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Research managers

employing fixed-term staff

UCU has produced this leaflet for research

managers, principal investigators and human

resources staff who are involved in the

management of research staff.

Further advice for UCU members who are

research managers can be found at:

https://www.ucu.org.uk/researchstaff

For many years the norm within research has

been to use fixed-term contracts because they

have been seen to provide ‘flexibility’ and to

mirror research project funding that is usually

provided for a limited duration.

However, since the introduction of the fixed-

term employee regulations in 2002, things

have started to change:

● Fixed-term staff are now entitled to

redundancy payments.

● They can be treated no less favourably than

comparable permanent staff

● The regulations seek to put an end to the

successive use of fixed-term contracts.

Employment law also means that fixed-term

contracts can’t be used to dismiss staff for ca-

pability or disciplinary matters – agreed

institutional polices should be used for such

matters.

Further, the use of fixed-term contracts does

not excuse employers from their duty to

consult and seek ways to avoid redundancy

at the end of the contract.

Therefore, any perceived cost savings or

greater flexibility in using fixed-term contracts

are now largely illusory. The treatment of fixed-

term staff and the inappropriate use of fixed-

term contracts can also now be challenged at

employment tribunals. It’s therefore important

that the institution thinks about its use of fixed-

term contracts to make sure not only that they

comply with the law but that it makes the best

use of its staff resources.

UCU is convinced that the continued wide-

spread use of fixed-term contracts in higher ed-

ucation research is against everyone’s

interests – including yours as managers.

We also believe that changing the culture, and

looking for new ways of doing things,

will involve less work than you might think.

What’s the problem with using fixed-term

contracts?

The problems include:

● staff feeling undervalued and marginalised

● managers continually losing valuable staff

● resources being wasted as staff look for

more secure employment

● projects being jeopardised as staff leave

Advice for research managers employing fixed-term research staff

UCU INFORMATION

mid-way through for more secure

employment

● managers being forced to dismiss staff on a

regular basis.

Although objective justification for the succes-

sive use of fixed-term contracts is not

defined, such reasons would need to refer to

precise and concrete circumstances character-

ising a given activity which are capable in that

particular context of justifying the use of suc-

cessive fixed-term contracts.

While these circumstances may justify the use

of a fixed-term contract, the temporary nature

of external funding, will not, of itself, be an ob-

jective reason for the use of a fixed-term con-

tract.

What do the fixed-term regulations say?

The Fixed Term Employees (Prevention of Less

Favourable Treatment) Regulations 2002 have

two main provisions.

1 Staff on fixed-term contracts must be treated

no less favourably than comparable perma-

nent members of staff, unless less

favourable treatment can be objectively justi-

fied. Equal treatment will apply not just to

contractual terms such as pay and annual

leave but to any benefits afforded to perma-

nent staff such as the ability to participate in

university governance and committees.

2 Staff on at least their second successive con-

tract, or who have had their contracts previ-

ously renewed, and have completed 4 years’

service will be able to regard their contract

as permanent, unless the use of a fixed-term

contract can be objectively justified. Staff on

their first contract will be able to regard the

post as permanent on renewal if they have

reached the 4 year limit, unless the contin-

ued use of a fixed-term contract can be ob-

jectively justified.

The judgement in Ball v Aberdeen University

was very clear on this point when the tribunal

rejected the university’s case that short-term

funding could automatically provide a

justification for employment on a fixed-term

contract.

What should I be doing?

If you are responsible for developing policies

you should be negotiating with your local trade

unions on a policy on the use of fixed-term con-

tracts and the transfer of staff to permanent

contracts.

As a manager you should be:

● helping the university to identify any fixed-

term members of staff required to be trans-

fered to a permanent contract

● using permanent contracts as the normal

form of employment, and objectively justify-

ing the use of any fixed-term contracts

● ensuring that fixed-term staff are not treated

less favourably than permanent

colleagues and are made aware of any

permanent vacancies

● managing staff development and providing

adequate and appropriate training for fixed-

term staff.

● ensuring that all staff, including those on

fixed-term contracts, have the opportunity to

participate in the democratic structures of

the institution

● managing staff and projects such that the

ending of a funding stream or a fixed-term

contract does not result in compulsory

redundancies.

● actively seeking redeployment opportunities

for research staff if projects end

● checking whether there are any research

staff under threat of redundancy before

advertising for any new posts

● welcoming redeployed research staff to your

area of work.

Information for research managers employing fixed-term staff

Remember: permanent contracts should be the

normal form of employment for all staff. Fixed-

term contracts should only be used if there is an

objective justification for the use of such a con-

tract.

Who is responsible for research staff?

The culture of research in universities often

leaves managers feeling that they have all the

responsibility for managing research staff. How-

ever, the university, as the employer, is

ultimately responsible for all their staff,

including research staff. The university will del-

egate responsibility for the management of

staff to departments or schools but individual

managers should not be expected to take full

responsibility for the employment of the staff

that they manage.

Human resource departments can be used for

advice and assistance and they are often more

than happy to help – after all it’s in their inter-

ests that staff are treated lawfully and in accor-

dance with good employment practice.

How can I, and the university, get the

most from our research staff?

Evidence from our members suggests that the

following would help:

● Use permanent contracts as the normal form

of employment.

● Offer sustainable career development.

● Ensure that staff are trained and prepared to

move between projects.

● On your projects, be prepared to take on

staff from other projects that are coming to

an end.

● Stop thinking about research staff in terms

of their current project – think about their ex-

perience and transferable knowledge and

skills.

What are other higher education

institutions (HEIs) doing?

A number of institutions have already started to

think about how they employ research staff and

a number of initiatives have been undertaken

in different universities including:

● moving fixed-term staff to permanent

contracts

● committing to using permanent contracts as

the normal form of employment

● agreeing policies with the UCU on the use of

fixed-term contracts

● introducing or re-examining redeployment

and training processes

● providing ‘bridging funds’ between

externally funded projects

● providing central funds to underwrite posts –

breaking the link between individual

research posts and specific research grants

● employing a ‘pool’ of research staff who are

deployed to specific projects as and when

funding is awarded.

What happens when project funding

comes to an end?

The current funding arrangements for UK

research will inevitably result in research

projects ending as funding comes to an end.

In the first instance, if the research continues

to be viable, then alternative funding – either

from alternative external sources or from

internal sources – should be made available.

If no further funding is available, and whether

or not research staff working on the project are

on permanent of fixed-term contracts, the insti-

tution is under a duty to avoid redundancies for

affected staff.

At least three months before the end of the

project funding, consultation should take place

with those involved with the project to discuss

alternative options. There may also be a legal

requirement to consult with the recognised

trade unions.

The institution should take responsibility for

making every effort to find alternative employ-

ment for affected staff, either through slotting

into a suitable alternative post or through an in-

stitution-wide redeployment process. Redeploy-

ment should focus on transferable knowledge

and skills, and training should be provided

where appropriate.

Information for research managers employing fixed-term staff

Strategically managed research should

enable staff to be moved, with any appropriate

training, from one research project to

another with the minimum of upheaval.

As a last resort the institution’s redundancy

procedure should apply – and it should apply

equally to all staff. In particular, staff on

fixed-term contracts should not be selected for

redundancy on the basis of the fixed-term

nature of their contract (the ending of a fixed-

term contract will usually be a redundancy

in law), and processes and redundancy

payments should not differ between

fixed-term and permanent staff.

What does the concordat say about con-

tracts?

The revised Concordat to Support the Career

Development of Researchers is supported by

funders and a range of employers who are

invited to' sign-up' to the principles in the

concordat. The concordat sets out the

expectations and responsibilities of

researchers, their managers, employers and

funders. UCU does not think that the concordat

goes far enough in tackling the problem of

insecurity of employment for research staff.

However, all institutions should be, as a

minimum, adhering to a concordat that

explicitly states that employers should:

● seek to improve job security for researchers,

for example through more effective

redeployment processes and greater use of

open-ended contracts, and report on

progress.

Note: Nothing in this leaflet should be taken to

be a definitive statement of the law.

For further information see the UCU website:

www.ucu.org.uk/fixedterm

Information for research managers employing fixed-term staff