PS/894/February 2008
LANCASTERUNIVERSITY
TERMS AND CONDITIONS OF APPOINTMENT - GRADE 6
On Appointment
1.1You will become a member of the University, which is the sole employing authority.
Probation
2.1Successful completion of probation will be subject to achieving appropriate standards/objectives as determined by the Head of Department and completion of all appropriate documentation as requested in the letter of appointment i.e. health clearance, evidence of qualifications.
2.2All staff will be required to participate in the University's appraisal scheme, as directed by your Head of Department.
Termination and Retirement
3.1The notice period is two months during the first eight years of service, (one month if termination is prior to confirmation of probation) increasing by one week after completing each additional year of service up to a maximum of twelve weeks. In the case of a fixed term or temporary appointment, the appointment will terminate on the end date specified in your letter of appointment but may be terminated earlier by either party giving appropriate written notice. The University may, for good cause, terminate the appointment without notice. The University reserves the right to make payment in lieu of notice.
3.2On appointment to the indefinite staff, you may hold office until the normal retirement age which is your 65th birthday. Requests to work beyond normal retirement age will be considered under the University’s Age Equality procedure.
Salaries and Salary Scales
4.1For so long as the University Council operates a salary spine negotiated nationally through the UCEA your salary scale will be changed in accordance with the provisions of the new agreement.
4.2All salaries are paid on, or around the 15th of each month into a named bank or building society account.
4.3Employees are required, for the purposes of the Wages Act 1986, to repay the University from their salary any sums due to the University, including any overpayments, loans or advances made by the University.
Promotions
5.1An annual review will take place to consider contribution increments and grade progression. The timetable of the promotions procedure and the promotions criteria are available on the Human Resources website.
Superannuation Scheme
6.1You will normally be eligible to participate in the Local Government Pension Scheme, details of which are enclosed. A contracting-out certificate is in force in respect of LGPS.
6.2Under the provisions of the Social Security Act 1986 you may elect not to join LGPS, but instead to specify some other option open to you in accordance with the Act. If you wish to exercise this option, you should indicate this on form LPS1.
Exclusivity of Service
7.1Before contracting to undertake paid work or other continuous employment with parties outside the University, your should seek approval from the Faculty Human Resources Partner who will, in cases of doubt, refer the matter to the University Secretary or University Council.
7.2Further information is contained in document PS/98/791 entitled "Rules Governing Outside Professional Activities", which is available on the Human Resources website.
Copyright, Employee Inventions [and post termination restrictions]
8.1Inventions made by you, whether patentable or non-patentable, are owned by the University if made in the course of your employment, which means:
(a)in the course of your normal duties or in the course of duties falling outside your normal duties but specifically assigned to you where in the circumstances in either case an invention might reasonably be expected to result from the carrying out of those duties or
(b)in the course of your duties where at the time of making the invention, because of the nature of your duties and the particular responsibilities arising from the nature of those duties, you had a special obligation to further the interests of the University.
8.2Where an invention made by you is owned by the University as a result of the operation of the above provisions the University will consider the making of payments to you in accordance with the ex gratia compensation scheme approved from time to time by the Council. The existence of this scheme does not affect your statutory rights to compensation under s40 Patents Act 1977.
8.3Copyright materials written by you in the course of your employment are owned by the University except where the University has agreed otherwise and waived its rights under the Copyright Designs and Patents Act 1988 and succeeding Acts. The University agrees to waive its rights in copyright in the following cases and will execute at no cost to you any necessary written confirmation of this waiver:
(a)teaching materials for use in University courses except where such materials are produced as part of a contract teaching course commissioned from the University by an outside body and subject to the exceptions set out below
(b)academic research publications except where such materials are produced as part of a research report made under a research contract between the University and an outside body and subject to the exceptions set out below
(c)academic teaching publications except where such materials are produced as part of a contract teaching course commissioned from the University by an outside body and subject to the exceptions set out below.
These waivers will not apply to any of the above categories of material which are presented as:
(i)computer software and computer-generated works
(ii)photographs, films, video or audio recordings
(iii)designs for industrially-produced products
(iv)material forming part of, or describing, an invention or design for an industrially-produced product owned by the University and of commercial use in protecting or exploiting that invention or design
and the University claims full rights of ownership of copyright in these categories of material.
This waiver is conditional on your agreement that if the production or recording of materials or publications involved the use of University equipment or other facilities, the University may require you to agree to reimbursement from the benefits received by you from any sale or licensing of the copyright material so generated of the costs of provision of such University equipment or other facilities before giving its waiver.
8.4Designs for industrially-produced products whether aesthetically appealing or purely functional, including design rights in semiconductor chip topographies, created by you in the course of your employment are owned by the University under the terms of the Registered Designs Act 1949 and under the Copyright Designs and Patents Act 1988. However, the University will, at its discretion, apply the same ex gratia compensation scheme to you in respect of any such designs as to inventions.
8.5You are required to report to the University and not to disclose to others, except in confidence, any inventions you make in the course of your employment which in your opinion may be patentable or protectable as commercial trade secrets or otherwise of commercial significance or protectable as designs for industrially- produced products.
8.6Where the University owns intellectual property rights in materials produced by you in the course of your employment, and has not waived its rights in them in this contract of employment, but does not wish to exploit them, the University will, at its discretion, grant a free assignment of those rights to you upon request.
8.7Where you are the owner of intellectual property rights you may not, in publishing or exploiting those rights make use of any intellectual property rights held by the University, or make use of ,or disclose, any confidential information held by the University and acquired by you in the course of your employment, or otherwise, from the University.
Sickness absence
9.1If you become incapacitated by illness, injury or accident from the full discharge of your duties, you should: (a) inform your Head of Department (or nominee) on the first day of absence; (b) if absence continues after the third day submit, on your return to work, self-certification form PS/836 (obtainable from your Head of Department or nominee) to your Head of Department; (c) if your absence exceeds 7 calendar days, then submit to your Head of Department a statement from your doctor together with a self-certification form covering the first 7 days of your illness.
9.2For periods of incapacity the University will (unless the incapacity is due, or believed to be due, to the negligence of a third party, when the payment will be by way of a loan repayable in whole or in part from any damages which may be recoverable from the negligent party) continue payment of salary as set out below. Additional sick leave may be allowed, at the discretion of the Council of the University. During any period of incapacity during which the University continues payment of salary, it may deduct from such salary any sums receivable or deemed to be receivable as sickness or other benefits under the National Insurance Scheme. Entitlement is based on the length of accrued service on the first day of absence.
Full payHalf pay
During first five months of serviceone monthno entitlement
During 6th to 12th month of serviceone monthone month
During second year of servicethree monthsthree months
During third year of servicefour monthsfour months
In fourth year and beyondsix monthssix months
9.3A copy of the Sickness Scheme and the University’s Policy on the Management of Sickness Absence are available on the Human Resources website.
Relocation Scheme
10.1For all indefinite appointments and those of a fixed term of two years and over, the University will pay relocation expenses within the United Kingdom where relocation is considered to be essential in that, without it, the travelling distance to the University would be unreasonably great.
Subject to a ceiling of one-twelfth of gross annual starting salary or one-twelfth of the Spinal Point 27, whichever is higher, the following expenses will be reimbursed, upon submission of appropriate receipted invoices:-
a)Removal expenses for the reasonable cost of transporting furniture and household effects (including the cost, if any, of up to 13 weeks’ storage, where necessary, and reasonable transit insurance cover); provided that at least three estimates have been obtained in advance from removal firms and submitted to the Director of Human Resources for inspection. The University will not accept liability for a sum in excess of the lowest of these estimates.
b)The normal fees of solicitors and estate agents for house purchase and sale and stamp duty.
c)One house survey fee leading to a successful house purchase.
10.2In the case of staff moving from overseas, the normal allowance will apply. An additional allowance towards relocation costs may be granted at the University's discretion upon submission of appropriate receipted invoices. In such cases the total payment will not exceed one eighth of gross annual starting salary or 1/8 of the Spinal Point 27, whichever is the higher.
Relocation costs may include travelling expenses by Economy Class for the member of staff, partner and children, as well as those items listed under (a), (b) and (c) above.
It will be the responsibility of the Chair of the relevant appointing committee to confirm the amount of relocation expenses grant with the Faculty Human Resources Partner. The University will accept no responsibility for expenses in excess of this amount.
10.3Receipted invoices should normally be submitted no later than one year after the commencement of employment. Reimbursement will be made in line with current Inland Revenue regulations that stipulate no deduction for tax will be made if such reimbursement is made prior to the end of the tax year following that in which the relocation took place.
10.4If you leave the University before completing one year's service the University reserves the right to reclaim all of the relocation expenses paid. If service is one year but less than two years, the sum which may be reclaimed will 50% of the total amount paid.
Disciplinary and Grievance Procedures
11.1Copies of the approved disciplinary and grievance procedures, and guidelines on staff conduct, are available on the Human Resources website.
Maternity, Paternity, Adoption and Compassionate Leave Schemes
12.1Details of the leave scheme covering maternity, paternity, adoption and compassionate leave, are available on the Human Resources website.
Membership of Trade Unions
13.1The University recognises AMICUS, TGWU, UNISON and UCU.
Health and Safety at Work
14.1You are required to carry out the safety duties imposed by the Health and Safety at Work Act 1974 summarised in the University Safety Policy Statement, in the University Manual of Safety and where appropriate any departmental codes. All such documents are available from your Head of Department.
14.2The University has a policy on Smoking at Work, a copy of which is available on the Human Resources website. Contravention of the policy constitutes misconduct under the disciplinary rules.
14.3Where uniform and/or protective equipment is provided, its use is limited to the performance of duties under the terms of this appointment.
Electronic Information Systems: Code of Practice
15.1The University has a policy covering the use of the University's computer equipment, a copy of which is available on the Human Resources website. Contravention of the policy constitutes misconduct under the disciplinary rules.
Confidential Information
16.1You are reminded of your obligations under the Data Protection Act 1998 in respect of the protection and disclosure of confidential information that you may come into contact with during your normal duties. The University has a policy on the disclosure of personal information, a copy of which is available on the Human Resources website.
16.2To ensure that the University’s Data Protection registration is accurate, it is essential that the University’s Data Protection Officer is advised, in advance, of any processing of data that ceases or any new processing of data that is planned to commence.
Prior and Subsequent Agreements
17.1These terms and conditions of your appointment, together with the letter under cover of which they are sent, constitute the sole authoritative statement of the University's obligations to you as a member of its staff. No written or oral additions to, or subtractions from, these two documents have any validity insofar as your terms and conditions of appointment are concerned unless they are confirmed in writing by the University Secretary or by the Director of Human Resources or their nominated representative.
17.2If the need arise due to changes in the organisation and work of the University and its constituent departments/colleges, the University reserves the right, after consultation with you (and your trades unions should you so wish), to transfer you to any other post in the University in accordance with the University’s redeployment procedure.
17.3The terms and conditions of your appointment, as distinct from your duties, may be changed from time to time, but your prior consent will be sought before any change is made. Any general change in the above terms and conditions of appointment will be the subject of consultation with the recognised trades union.
17.4By accepting the appointment, you agree that your duties may from time to time be changed either wholly or in part after consultation with you.
Head of Department is construed, where appropriate, to include Head of Section, Principal of College
or General Manager.