role and whether there is an objective justification for offering this on either a Fixed Term or Casual basis, recognising that the preference is to offer the highest level of commitment appropriate to any given situation.

3.2        The University of Glasgow is committed to sharing summary information with its recognised trade unions and will continue to work with Union representatives to regularly review employment practices to ensure these principles are being followed appropriately.

4. Contract Types & Working Arrangements

4.1        As stated in section 2, the University utilises a range of contractual and working arrangements, reflecting the fact that levels of work are variable and sometimes unpredictable. The following sections outline the various contract types and the circumstances in which they are typically used.

4.2        These are:

  • Open ended employment contracts
  • Open ended employment but with a funding end date
  • Fixed Term employment contracts
  • Zero hours employment contracts*
  • Casual worker arrangement

*Included for the purposes of clarity around use (or non-use)

 

4.3 Working Arrangements

Across the above contract types, individuals may have different working arrangements from full-time to part-time working. Key variations are described below, capturing those which are utilised by the University reflecting the needs and circumstances of both the University and those who work for it.

Part- time fixed hours

These are ‘standard’ part-time arrangements where the work pattern is agreed and fixed; e.g. Monday & Tuesday 9 – 5 plus Wednesday 9 – 12.30.

Total hours = 17.5. Full-time equivalent – 50%. The work pattern will be entered into the HR/Payroll system and all benefits including annual leave will be automatically calculated.

Term – Time

Some employees only carry out work during set periods, most commonly term time. Salary may be paid on an average basis (spread equally across the year or period of a fixed term contract) or at the time of working. For the latter, if the work pattern during term is fixed this would typically be entered into the HR system and paid accordingly. Where the number of hours is perhaps fewer and not fixed then payment may be made based on completed time sheets as per section 9 below. Holidays may be scheduled to be taken outside of the standard term in which case advice should be sought from P&OD to ensure this is appropriately calculated.

Part-time – no regular work pattern (i.e. variable/irregular hours)

Some contracts may be agreed on the basis of an average number of hours per week or a minimum number of hours over a period e.g. a semester. Such contracts may be used for roles such as Demonstrators, for example. The approach to payment for these contracts will depend on the anticipated work pattern.

When the number of hours per week is fixed, or generally consistent, a nominal work pattern may be entered into the HR System and staff will be paid on the basis of X hours per week during their contract. Any additional hours will be paid via timesheets either on a monthly basis or at the end of a defined period, most commonly a semester.

When the number of hours is known but the pattern is more irregular, the employee may be asked to complete time sheets for all their worked hours, both contractual and additional. In this way payment for these hours may be processed as and when they are worked.

Even where the work pattern is not predictable it is recognised that some individuals may prefer to be paid the same amount each month. This is in effect an average hours contract and the fte will be entered into the HR system based on the contractual hours and these will be paid in the normal way. Employees may still be required to complete time sheets to assist in the tracking of hours and to ensure any additional hours are captured and paid appropriately.

Where no regular work pattern is entered into the HR System it will not be able to calculate leave entitlements. Annual leave will accrue on a pro-rata basis for every hour worked and further information can be found in section 9 below or in the Annual Leave Policy & FAQs.

 

5. Open Ended employment contracts

5.1        The University is committed to offering Open-ended contracts when appropriate. For the vast majority of long-term roles this will be the contractual norm.

5.2        Such a contract is for an indefinite period with no specified end date. Where there is a reasonable expectation that a role will be ongoing, this will be the standard approach to employment.

6. Open-Ended employment contracts with a funding end date

6.1        Where a particular role is dependent on fixed term funding or is linked to a project with a clear anticipated end date it is recognised that it is beneficial for this to be transparent to all parties.

6.2        The position may be offered on a Fixed Term Basis (see section 7 below). Certainly where the work is for a period of less than 1 year and there is a clear objective justification for the short-term nature of the position offering the position on a Fixed Term contract may be the most appropriate route. However, the University is committed to offering open ended contracts where there is a reasonable belief that the role will be ongoing, the University will clearly signal the potential for the employment to be terminated if and when the funding or project work comes to an end. In such circumstances the University will consult with the individual and act to support them in seeking redeployment. Information is also shared with the recognised trade unions to facilitate collective consultation.

6.3        The use of such open-ended contracts is designed to continue the University’s aim that open-ended contracts continue to be the contractual norm rather than successive or extended fixed term contracts.

6.4        The terms and conditions and rights of someone on such a contract are exactly the same as anyone on a standard open-ended contract.

7. Fixed Term Contracts

7.1        The University of Glasgow will use Fixed Term employment contracts where the business requirement for the role can clearly be demonstrated to be uncertain or finite.

7.2        Hence they typically will be used:

7.2.1        to provide temporary cover for situations such as maternity or parental leave and long-term absence or for one-off projects; or

7.2.2        where there is a genuine lack of clarity on whether a particular activity will be of an ongoing nature.

7.3        Fixed Term contracts may also be offered to post-graduate students who teach (GTAs) or Demonstrators when the level of predicted activity and mutual commitment merits engagement as an employee rather than as a worker, however such contracts cease upon completion of studies.

7.4        As with open-ended contracts, Fixed Term contracts may be offered in a variety of arrangements including full-time, part-time, term-time or an average or minimum hour’s basis. In line with the principles above the University of Glasgow will aim to provide as much clarity as possible of working patterns and a specified number of hours. Where part-time employees work additional hours up to 35 these will be paid using time sheets at normal unenhanced rates. Further information on hours and payment administration is covered in section 9 below.

7.5        It is University of Glasgow policy that employees on Fixed Term Contracts do not receive any less favourable treatment and as such, conditions of employment for this group operate in accordance with those for employees on open-ended contracts with the same contractual entitlements (e.g. holidays) allocated on a pro rata basis related to actual contractual period and hours.

7.6        Where it is not possible to take all holidays accrued during a fixed term contract these will be paid in lieu at the end of the contract (line manager's should request this via the People & OD Helpdesk).

7.7        Fixed Term employees will be enrolled into the appropriate pension scheme upon joining.

8. Zero Hours employment contracts

8.1        The use of zero hours employment contracts will generally not fulfil the key principles set out in section two. However, it is recognised that they have been used in the past and may be considered mutually appropriate in some very limited circumstances (e.g. continuing ‘legacy’ arrangements that suit an individual’s needs). The University will keep all such contracts under review and consider, in consultation with the employee, whether there is a more appropriate approach where a level of mutual commitment to hours can be achieved. Where zero hours are in use the conditions of employment for this group operate in accordance with others on employment contracts with the same contractual entitlements (e.g. holidays) allocated on a pro rata basis relative to the actual hours worked. For the avoidance of doubt, there is never any intention to establish any form of exclusivity arrangements in such contracts and employees on zero hours contracts are hence able to decline work which is offered and also to work for other employers without the permission of the University.

8.2        Holidays will accrue as outlined in section 9 below.

8.3        New zero hours contracts will only be offered in exceptional circumstances where it is mutually agreed that there is justification for agreeing an employment arrangement but the potential hours are completely unpredictable and/or very variable. Prior to offering a role on a zero hour’s employment basis formal approval is required from the Head of College/University Service and relevant Head of P&OD.

9. Hours & Payment Administration (Hourly-paid)

9.1        Due to the varied an unpredictable nature of the work of many roles in the University’s extended workforce, the following may be referenced for staff on employment contracts with a level of agreed hours but no regular work pattern (e.g. variable or irregular hours), for example 30 hours per semester.

9.2        Hourly paid individuals are paid for hours worked, where there is a requirement for work to be undertaken, subject to prior authorisation and approval by the Head of School/Service. Further information specific to Postgraduates who teach (GTA) and Demonstrators (including typical hours per activity) is available in Appendix 1 - Policy Guidance on Postgraduate Students (GTAs) Who Teach and Appendix 3 – Engagement & Management of Demonstrators.

9.3        Colleagues should always be given as much notice (and commitment) as possible in relation to anticipated work (e.g. start dates, timings and duration). Appropriate induction, training, line management and support should also be provided to support colleagues to effectively perform their roles.

9.4        Colleagues should be fairly paid for the work that they do, reflecting both the contribution and the time spent on associated activities.

9.5        These same guidelines should be used when assessing the number of hours to include in a part-time or average hours employment contract covering the same duties.

Processing of Payment (Hourly-paid)

9.6        Payment of hourly-paid individuals is processed by completion of an electronic timesheet. Timesheets are created and submitted through the P&OD/Payroll system either by the individual themselves or by a departmental administrator. Payment for fully approved hours worked is made in the subsequent month. Local approaches should be discussed as appropriate (i.e. with the relevant line manager or local administration office) and colleagues should familiarise themselves with approval and payment dates which can be found on the Pay & Pensions web pages.

9.7        Some limited areas still process these hours via the legacy paper system. Local administrators can advise if this is the case and explain the arrangements in place to gather data on hours worked. The spreadsheet to be used by administrators to submit to payroll is available in the links below.

9.8        Some hourly paid individuals will have more than one assignment with the University in another College or School. It is essential that the correct person number and appointment ID is used to pay the person for work done.

9.9        Some individuals with no fixed work pattern may have their hours processed via the payroll without the need for timesheets. They are treated like any other part-time employee and paid on the basis of their average hours presented as a full-time equivalent. For example, someone working 3.5 hours per week would be 0.1fte. As the timing of hours worked often varies for many employees on such irregular hours/average hours contracts the expectation is that the majority will have their pay processed via timesheets. Either way, any additional hours worked beyond the contractual agreement would also, periodically, be processed in this way.

Please contact Payroll for further guidance.

Holiday Payment (Hourly-paid)

9.10        The arrangements for accruing, taking/paying holidays for hourly paid employees may differ but typically hourly-paid individuals accrue holiday for every hour worked and receive payment in lieu of this via their monthly pay. This is based on a pro-rata entitlement of 32 days annual leave plus public holidays. Different arrangements apply for Casual Workers as per Appendix 4 - Engagement & Management of Casual Workers.

10. Multiple Engagements

10.1        Some individuals have multiple engagements and their different roles may fall into one or more of the categories outlined above.

10.2        In situations in which individuals undertake substantially different types of work at different levels, potentially within different Colleges/US and/or the activities are essentially unrelated, it may be appropriate for a separate type of contract to apply to each role. In such a case, advice should be sought from the College/University Services P&OD team. Where one type of work is undertaken once or very occasionally it may be paid in accordance with the worker arrangements on an ad hoc basis or ideally simply as additional hours at the appropriate rate for the role and charged to the relevant department.

10.3        P&OD will monitor the use of multiple engagements and work with the College/US local P&OD teams to consider whether there are alternative approaches which may be more suitable for such individuals and reduce the complexity of their work with the University.

11. Monitoring contractual practices

11.1        To ensure that the University employment practices are in line with the principles outlined above the following monitoring and reporting processes will be maintained.
11.2        Data on the use of different contract types will be run centrally by P&OD on a regular basis and shared with College/US local P&OD teams.

11.3        Summary data will also be shared with the recognised trade unions and reported to the P&OD Committee.

11.4        Local P&OD teams will meet with School/Service management and senior administration employees to review the arrangements for engaging the extended workforce. The main annual review will typically take place during the summer months ahead of the new academic year.

11.5        This assessment will take into account:

  • The nature of the work carried out
  • The number of hours carried out
  • The level of predictability of hours
  • The likelihood of future work following the same pattern
  • Feedback received from employees/workers

11.6        The relevant P&OD will ensure that best practice is shared across the University.

11.7        As such the payment and contractual arrangements for the extended workforce across the University will be regularly monitored and reviewed and may be subject to change.

11.8        This policy framework will be periodically reviewed by local P&OD in consultation and discussion with University management, employees and the recognised trade unions.

Document Control

 

Policy name

Extended Workforce Policy

Approved by

Senior Management Group (May 2024)

Implementation date

10 December 2014

Last reviewed

May 2024

Owner

Central P&OD – Employee Relations