Employment Contracts

It is expected that all posts, whether open-ended or fixed-term contracts, full or part –time, in any staff category will be filled using fair and transparent recruitment processes. Prior to advertising, Institutions should ensure that the necessary permissions to recruit have been obtained and, where required, the position has been graded.   Further information can be found with the Recruitment Policy and associated Guidance (including the Diverse Recruitment Framework).

Institutions should use the Recruitment Administration System (RAS) to seek approval and advertise a vacancy. The Web Recruitment System (WRS) should be used to review applications and complete the administration to appoint the successful candidate(s). More information can be found here.

For staff in the Clinical School and the Stem Cell Institute, the recruitment process will be managed/processed by the Clinical School HR Team.
 

Right to Work checks must be carried out for all forms of engagement before any work is undertaken for the University, in the UK. This is to comply with the Immigration & Asylum Act 2006 (as amended by the Immigration Act 2016), which makes it a legal responsibility for employers to ensure that all individuals engaged by the University have the right to work in the UK.  

Where an individual will commence employment for the University whilst overseas, there is no requirement for the University to undertake a UK right to work check,or hold evidence that the individual has the right to work in the UK. This is because UK immigration law only applies where the individual is physically present in the UK.   Should the individual seek to enter and work for the University inside the UK at any time, a right to work check must be undertaken prior to them commencing their work inside the UK.

Where a current staff member is overseas and, where applicable, their UK visa expires whilst overseas, their contract should not be terminated. As above, whilst they are overseas, they are not subject to UK immigration law. However, they will require an applicable work visa in order to return to the UK and recommence work inside the UK. If they are unable to secure another applicable work visa prior to recommencing employment within the UK, termination of contract should be considered, with advice taken from the HR Compliance Team. 

Further guidance on UK right to work can be found here.

If an employee will be working overseas at any point during their employment, Institutions should check that the employee has the appropriate right to work in the overseas location and evidence of their overseas visa/work permit should be retained on the employee’s file.  Further guidance on overseas right to work can be found in the Global Mobility webpages.
 

2.7.1    It is important to ensure that fixed-term contracts are only used where there is an operational need for such a contractual arrangement, in light of the potential impact on staff engagement and the ability to recruit and retain talent. 

2.7.2    Each decision to use a fixed-term contract should be carefully considered in accordance with the University’s guidance on the use of fixed-term contracts. 

2.7.3    Institutions may use fixed-term contracts for a range of prescribed reasons, for instance to undertake a specific project funded by an external body, provide short-term cover or pending recruitment to a permanent appointment.  These reasons are set out in full in the University’s guidance on the use of fixed term  and open-ended contracts.  

2.7.4    Clinical staff have different contractual arrangements. Their University substantive contract is coterminous with their honorary contract with the respective NHS Trust/Body. This means if their honorary contract is terminated/withdrawn, their University contract terminates without the need for notice.  All clinical staff are paid on the relevant clinical pay scales.

2.7.5    As with open-ended contracts, fixed-term contracts can be offered with a variety of working arrangements, including: full-time, part-time, term-time or a guaranteed minimum hours basis. 

2.7.6    In accordance with the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, employees on fixed-term contracts should not be treated less favourably, by reason of their fixed-term status, than comparable employees on open-ended contracts unless the difference in treatment can be objectively justified.
 

These employment contracts will only be used in very limited circumstances as generally they do not fulfil the key principles set out in the Workforce Policy.  For the avoidance of doubt, there is never any intention to establish any form of exclusivity arrangements in such contracts and employees on a zero hours contract are able to decline work which is offered and also to work for other employers without the need to seek permission of the University. 

Zero-hours employees are entitled to the same rights and entitlements terms as other members of staff, pro rata based on the hours worked.   

In all cases, the use of such contracts must have approval from the HR Division.