1. Introduction

This policy, procedure and related guidance apply to the payment and contractual arrangements of hourly paid individuals across the University. These arrangements represent the outcome of widespread consultation and discussion across the University involving senior management, staff and GUCU.  The document sets out the pay and contractual arrangements associated with employing hourly paid individuals. The guidelines provide a degree of flexibility to Colleges and Schools and ensure such individuals are appropriately paid and rewarded for the duties and responsibilities for which they are engaged.

2. Type of Contract

Consideration should be given to the most appropriate contractual arrangement for hourly paid individuals in relation to hours, duration and number of contractual assignments, as outlined below.

2.1 Part Time/Fractional & Annualised Hours

A variety of formal contractual arrangements are well established and in place for employees with continuous service of 4 years or more and earning in excess of £5000 per annum. This is appropriate in situations in which the requirement for work to be undertaken is constant with little change or fluctuation over time and for which there is a regular pattern of hours on a weekly, monthly or annual basis.

Any such non-contracted individual identified as satisfying the criteria outlined above can reasonably expect to be transferred onto a part time/fractional contract/annualised hours contractual arrangement with a specified number of hours.

Conditions of employment for this group operate in accordance with those for full time equivalent employees with the relevant contractual entitlements granted on a pro rata basis related to actual contractual hours.

It is feasible to pay occasional additional hours in circumstance where employees work in excess of contractual hours up to 35 hours per week on actual hours worked basis.  These additional hours will be paid at normal unenhanced rates.

2.2 Zero Hours Contracts

A zero hours contract with no specified hours of work is appropriate in situations in which the requirement for work to be undertaken is planned and agreed over a period of months or longer, but the pattern of work is irregular and can vary from week to week or month to month.  Individuals engaged on such contracts are regarded as employees of the University.  The threshold for inclusion is continuous service of more than one year and having earned in excess of £2000 in the preceding year.  In the case of a tutor, this equates to approx. 5 or more hours per week over two semesters or the equivalent of approx. 100 hours or more per year.  This is appropriate in situations in which the requirement for work to be undertaken is unpredictable and/or very variable.  There will be months in which no work will be required to be undertaken and during these times the University will not be obliged to provide the employee with any work.

Conditions of employment for this group operate in accordance with those for full time equivalent employees with the relevant contractual entitlements granted on a pro rata basis to the actual hours worked.

Payment for hours worked are only processed via monthly timesheets submitted and appropriately authorised by the relevant Head of School/RI/Service (see section 7.2), in those months where hours are worked.  An additional payment in lieu of holidays will automatically be paid and appear as a separate figure on payslips for hours processed. 18.1% for Grade 1-9 will be paid as an additional payment in respect of holiday entitlement.

Note: If there is any doubt regarding whether or not a particular individual is an employee or an atypical worker, advice should be sought from the College/University Services HR Manager.  It is important to be able to correctly identify the status of an individual as an employee or a worker as the University has different legal obligations in each case.

2.3 Atypical Worker Status

Individuals falling outwith the categories outlined above at 2.1 and 2.2 and who are not full time employees, are classified as atypical workers.  This status is appropriate in situations in which the requirement to undertake work is irregular and occasional, on an ad hoc basis.  The University has full discretion whether to offer any work to the individual and individuals can choose whether or not to undertake the work offered.  Workers are not legally defined as ‘employees’ and are not employed by the University on standard University conditions of employment or otherwise although they do qualify for certain legal rights. In addition, within the University workers have restricted access to corporate IT systems allowing web access to the HR Payroll system.  

Payment for hours worked is determined by the nature of the work undertaken for which an appropriate hourly rate is paid.  This hourly rate is calculated in accordance with the University’s pay and grading structure.

Payment for hours worked are processed in accordance with monthly timesheets submitted and appropriately authorised by the relevant Head of School/RI/Service (see section 7.2), in those months where hours are worked.  An additional payment in lieu of statutory holiday entitlement, a legal right for workers, will automatically be paid and will appear as a separate figure on payslips for hours processed.  This additional payment in respect of holiday pay is calculated as 12.0319% of the individual's normal hourly rate.  An atypical worker's holiday entitlement will be calculated based on hours worked and will be pro-rated on the basis of a full time workers statutory holiday entitlement (currently 28 days).  For the avoidance of doubt, atypical workers have no additional entitlement in respect of public holidays.

Atypical worker status is not intended to cover students on scholarships which include some developmental work experience, and who are not regarded as employees.  Scholarship arrangements are covered by separate College specific guidance.

3. Multiple Assignments

It is acknowledged that some individuals have ‘multiple assignments’ and may fall into one or more of the categories outlined above.

In situations in which individuals undertake substantially different types of work at different levels, potentially within different Colleges and/or the activities are essentially unrelated, it may be appropriate for a separate type of contract to apply to each assignment.  In such a case, advice should be sought from the College/University Services HR team.   Where one type of work is undertaken once or very occasionally it may be paid in accordance with the atypical worker arrangements on an ad hoc basis.

4. Atypical Worker Duties Template

An atypical worker duties template should be completed prior to the recruitment of an atypical worker when a new role is required that has not previously been assessed/graded.

Once the Atypical Worker Duties Template has been completed, it should be returned to the College/University Services HR Manager who will assess the template to:

• ensure that the work is atypical;
• establish the rate of pay (linked to a point on the National Pay Scale or minimum wage);
• confirm whether any checks under the ‘Protection of Vulnerable Groups’ scheme are required.

Having reviewed the duties template, a member of the College/University Services HR team will then contact the School/RI/Service to notify them of the above.  Where the work is atypical and the School/RI /Service does not have an existing post of that grade they should contact hrphelp@glasgow to create a new post on the HR System.

5. Grading & Rates of Pay

5.1 Job Grading

Generic Job Descriptions for Tutors and Demonstrators have been circulated to all Colleges/Schools/RIs; these can be amended to suit the requirements within each area of responsibility.  A number of standard job descriptions are available below and have already been graded.  Any other job descriptions agreed at College/School/RI/Service level will be graded in accordance with normal University matching and grading processes.

5.2 Atypical Worker Job Descriptions

A number of roles have been identified as atypical worker status.  The Generic Job Descriptions for these roles, which can be amended to suit local requirements, are listed here:

Demonstrator - Generic Job Description - Demonstrator
This generic post is described as grade 5 level.

Tutor - Generic Job Description - Tutor
This generic post is described as grade 6 level.

GTA - Generic Job Description - Graduate Teaching Assistant
This generic post is described as grade 6 level.

PBL Facilitator (Medicine only) - Generic Job Description - PBL Facilitator
This generic post is described as grade 6 level.

Specialist Professional - Generic Job Description - Specialist Professional
Advice should be sought from the College HR Manager on local grading.

Student Helper - Generic Job Description - Student Helper
This generic post is described as minimum wage.

5.3 Rates of Pay

Employees and workers are normally placed on the bottom salary point of the grade for the job when taking up that role.  However, salary placement may be higher where it is so justified, subject to advice from the College/University Services HR Manager. 

The appropriate rate of pay is determined on the basis of the agreed job description and will be confirmed in the documentation governing the individual's relationship with the University.  Those engaged in roles associated with tutoring and graduate teaching related duties and responsibilities are initially placed at the bottom salary point of Grade 6 within the Research & Teaching job family. Those roles involving traditional demonstrating type activities are normally placed at the lowest point of grade 5 within the Technical & Related job family, conditional upon job matching/evaluation as appropriate.  For the avoidance of doubt, the hourly rate applicable to any particular salary point is calculated as illustrated below:-

• i.e. Grade 6 – SCP25 based on Single Salary Spine applicable from February 2012

£26,264 / 1825.005 (nominal 35 per week x 52.143 weeks/year) = hourly rate of £14.39

There are additional roles i.e. Invigilator, Marketing Assistant, Student Helper and other similar roles for which full job descriptions may not be appropriate.  In this case, a list of duties should be compiled by the relevant School/RI and paid accordingly after agreement with the College/University Services HR Manager on the grading in advance of the assignment.  There are other ‘one off’ or ‘ad hoc’ activities which may be paid in accordance with the national minimum wage.

The University salary scales and associated hourly rates are available here - August 2012 Rates of Pay.

5.4 Incremental Progression

Hourly paid employees (not workers) have access to incremental progression in accordance with the arrangements in place for full time equivalent employees with the relevant contractual entitlements granted on a pro rata basis to the actual hours worked.

6. Recruitment and Registration of Atypical Workers

6.1 Recruitment

The recruitment process for atypical workers should be sufficient to attract the best candidates available and ensure that it supports equality of opportunity and values diversity.  In particular it should enable all those in ‘target markets’ to have an equal opportunity to apply, while ensuring that the effort involved in the process is proportionate to the nature of the jobs on offer.

The University normally advertises externally, but it is acceptable to advertise internally-only in certain circumstances including where the post is short-term and/or where it can be reasonably demonstrated that internal advertising will generate a sufficient pool of appropriate candidates.

For example, in relation to a tutoring/demonstrating job which is expected to be of interest to current post-graduate students, the job should be advertised in at least the relevant Subject Area to give all eligible students an opportunity to apply.  This may be done by notifying all PG students in that area or by posting it on a well publicised local website or noticeboard.  Alternatively, all PG students could be invited to indicate whether they are interested in tutoring work and then those who do should have an equal opportunity to obtain jobs as they arise.

6.2 Registration

Once the worker(s) has been identified, they should be asked to meet with the School/RI/US administrator in order that the registration process can commence. During the first stage of registration the administrator will: 

• Carry out the necessary pre-employment/working permission checks to confirm eligibility to work in the UK (see section 6.3 below), and copy and certify the documentation;
• Enter the required basic personal details of the worker through the HR System i.e. name, date of birth, national insurance number, personal email address;
• Attach the worker to the appropriate post profile and upload the certified working permission documentation (e.g. passport, visa etc).

On completion of the first stage of the registration process, an email will be sent to the atypical worker’s personal email address which will provide them with their University of Glasgow ID (GUID) therefore enabling them to access the HR Payroll System.  The worker will then be required to log into the HR Payroll System  where they will complete the registration process by providing their bank details, diversity information and check all other personal details.  Please note that payment for work undertaken will not be made until the worker is fully registered.

6.3 Immigration and Asylum Checks

• In accordance with the Immigration, Asylum and Nationality Act 2006, all workers must provide the relevant School/RI/Service with documentation which proves that they have the right to work within the UK prior to undertaking any work for the University.  Details of the appropriate documentation can be found in: Identity & Working Permissions Guide
  

EEA (European Economic Area) workers must produce a copy of their full birth certificate or current passport. 
Please note that a UK Drivers Licence is NOT acceptable.

Non EEA (European Economic Area) workers must produce documentation which confirms that they have permission to undertake work in the UK.  Further information on working permissions can be viewed at: Points based immigration system guidance.

Students from outside the EEA who are over the age of 16 are permitted to work:

• For up to 20 hours per week during term time;
• Full time outside of their term time (although they must still have valid leave).

There may, however, be additional restrictions on the student’s passport therefore this must still be checked as part of the registration process.

For a list of EEA countries and further information on UK worker eligibility please visit the Border and Immigration Agency website: www.bia.homeoffice.gov.uk/eucitizens/

6.4 Protection of Vulnerable Groups (PVG) Scheme

In accordance with the Protection of Vulnerable Groups (Scotland) Act 2007, a member of staff/worker who is to carry out ‘regulated work’ (as defined by the Act) must undertake a PVG Scheme record check in order to confirm that they are not barred from working with children and/or protected adults.  The member of staff/worker will be notified accordingly where work has been identified as ‘regulated’.  Further guidance can be found in the Protection of Vulnerable Groups Scheme Policy.

7. Payment of Atypical Workers

Payment for hours worked is determined by the nature of the work undertaken for which an appropriate hourly rate is paid in accordance with the University’s pay and grading structure.

7.1 Hours & Payment Administration – Hourly Paid Employees & Workers

Hourly paid employees and workers are paid for hours worked to a satisfactory standard, where there is a requirement for work to be undertaken, subject to prior authorisation and approval by the Head of School/RI/Service.  For hourly paid employees engaged in tutoring and graduate teaching related activities, this includes being paid agreed appropriate time for preparation, administration and marking in addition to their teaching or class contact time. The table below indicates the amount of time which should be applied to a range of teaching/tutoring and teaching support related activities for which payment should be processed at School/RI/Service level accordingly.  Payment for demonstrating related work and any other exceptional activities is based on actual hours worked and the nature of this work does not normally involve significant preparation, administration, etc.

These are guidelines, although it is recognised that requirements may vary depending on the nature of the work and particular local circumstances. Any variations to the arrangements outlined above should be resolved at College/US level in consultation with the relevant HR Manager.

7.2 Processing Payment

Payment of hourly-paid staff is processed by completion of a Timesheet.   These are in spreadsheet format which includes notes on completion.

Please contact Payroll for further guidance.

Some hourly paid staff will have more than one assignment with the University in another College, RI or School.  It is essential that the correct person number and appointment ID is used to pay the person for work done.  This can be obtained from the HR Core BI Report  Distributed Standard 21 - Atypical Workers (Current) hr.  For any queries with running the reports please contact HR System Support team, hrphelp@glasgow.ac.uk

8. Termination Arrangements

Part time/fractional and hourly paid employees with contractual status i.e. zero hour, are required to formally resign from their posts in accordance with University terms and conditions of employment on leaving the University.

In the case of atypical workers who do not have an employment relationship with the University, notice to end the service agreement is governed by the terms of the letter of engagement and the school/RI/service adminstrator should monitor and end. In relation to atypical workers, a data cleansing exercise should be carried out on at least an annual basis.  The record for any individual not having received payment for an assignment for one year should be ended/removed from the University's system.

9. Monitoring & Review

The payment and contractual arrangements of hourly paid employees/workers across the University will be regularly monitored and reviewed and may be subject to change following consultation and discussion with University management, staff and GUCU.

10. Useful Links

• Identity & Working Permissions Guide
• NCS Registration Form
• Atypical Worker Duties Template
• P46 - HMRC form for new workers without a P45
• Atypical Worker Engagement Letter
• NCS Processing Guide (updated 3 April 2013)
• August 2012 Rates of Pay