Campaigning against the abuse of fixed-term

contracts

The picture across the UK is that the percentage of fixed-term contracts in use for academic staff is on the decline.However, the figures remain a cause for concern:T&R: 12%Research only: 85%Teaching only (T&S): 59%

Fixed term facts and figures

Spotlight Liverpool

Type of contract 2005/6 % of staff on fixed-term contracts (HESA data)

All 52%

Teaching and research 18%

Research only 96%

Teaching only 94%

Although overall numbers are falling slightly, it is worrying to the UCU that the use of FTCs at appointment remains alarmingly high.

For academic staff recruited in 2005 over 2/3 were appointed on a FTC:32% of T&R staff72% of teaching only staff96% of research staff

Fixed term facts and figures

The figures for Liverpool are even more depressing:35% of T&R staff100% of teaching only staff99% of research staffwere recruited onto FTCs in 2005.This implies that the culture of routinely using FTCs for academics in HE is not changing.

Fixed term facts and figures

•The legislative framework

•Collective action

•Organising and recruiting

How can we change things?

Employer cannot treat a fixed-term employee any less favourably than a comparable permanent employee unless such treatment can be objectively justified.

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002

If you think you are being treated less favourably then you should write to the employer (the UCU can provide model letters) and ask for their reasons for the treatment. The employer must respond within 21 days.

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002

If groups of staff are being treated less favourably think about how you can support each other in using the legislation. It is likely that if one FTC member of staff is being treated less favourably they won’t be alone. The local branch could take up the issue collectively or you could decide a day to all send in your letters to HR or set up a support network for those willing to take a case.

Collective action

The use of successive fixed-term contracts will be limited to four years, unless the continued use of a fixed-term contract is justified on objective grounds.

Liverpool University have indicated that they will seek to put all FTC staff with more than 4 years’ service onto an open-ended contract.

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002

The legal rights of fixed-term and open-ended staff are the same in relation to dismissal:Dismissals must be for a ‘fair’ reasonThere can be no unfair selection for redundancyThere must be consultation about dismissals (collective and / or individual)The employer is under a duty to seek ways of avoiding redundanciesAfter 2 years’ service there is the right to redundancy pay

Improved Security?

Improving security of employment means more than securing an open-ended contract.It means:Staff being treated as an integral part of the University communityEnsuring that resources are managed in such a way to avoid redundancy situations Breaking the employment link between individual research projects and individual researchers Having systems in place to redeploy staff as and when necessary

Improved Security?

A negotiated policy should :Set out commitments to reducing the use of FTCsCommit to no less favourable treatment of FTC staffIdentify the limited circumstances in which it is acceptable to use a FTC on appointment or renewal

Collective action - Negotiating for increased security of employment

It should also :

Set out how the University can improve security of employment for all staff including the provision of a University wide redeployment scheme.

Collective action - Negotiating for increased security of employment

The UCU is also campaigning against the widespread use of hourly paid contracts.These tend to :Be poorly paidBe poorly managedOffer few career opportunitiesBe for a fixed-term – usually not longer than a year

Hourly Paid Staff

UCU are seeking to:

Ensure hourly paid staff are assimilated to the new pay and grading structures in a fair way

Ensure equal and fair treatment for hourly paid staff

Convert hourly-paid to pro-rata contracts (without loss of income or security)

Recruit and organise hourly paid staff

Hourly Paid Staff

FTC regulationsPart-time worker regulations prohibiting less favourable treatmentEqual payEquality duties

The legislative framework

•Negotiating for the assimilation of HP staff to the new pay and grading structures

•Using the legislation collectively

Collective action

•Make sure everyone is aware of the issues

•Make sure everyone is aware of their rights

•Make sure the employer knows this is an issue for the whole union

Collective action – campaigning

It is important to use a local campaign on fixed-term and hourly paid issues to recruit members to the union and to get FT and HP members involved in the union.

Organising and recruiting

Join the UCU!Recruit new fixed-term / HP members to the UCUImprove awareness amongst fixed-term and hourly-paid colleagues of their rights and encourage them to use themMake sure colleagues know that UCU is campaigning on these issuesGet involved with your LA Join the UCU Developing Activists Network (DAN)Help your LA with their campaign– you can do as much or as little as you are able

What can I do?