Associate Lecturers-Security of Employment Agreement by nem17141


									              Associate Lecturers - Security of Employment Agreement


   1. The University of the Arts London employs Associate Lecturers (ALs) on hourly-
      paid contracts. It does so to enhance the quality of the educational provision to
      its students, since ALs bring their up-to-date knowledge and skills as professional
      practitioners. Of necessity the level of contribution ALs are asked to make may
      vary over time. For many ALs this work provides long-term employment

   2. Within the context of this employment policy the University recognizes the value
      of secure and continuing employment for ALs and where appropriate seeks to
      ensure this. Uncertainty about continuing employment may be damaging to
      morale and effective performance, and hence educational quality. Therefore the
      University and NATFHE have agreed to the following guarantee of future

Minimum Re-employment

   3. Associate Lecturers who satisfy the following criteria will be eligible for
      guaranteed re-employment in any subsequent year provided:

      (i)     They have had continuous employment with the University for at least two

      (ii)    Their employment has included at least 120 hours work associated with
              one of the University’ colleges in the year preceding that for which the
              offer of work is being made;

      (iii)   At the time the offer of re-employment is made, there has been no major
              change discussed, agreed and documented in the minutes of any School

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             Board of Studies or College Academic Committee that could adversely
             influence the offer of re-employment.

      If the above criteria are satisfied, the Associate Lecturer will be entitled for the
      year ahead to a minimum of 75% of the core hours worked in the previous year
      (i.e. excluding any hours that may have been worked due to ad hoc cover for
      sickness, short-term vacancies or one-off activity).

Loss/Reduction of Employment and Commitment to Consultation

   4. Before the end of each Academic Year and no later than the end of June, Deans
      of School will estimate the amount of work required for all Associate Lecturers for
      the forthcoming year. If after appropriate consideration it is evident that an
      Associate Lecturer may be subject to significant reduction or complete loss of
      work, a non-renewal of contract will constitute a dismissal in law, and a
      redundancy situation may be created.

   5. The University will ensure that in such an event it will consult both the individual
      Associate Lecturer and NATFHE in accordance with the agreed procedures. If
      any such situation is evident at an earlier time within the academic year, due
      consultation should not be delayed.

Individual Consultation

   6. In all cases where non-renewal of an AL contract occurs or significant loss of
      work is expected Deans will write to the AL explaining the background and
      outline the specific reasons why the AL has been identified. The Dean will invite
      the AL to a meeting within ten working days of receipt of this letter, to give the AL
      an opportunity to ask questions and make representations. The AL may ask for
      delay of the meeting if personal circumstances prohibit their attendance within
      the time specified.

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   7. The Dean will afterwards write to confirm the outcome of the meeting and their
      conclusions. They will remind the AL that they have the right, in accordance with
      their Contract, to a personal hearing with the Head of College if they have
      continuing concerns. The Associate Lecturer will have ten working days following
      receipt of this letter within which to invoke their right to a meeting.

   8. At both meetings the Associate Lecturer may be accompanied by a friend or
      trade union representative.

   9. Deans will inform Personnel, at the earliest opportunity and certainly by mid-July,
      of all ALs who may be affected. Personnel will advise Deans on any aspect of
      procedure and if the recommendation is not to re-engage or to offer substantially
      reduced hours such that the Associate Lecturer is unable to accept the offer,
      whether there is entitlement to statutory redundancy payment. Personnel will also
      liaise with Deans and NATFHE representatives in efforts to find possible
      alternatives to redundancy (see para.l2 below)

Collective Consultation

   10.       The University will inform NATFHE of all cases at the earliest possible time
      as they arise. It will inform NATFHE in writing, as early as possible in July, of the
      names, numbers, description and reasons for all proposed redundancies, by

   11.       There will be regular meetings during the Summer Term, to keep NATFHE
      informed of developments in individual consultations, and to consider and reply
      to any representations NATFHE may wish to make about the individual proposals
      or about the process itself.

   12.       If it is unlikely that re-engagement will take place, possible alternatives to
      redundancy will be considered or help in avoiding unemployment may be
      provided. Reasonable steps may include possible re-deployment elsewhere

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      within the University of the Arts London; contact with other HE/FE institutions
      which may have appropriate work available; information on training opportunities
      and support for re-training initiatives; assistance with production of CVs and job
      applications: and holding CVs on file so that former staff can be contacted when
      future appropriate vacancies arise.

   13.       The University will provide a summary of those redundancies which,
      following individual and collective consultation, ultimately take place. This will
      include information on whether the Associate Lecturer was eligible for a statutory
      redundancy payment.

Redundancy Payments

   14.       If it is not possible to offer an Associate Lecturer any work in the
      forthcoming Academic Year that member of staff will be entitled to a redundancy
      payment based on their average weekly pay (up to the statutory maximum) and
      their years of service.

   15.       In circumstances where an Associate Lecturer is offered a significantly
      reduced level of work, they will be offered the choice of either accepting the
      reduced number of hours or receiving a redundancy payment calculated in
      accordance with the above paragraph. The redundancy payment will normally be
      made on the understanding that they will not accept any of the work being

   16.       It is recognised, however, that there may be particular circumstances
      where the reduction in hours is so significant, and the consequential change in
      role so fundamental, that the nature of the employment relationship is changed.
      In such circumstances it may be appropriate for the Associate Lecturer to receive
      a full redundancy payment and be able to accept the reduced number of hours
      offered. In such circumstances continuity of service will be broken.

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   17.       The criteria to be fulfilled to qualify for the full redundancy payment and the
      offer of further work will be:

      (i)    A reduction in hours offered of at least 50% over the average worked in the
             last three years, where that average has been at least 130 hours; or

      (ii)   A reduction in hours offered of at least 300 over the average worked in the
             last three years.

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