‘Fixed term’ staff – know your rights

1. ‘Fixed term’ staff – know your rights UCL Contracts & the Fixed Term Regulations: a guide for members Get the manifesto for Fixed Term Staff – see www.ucl.ac.uk/unions/UCU/fixedterm

2. UCL Contracts • Contracts not counted as employment • One-off duty payments • possibly could be renewed, similar to self-employed • As and When contracts • occasional duties, no conditions on either side • Employment contracts (regular duties) • Fixed-term contracts • to provide cover or for short-term work up to 9 months • Open-ended (permanent) contracts • with grant/project end dates • with no restrictions Get the manifesto for Fixed Term Staff – see www.ucl.ac.uk/unions/UCU/fixedterm

3. Employment Contracts • Fixed-term contracts • for very specific circumstances • to provide (e.g. maternity) cover for an existing employee • to carry out work for a short period of time, duties are unlikely to be renewed • Open-ended contracts • with grant/funding end dates • for posts where funding/duties is of finite duration • with no forseeable limit • standard permanent contract All these contracts come under the Fixed Term Employees Regulations Get the manifesto for Fixed Term Staff – see www.ucl.ac.uk/unions/UCU/fixedterm

4. The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 • This law says • Fixed term staff may not be discriminated against • The ending of a fixed term contract is a redundancy • Permanent contracts should be the norm • Staff on successive fixed term contracts should be made permanent unless the fixed term nature of the post can be ‘objectively justified’ (in each case) • All employers are legally obliged to • Avoid redundancies • Select staff for redundancy fairly This has some important implications... Get the manifesto for Fixed Term Staff – see www.ucl.ac.uk/unions/UCU/fixedterm

5. What does this mean? • Equality • UCL must not treat you differently from a permanent member of staff without justification • A new contract is not an excuse for renewed probation • New Contracts • You have a right to a contract for the duration of the duties – longer contracts are now 'open ended’ • Research staff will mostly be given these contracts – but some could be made permanent • Where duties are likely to continue for the forseeable future, you should be entitled to an open ended contract without renewable 'end dates’ • Teaching fellows will be given permanent contracts Get the manifesto for Fixed Term Staff – see www.ucl.ac.uk/unions/UCU/fixedterm

6. What does this mean? • Redundancy • If your contract or funding is about to end you may apply for redeployment – internally and UCL-wide • We are currently negotiating improvements to this process • UCL may be able to redeploy you doing something else • You should be given 1st choice of new posts if you qualify • You have a right to challenge your redundancy and to trade union representation • Previously, staff were often simply ‘shown the door’ • Your employer is UCL – not your department, research group or funding body • All employers must avoid redundancies and demonstrate that they select individuals fairly Get the manifesto for Fixed Term Staff – see www.ucl.ac.uk/unions/UCU/fixedterm

7. But will anything change? • UCL has made some real improvements • Now we have to ensure that good practice is applied across the college • This is a major task • Fixed term staff have often had few rights in the past • There is some way to go • More can be done to make staff permanent • UCL should actively plan to avoid redundancy • Some staff could be made fully permanent or more secure at minimal cost to UCL • We need to challenge end dates in open-ended contracts – are these just ‘fixed term’ by the back door? Get the manifesto for Fixed Term Staff – see www.ucl.ac.uk/unions/UCU/fixedterm