1. Introduction

This policy, procedure and related guidance apply to the payment and contractual arrangements of hourly paid individuals across the University effective from the beginning of academic session 2009-2010.  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 staff 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 staff 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, 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 territorial HRM.  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 staff, 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 do not have access to corporate IT systems. 

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, 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 territorial HRM.  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

The atypical duties template should be completed prior to the recruitment of an Atypical worker.

The template will be assessed by an HR Manager to:

• Agree it is Atypical Work
• Agree appropriate rate of pay – linked to a point on the National Pay Scale or minimum wage
• Advise if Disclosure Scotland is required

Complete the Atypical Worker Duties Template and return to Human Resources Data Management Section hr-dms@admin.gla.ac.uk, preferably via School/RI/Service contact.

It will be returned to the School/RI/Service with a duties reference number.  This reference number should be quoted on any registration forms for individuals who are undertaking these duties. 

NB: It is not necessary to submit a duties template for each registration where agreement has been made.

5. Grading & Rates of Pay

5.1 Job Grading

5.2 Atypical Worker Job Descriptions

A number of roles have been identified as Atypical Worker status.  The Generic Job Descriptions for each role are listed here:

• Demonstrator - Generic Job Description - Demonstrator

This description can be amended to suit your local requirements.  This generic post is described as grade 5 level.

• Tutor - Generic Job Description - Tutor

This description can be amended to suit your local requirements.  This generic post is described as grade 6 level.

• GTA - Generic Job Description - Graduate Teaching Assistant

This description can be amended to suit your local requirements.  This generic post is described as grade 6 level.

• PBL Facilitator (Medicine only) - Generic Job Description - PBL Facilitator

This description can be amended to suit your local requirements.  This generic post is described as grade 6 level.

• Specialist Professional - Generic Job Description - Specialist Professional

Advice should be sought from the Territorial HR Manager on local grading.

Atypical Worker Job Description Templates

• Student Helper - Generic Job Description - Student Helper

This description can be amended to suit your local requirements.  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 your territorial HRM.  

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 normally and 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 October 2008
  £25623 / 1825.005 (nominal 35 per week x 52.143 weeks/year) = hourly rate of £14.039

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 is compiled by the relevant School/RI and paid accordingly after agreement with the relevant territorial HRM(s) 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 - 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 staff 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 workers have been identified please complete the registration form - Atypical Worker Registration Form

Send the form, ensuring all relevant information is completed and immigration documentation attached, to Data Management Section (DMS), Human Resources Department. 

Please note where the form is received by 1st of the month it will be processed in time to enable Schools/RI's/Services to submit claims to Payroll in time for that month payroll run.  DMS will notify Schools/RI's/Services of payroll claim number for new workers. 

6.3 Immigration and Asylum Checks

In accordance with the Asylum & Immigration Act 1996, all workers must provide identification in the form of a copy of their full birth certificate or current passport.

Non EEA (European Economic Area) workers must produce relevant documentation that establishes their right to undertake work in the UK.

** Please note that a UK Drivers Licence is NOT acceptable**

Where the individual is not physically bringing the documents to HR, a photocopy verifying that the original has been seen by a member of staff in the School/RI/Service is acceptable. It must be signed and dated to confirm this.

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

• For up to 20 hours per week only during term time
• Full time only outside of their term time and they must still have valid leave

However, in some cases there are restrictions on their passport therefore this is required 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 Disclosure Scotland Checks

When does Disclosure Apply?

Workers whose normal duties include caring for, training, supervising or being in sole charge of persons aged under 18.

School/RI/Service Duties

• Ensure the worker has completed all parts of the disclosure.
• Check ID and complete payment
• Send completed form to Data Management Section of Human Resources

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  This includes being paid agreed appropriate time for preparation, administration and marking, in addition to teaching or class contact time for hourly paid staff engaged in tutoring and graduate teaching related activities. 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.

Exceptionally, hourly paid employees expected to undertake activities such as scholarship, CPD, attendance at School meetings, briefings, etc. are paid on an actual hours worked basis as requested and agreed in advance with the Head of School/RI/Service. 

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 territorial HRM.

7.2 Processing Payment

Payment of hourly-paid staff is processed by completion of the Atypical Worker Payment Form. These are in spreadsheet format which includes notes on completion.

• Please note the Payroll claim form MUST be completed electronically to ensure the correct formulas within the template are activated to ensure the correct calculation of holiday pay for an Atypical Worker or Zero hour contracted claimant.  There is no individual claim form only a multiple entry.  Any enquiries regarding use of this form should be addressed to Payroll Section.

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 pay number is used to pay the person for work done.  The Department of Human Resources is able to inform Schools of hourly paid staff with multiple assignments – please contact the Data Management Section.

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.  In relation to atypical workers, a data cleansing exercise takes place on at least an annual basis.  The record for any individual not having received payment for an assignment for one year is ended/removed from the University's system, following consultation with the relevant School/RI/Service.

9. Monitoring & Review

This policy, procedure and related guidelines are effective from the beginning of academic session 2009-10, i.e. 1 September 2009. Any atypical worker payment processed beyond 1 August 2009 through the Department of Human Resources will be paid at an hourly rate as outlined in this document, in accordance with the University pay scale.  Any fees or exceptions to these arrangements should be processed in accordance with the guidelines outlined herein.  The payment and contractual arrangements of hourly paid staff 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. List of Forms

• Annex 1 - Eligibility to work in the UK
• Atypical Worker Duties Template
• Atypical Worker Registration Form
• Atypical Worker Registration Form (PDF)
• Atypical Worker Payment Form
• Zero Hours Payment form
• Example Zero Hours Form 
• P46 - HMRC form for new workers without a P45
• A-Typical Worker engagement letter  
• Rates of Pay