HR User Group 16 Mar 2009 – Policy Update

Fiona Daffern

• Maternity • Redeployment & termination• Sickness and annual leave• Teaching Fellows probation• Changes to grievance and discipline

Maternity Policy

• For sponsored staff, where no provision is made by the sponsor, maternity pay will be 100% funded centrally

• Contact research grants at the earliest opportunity to maximise access to sponsor funds.

• Good practice when reorganising duties. • Foster leave and surrogacy• Accrual of bank holidays in addition to annual leave

Redeployment & Termination

• Recent claims where processes not followed• Need to follow termination process, including notice,

even where additional funding is being sought• Earlier access to the redeployment register• New standard letters • Assistance from JobCentre Plus available

ECJ Ruling ‘Stringer v HMRC’

• Accrual of statutory annual leave during periods of sick leave (paid or unpaid)

• Carry over of all statutory annual leave where unable to take due to sickness

• Cannot currently pay for untaken statutory annual leave, unless at termination

• Question of taking annual leave during periods of sick leave referred back to the UK courts

Teaching Fellows Induction and Probation

• Probation period will be 24 months. • Must successfully complete either Module A or B of the

Post Graduate Certificate in Learning and Teaching in Higher Education (PGCLTHE)

• Exceptions for TF teaching less than 50 hours pa – successfully complete the Introduction to Teaching in HE course

• Disciplinary or capability policy (except underperformance) applies after successful completion of 1st year

Grievance and Discipline – legal framework

• Employment Act 2008 repeals the Statutory Dispute Regulations repealed w.e.f. 6 April 09

• Revised ACAS Code introduced plus accompanying guidance on handling discipline and grievance situations in the workplace. The Code does not apply to dismissals due to redundancy or the non-renewal of fixed term contracts on their expiry.

• Increased emphasis on alternative dispute resolution mechanisms, including mediation, to encourage earlier resolution

Grievance and Discipline - Tribunals

• Employment tribunals will have discretionary powers to adjust awards by up to 25% if employers or employees have failed unreasonably to comply with the Acas Code;

• There will be some technical changes to the law relating to Acas’ provision of conciliation services during disputes;

• Tribunals will be allowed to award compensation for financial loss in certain types of monetary claims.

Grievance and Discipline - transition

• If the trigger date is on or after 6 April 2009, the new regime will apply.

• If the trigger date is on or before 5 April 2009, the old regime will continue to apply.

• In the case of a disciplinary or dismissal issue, the date of the trigger event will be the date when the employer has started action against the employee.

• In the case of a grievance issue, the trigger date will be the date of the action about which the employee complains.

Grievance and Discipline – Appeals

• The grounds for appeal are not limited, but code/ guide gives examples similar to our current policy i.e. penalty too severe, new evidence etc. Can include a rehearing.

• Impact on who attends appeals