York St John University, Lord Mayor s Walk, York YO31 7EX Terms and Conditions of Employment: Professional and Managerial Administrative Staff This document sets out the main terms and conditions under which the employer, York St John University, employs individuals in a Professional or Managerial Administrative post of Grade 7 or above. Throughout this statement the University shall be represented by the Governing Body or by the Vice Chancellor acting on behalf of the Governing Body. These terms and conditions cancel and replace all previous letters of engagement, agreements and arrangements, whether oral or in writing, between this University and yourself, all of which are accepted as having been terminated by mutual consent. The University reserves the right to determine the terms and conditions of service in future having regard to the Joint Negotiating Committee for Higher Education Staff (JNCHES) alongside local agreements with recognised trade unions. 1 Continuous Service 1.1 Your continuous service dates from the commencement date of your current employment with this University except where: (i) you are made redundant, in which circumstance periods of service with other employers may be aggregated with your service with the University for the purpose of calculating your redundancy payment in accordance with the Redundancy Payment (Local Government) (Modification) Order 1983 as amended; (ii) provision exists for service to be reckoned as continuous for pension purposes, e.g. DfES Teachers' Pension Scheme, Local Government Pension Scheme. 2 Place of Work 2.1 You may predominantly carry out your duties on University sites but, after consultation, you can be required to work on any other site where University provision is taking place. 2.2 The address of the University is given above. 3 Duties and Hours of Work 3.1 The University s full-time week is 37 hours. Your hours of work will be specified in your letter of appointment as those which are reasonably required for the fulfilment of your duties. In certain special circumstances specific hours of work may be detailed in your letter of appointment. Where hours are specified, should it be necessary for longer hours to be worked, no additional remuneration will be payable. 3.2 Your appointment and its nature is such that you are expected to work such hours as are reasonably necessary in order to fulfil your duties and responsibilities. You are expected to work flexibly and efficiently, and to maintain the highest professional standards in discharging your responsibilities and in promoting and implementing the corporate policies of the University. The proportion of time you devote to any of your duties is a matter for professional judgement. Professional Admin Terms & Conditions (April 2017) 1
3.3 Your duties are as detailed in your job description and will be determined by your Line Manager in consultation with yourself. Your duties will be reviewed through the staff Performance Development Review system. 4 Probationary Period 4.1 You will be subject to a probationary period of 12 months during which time your performance, conduct and suitability for continued employment will be assessed. Prior to the end of your probationary period, your performance will be formally reviewed and, if found satisfactory, your employment will be confirmed. 4.2 The University reserves the right to extend your probationary period. 4.3 At any time during your probationary period, your employment may be terminated by the University on giving one month s notice in writing. 5 Remuneration 5.1 Your commencing salary, as advised in the offer letter of appointment, is within the University s pay scales, calculated pro-rata for staff working part-time or less than 52 weeks per year and/or less than five days per week. 5.2 You will be paid by credit transfer in twelve equal instalments at monthly intervals according to the University s payroll calendar. 6 Pension 6.1 Employees are eligible to join the University s pension scheme. The University is an admitted body of the Local Government Pension Scheme which is administered by North Yorkshire County Council. If your contract is for more than 3 months duration, on appointment you are automatically deemed to be a member of the scheme unless you make an election to opt out. 6.2 Contribution rates from 1 April 2018 are as follows: Salary Range* Contribution Rate 0-14,100 5.5% 14,101-22,000 5.8% 22,001-35,700 6.5% 35,701-45,200 6.8% 45,201-63,100 8.5% 63,101-89,400 9.9% 89,401-105,200 10.5% 105,201-157,800 11.4% 157,801 or more 12.5% Professional Admin Terms & Conditions (April 2018) 2
* The salary range is based on the full-time equivalent salary. These figures will be increased in April each year by the rise in the Retail Price Index. 6.3 The contribution band applicable to you will be reviewed on 1 April each year, subject to the scheme regulations. 6.4 You have the right of appeal against the banding in which you have been placed. This right must be exercised within 3 months of being notified of the banding. Initial queries should be discussed with the University s Payroll Department. If this cannot be resolved internally the LGPS will be contacted to instigate the Internal Dispute Resolution process. 7 Annual Leave 7.1 The annual leave year begins on 1 October each year. 7.2 You will receive a holiday entitlement of 35 days per year, excluding public holidays, to be taken at times to be agreed with your line manager, calculated pro-rata for staff working part-time or less than 52 weeks per year and/or less than five days per week. 7.3 Where the period of service within the holiday year is less than twelve months, you will accrue holiday at the rate of one-twelfth of the annual entitlement for each month of service. 7.4 You will also be entitled to leave on Bank or Public holidays, calculated pro-rata for staff working part-time or less than 52 weeks per year and/or less than five days per week. 7.5 There are five working days between Christmas and New Year regarded as additional annual leave, albeit a discretionary element awarded by the University on an annual basis, to be taken at a date determined by the University. Staff working part-time or less than 52 weeks per year and/or less than five days per week will receive a proportion of this depending on the working pattern. 7.6 Annual leave must be taken within the 12-month leave year, ending 30 September. Up to 5 days annual leave may be carried forward into the next leave year with the express agreement of your line manager. Any carry forward must be taken by 15 January. 7.7 Upon termination entitlement to accrued holiday pay shall be calculated on a pro rata basis in respect of the nearest full month of service in the holiday year. Where more days holiday have been taken than the accrued entitlement the University is authorised to make an appropriate deduction from the final salary. If this is insufficient to cover the full amount the employee will be asked to make other arrangements to pay. 7.8 Payment and deductions for holiday will be made on the basis of 1/260 th of annual salary for each day s leave. 8 Sick Pay 8.1 Subject to the provisions of the Sick Pay scheme, if you are absent from duty owing to sickness, accident or disablement not arising from or attributable to your own misconduct, you shall be entitled to receive sickness payments, inclusive of statutory sick pay (SSP), within any period of twelve calendar months as follows: Period of continuous service on the first day of absence Period of Full Pay Period of Half Pay Professional Admin Terms & Conditions (April 2018) 3
Up to 12 months 1 month 2 months Over 1 year and up to 2 years 2 months 2 months Over 2 years and up to 3 years 4 months 4 months Over 3 years and up to 4 years 5 months 5 months Over 4 years 6 months 6 months The Governing Body shall have discretion to extend the application of the foregoing scale in exceptional circumstances. 8.2 Absence on the advice of the Occupational Health Service on account of contact with infection or contagious disease shall not be recorded in calculating the allowances under this scheme and up to six months absence arising from injury or illness sustained or suffered in the course of employment with the University will also not be recorded. 8.3 An employee shall not be entitled to claim payment under the sick pay scheme unless: i) notification is made without unreasonable delay to the line manager/supervisor. ii) any period of sickness or absence up to seven working days is certified by completion of a University Sickness Absence: Return to Work Form without delay. iii) for any period of absence lasting seven days or longer a medical statement from a doctor is issued and forwarded to the University. 8.4 In the event of an employee falling sick during annual leave, sick pay will be substituted for annual leave from the date of a doctor s medical certificate supplied. Sickness absence on a public holiday will be treated under these regulations with no other compensation arising. 8.5 Term-time employees must notify periods of illness occurring during vacations in the usual way. 8.6 Years of service for the purpose of these regulations means unbroken service with the University unless the break in service with the University arose from maternity reasons and was for a period of not more than eight years and also provided that no permanent full-time paid employment has intervened. 8.7 If you are absent as the result of an accident you will not be entitled to sick pay if damages may be receivable from a third party in respect of such an accident. In this event the University, having regard to the circumstances of the case, will advance a sum not exceeding the sickness allowance, on the understanding that you refund to the University the total amount or proportion represented in the amount of damages received. Where a full refund is made this absence will not be recorded as sickness absence. Where a partial refund is made the University may decide to what extent, if any, of the period is recorded as sickness absence. 9 Family Leave 9.1 Your contractual entitlement to Maternity, Adoption, Paternity (Partner) and Shared Parental Leave is in accordance with University policy and procedures. Full details are contained on the HR Pages of the website. 10 Performance Review 10.1 In relation to the performance of your duties you will be required to participate in a Performance Review scheme approved by the Governors. Professional Admin Terms & Conditions (April 2018) 4
11 Disciplinary Rules and Procedures 11.1 The Code of Conduct and disciplinary rules and procedures applicable to you are set out on the HR Pages of the University website. Any breach of the code of conduct and disciplinary rules will render you liable to disciplinary action under the procedure. For offences of suspected or alleged gross misconduct, immediate suspension will normally apply, followed by summary dismissal if the offence is established and there are no acceptable mitigating circumstances. If you are dissatisfied with any disciplinary decision relating to you, you have a right of appeal under the disciplinary procedure. 12 Grievance Procedure 12.1 A copy of the grievance procedure is available on the HR Pages of the University website. 13 Data Protection 13.1 In this clause personal data and sensitive personal data shall have the meaning set out in clauses 1 and 2 respectively of the Data Protection Act (1998). 13.2 You agree to provide the University with all personal data relating to you which is requested by the University for the performance of your employment ( the authorised purpose ) and you consent to the University obtaining any personal data relating to you from third parties (including without limitation any references and medical practitioners) for the authorised purpose. 13.3 You consent to the University processing all personal data contained in accordance with this clause for the authorised purpose, provided such processing is carried out in accordance with the Data Protection Act 1998. 13.4 You also explicitly consent to the University processing any sensitive personal data relating to you (including without limitation any sick notes, medical reports, details of trade union membership or details of criminal convictions) for the authorised purpose in accordance with the Data Protection Act 1998. 13.5 The University shall have the right to disclose any personal data relating to you to any third party: i) If it is required to do so by law or to comply with any written code of conduct, rule, policy or procedure of the University from time to time in force; or ii) Where it is permitted to do so under the Data Protection Act 1998; or iii) Where that third party processes personal data on the University s behalf; or iv) Where it is necessary or desirable to do so in the context of collective redundancies or the transfer of that whole or part of the undertaking of the University; or v) Where it is in your interest to do so. 13.6 You agree to familiarise yourself with and act at all times in accordance with the requirement of the Data Protection Act 1998 in relation to the processing of data and breach of this undertaking will constitute a serious disciplinary offence. 13.7 Without prejudice to the above, you agree not to transfer by any means whatsoever, including without limitation or e-mail, fax or telephone, personal data Professional Admin Terms & Conditions (April 2018) 5
to a country or territory outside the European Economic Area unless you are satisfied that such a country or territory ensures an adequate level of protection for the rights to freedoms of data subjects in relation to the processing of personal data as required by the Data Protection act 1998. 14 Notice of Termination of Employment 14.1 Subject to any overriding provision of the Employment Rights Act 1996 giving you a right to receive a longer period of notice, the appointment is terminable by one month s notice from either you or the University during the probationary period. On completion of the probationary period, for each completed year of continuous employment thereafter you will be entitled to one additional week's notice to a maximum of 12 weeks' notice. The minimum period of notice of termination of your employment which you are required to give is 12 weeks. 14.2 The University may at any time elect in its sole and absolute discretion to terminate your employment forthwith on payment to you of an amount equal to your salary in lieu of the notice period or any unexpired portion thereof. 15 Right to Work in the UK 15.1 Should your right to work in the UK expire, the University reserves the right to terminate your employment with immediate effect. 16 Deductions 16.1 You hereby authorise the University at any time during, or in any event on, termination of your employment to deduct from your salary any overpayment made and/or monies owed to the University by you including but not limited to any excess holiday, outstanding loans advances, relocation expenses and the cost of repairing any damage or loss to the University s property caused by you. 17 Return of Property 17.1 Upon leaving you must return all property which has been issued by the University including (but not exclusively) staff ID card, keys, mobile telephone, tablet computer, laptop, credit cards together with all other property belonging to the University or relating to its business in your possession. 18. Other Terms and Conditions 18.1 All non-contractual policies, procedures and conditions relating to your employment can be found on the University s website. You should familiarise yourself with the following documents in particular (other than those policies already mentioned): Policy on Consensual Relations between Staff and Students Policy on Alcohol and Drugs at Work Capability Procedure Management of Sickness Absence Disclosure of Information: Public Interest Disclosure Anti-fraud Policy and Response Procedure Anti-Money Laundering Policy York St John University Framework to address the requirements of the Bribery Act 2010 Promoting Diversity: Promoting Equality Professional Admin Terms & Conditions (April 2018) 6
Family Friendly policies including; Adoption leave scheme, Maternity Scheme, Paternity Scheme and Shared Parental Leave Flexible Working Procedure Dignity at Work Policy IT Acceptable Use Policy Intellectual Property Policy Hard copies of the above policies and/ or procedures are also available upon request from your department. Professional Admin Terms & Conditions (April 2018) 7