Managing contracts
Managing Contracts
Employment contracts (Including Variable Hours)
University employees are those who are employed on University contracts of employment, where the employer is identified as the 'Chancellor, Master and Scholars of the University of Oxford', also referred to as 'CMS contracts'. University employees work in approved, graded posts and are paid from the main payroll.
Contracts of employment (ie CMS contracts) can be issued with fixed-hours of work (ie regular weekly hours, whether on a full-time or part-time basis) or variable-hours, whereby the appointment is offered on an ‘as required’ basis. This means there are no set hours of work, and the hours are agreed on a week-by-week or ad-hoc basis.
Employees (whether on a fixed-hours or a variable-hours contract) are protected by a full range of employment rights and have entitlement to contractual benefits offered by the University, access to some of which is subject to a minimum length of service. Entitlement to contractual benefits by employees on variable-hours contracts may be on a pro-rata basis, where appropriate. Further details available here
Fixed Term Contracts FAQS
What is a Fixed term contract (FTC)?
This is an employment contract (as above) but it confirms it's end date and is issued because there is a justifiable reason why it is fixed term For example, due to being funded by an external research grant. The reason that contracts are fixed term will be determined at the recruitment stage and will be outlined in the employees cover letter of their contract.
More examples the justifiable reasons for the use of FTC and policy details can be found here
What do I do if I have a staff member coming to the end of their fixed term contract?
Six months before the contract end date, the Business Manager and line manager should consider all alternative options to the expiry of the contract. As the line manager, you should discuss the situation with your staff member and keep them informed. If there are currently no confirmed funds to extend this will be communicated to HR via the Business Manager (no later than 3 months ahead of the contract expiry date), the Employee Relations Partner will write to the Employee to issue notice and offer to meet with them where applicable. Please note the end of fixed term contracts should be treated as potential redundancies and therefore there are key notification milestones to meet to comply with employment legislation, these milestones must be met even if there are plans to secure further funding.
How do I request to extend a FTC?
Business Managers are consistently monitoring end of fixed term contracts. Where you have a member of staff whose FTC is coming to an end, your Business Manager will discuss this with you usually no later than 6 months ahead of the planned end date. If there are funds to extend, this will be communicated to the HR team, via the BM. Upon this instruction, HR will make the necessary payroll changes and issue a contract extension letter. HR will also deal with extensions to university cards and adjust annual leave balances where necessary.
When do we need to give notice, when do I need to let you know as I’m waiting for my grant approval etc..?
Where a staff member is coming to the end of a fixed term contract, we are required to provide them with written notice at least 3 months prior to the end of their contract. Alternatives to ending the contract should be considered and explored at least 6 months prior to the contract end date. Your Business Manager will be in touch to discuss at the appropriate time.
Where you hope to extend a staff contract, however are not yet able to confirm this, for example where you are waiting for a grant outcome or funding is not yet confirmed, notice still needs to be issued. The situation should be explained to the employee by you or the Business Manager in advance of notice being issued by the Employee Relations Partner. Where applicable the employee will then be offered an opportunity to meet with HR to discuss their options and redeployment etc.
How does redeployment work?
NDM are committed to trying to find suitable roles for staff who are on fixed term contracts that are coming to an end. Redeployment is a process that attempts to match these staff wherever possible to suitable roles arising within the department and allows eligible staff to apply for appropriate vacancies as a priority candidate. Please see the 'redeployment explained' document in the quick links section. This document will explain how redeployment works.
Further information is available here. If you wish to discuss redeployment, contact the Employee Relations Partner to discuss.
Open ended contracts (subject to funding)
These are used where the post is externally funded and there is a reasonable prospect that external funding will continue long term from whatever source and for the foreseeable future. The work must also be central to the future plans of the department and therefore such that the department will wish to continue to support it for at least as long as external funding is available. The decision to issue an open ended contract is departmental but please contact your BM in the first instance to discuss.
Permanent contracts
These are used where the post is funded from general university income and for core roles that will provide a service that will always be needed. Although issuing a permanent contract is a departmental decision, in the first instance, please contact your BM to make any enquiries.
Workers (casual engagements)
Casual workers are hired on an irregular basis for a short period of time (no more than 12 weeks). There is no continuing commitment from the employer to offer work, and no obligation on the part of the casual worker to do the work offered. Casual engagements cannot be extended to longer than 12 weeks and there must be a minimum gap of 6 weeks between engagements with the University.
Casual Teaching Individuals engaged to provide temporary teaching support (typically in the form of an ad hoc series of lectures, classes, or seminars, but may also include ad hoc demonstrating or invigilation) for periods of less than 1 year are subject to the arrangements for casual teaching.
Departmental approval to engage casual workers must be sought from the BM in advance of engaging the casual worker. Additionally, any offer of casual work will be subject to the right to work in the UK. Further details available here.
If you wish to engage a casual worker, please contact HR Operations and they will take you through the paperwork required and explain processes with timesheets etc.
Self-employed Contractors and Consultants
A self-employed contractor or consultant is someone to whom the University has issued a contract for services and can be identified using the consultancy test. Please discuss any consultancy/contractor queries with your BM in the first instance. The BM will determine consultancy status and where appropriate will liaise with HR regarding issuing the contract for services. Further guidance available here.
There is a flowchart developed by central finance to determine the correct engagement and payment route for provision of services in the UK or overseas which can be viewed here.
For any other working arrangements, not covered on this page, discuss your Business Manager in the first instance.
REMINDER For any work undertaken, paid or unpaid, those carrying out work must have a right to work check before any work is undertaken. Right to work checks must only be completed by HR.
