Campaigning against the abuse of fixedterm contracts

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• Campaigning against the abuse of fixed-term
  contracts

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Fixed term facts and figures

• The picture across the UK is that the percentage
  of fixed-term contracts in use for academic staff
  is on the decline.
• However, the figures remain a cause for concern
• TR 12
• Research only 85
• Teaching only (TS) 59

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Spotlight Liverpool
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Fixed term facts and figures

• Although overall numbers are falling slightly, it
  is worrying to the UCU that the use of FTCs at
  appointment remains alarmingly high.
• For academic staff recruited in 2005 over 2/3
  were appointed on a FTC
• 32 of TR staff
• 72 of teaching only staff
• 96 of research staff

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Fixed term facts and figures

• The figures for Liverpool are even more
  depressing
• 35 of TR staff
• 100 of teaching only staff
• 99 of research staff
• were recruited onto FTCs in 2005.
• This implies that the culture of routinely using
  FTCs for academics in HE is not changing.

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How can we change things?

• The legislative framework
• Collective action
• Organising and recruiting

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Fixed Term Employees (Prevention of Less
Favourable Treatment) Regulations 2002

• Employer cannot treat a fixed-term employee any
  less favourably than a comparable permanent
  employee unless such treatment can be objectively
  justified.

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Fixed Term Employees (Prevention of Less
Favourable Treatment) Regulations 2002

• If you think you are being treated less
  favourably then you should write to the employer
  (the UCU can provide model letters) and ask for
  their reasons for the treatment. The employer
  must respond within 21 days.

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Collective action

• If groups of staff are being treated less
  favourably think about how you can support each
  other in using the legislation. It is likely that
  if one FTC member of staff is being treated less
  favourably they wont be alone. The local branch
  could take up the issue collectively or you could
  decide a day to all send in your letters to HR or
  set up a support network for those willing to
  take a case.

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Fixed Term Employees (Prevention of Less
Favourable Treatment) Regulations 2002

• The use of successive fixed-term contracts will
  be limited to four years, unless the continued
  use of a fixed-term contract is justified on
  objective grounds.
• Liverpool University have indicated that they
  will seek to put all FTC staff with more than 4
  years service onto an open-ended contract.

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Improved Security?

• The legal rights of fixed-term and open-ended
  staff are the same in relation to dismissal
• Dismissals must be for a fair reason
• There can be no unfair selection for redundancy
• There must be consultation about dismissals
  (collective and / or individual)
• The employer is under a duty to seek ways of
  avoiding redundancies
• After 2 years service there is the right to
  redundancy pay

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Improved Security?

• Improving security of employment means more than
  securing an open-ended contract.
• It means
• Staff being treated as an integral part of the
  University community
• Ensuring that resources are managed in such a way
  to avoid redundancy situations
• Breaking the employment link between individual
  research projects and individual researchers
• Having systems in place to redeploy staff as and
  when necessary

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Collective action - Negotiating for increased
security of employment

• A negotiated policy should
• Set out commitments to reducing the use of FTCs
• Commit to no less favourable treatment of FTC
  staff
• Identify the limited circumstances in which it is
  acceptable to use a FTC on appointment or renewal

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Collective action - Negotiating for increased
security of employment

• It should also
• Set out how the University can improve security
  of employment for all staff including the
  provision of a University wide redeployment
  scheme.

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Hourly Paid Staff

• The UCU is also campaigning against the
  widespread use of hourly paid contracts.
• These tend to
• Be poorly paid
• Be poorly managed
• Offer few career opportunities
• Be for a fixed-term usually not longer than a
  year

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Hourly Paid Staff

• UCU are seeking to
• Ensure hourly paid staff are assimilated to the
  new pay and grading structures in a fair way
• Ensure equal and fair treatment for hourly paid
  staff
• Convert hourly-paid to pro-rata contracts
  (without loss of income or security)
• Recruit and organise hourly paid staff

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The legislative framework

• FTC regulations
• Part-time worker regulations prohibiting less
  favourable treatment
• Equal pay
• Equality duties

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Collective action

• Negotiating for the assimilation of HP staff to
  the new pay and grading structures
• Using the legislation collectively

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Collective action campaigning

• Make sure everyone is aware of the issues
• Make sure everyone is aware of their rights
• Make sure the employer knows this is an issue for
  the whole union

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Organising and recruiting

• It is important to use a local campaign on
  fixed-term and hourly paid issues to recruit
  members to the union and to get FT and HP members
  involved in the union.

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What can I do?

• Join the UCU!
• Recruit new fixed-term / HP members to the UCU
• Improve awareness amongst fixed-term and
  hourly-paid colleagues of their rights and
  encourage them to use them
• Make sure colleagues know that UCU is campaigning
  on these issues
• Get involved with your LA
• Join the UCU Developing Activists Network (DAN)
• Help your LA with their campaign you can do as
  much or as little as you are able