HR User Group 16 Mar 2009 – Policy Update Fiona Daffern

1. HR User Group 16 Mar 2009 – Policy UpdateFiona Daffern Maternity Redeployment & termination Sickness and annual leave Teaching Fellows probation Changes to grievance and discipline

2. Maternity Policy • For sponsored staff, where no provision is made by the sponsor, maternity pay will be 100% funded centrally • Contact research grants at the earliest opportunity to maximise access to sponsor funds. • Good practice when reorganising duties. • Foster leave and surrogacy • Accrual of bank holidays in addition to annual leave

3. Redeployment & Termination • Recent claims where processes not followed • Need to followtermination process, including notice, even where additional funding is being sought • Earlier access to the redeployment register • New standard letters • Assistance from JobCentre Plus available

4. ECJ Ruling ‘Stringer v HMRC’ • Accrual of statutory annual leave during periods of sick leave (paid or unpaid) • Carry over of all statutory annual leave where unable to take due to sickness • Cannot currently pay for untaken statutory annual leave, unless at termination • Question of taking annual leave during periods of sick leave referred back to the UK courts

5. Teaching Fellows Induction and Probation • Probation period will be 24 months. • Must successfully complete either Module A or B of the Post Graduate Certificate in Learning and Teaching in Higher Education (PGCLTHE) • Exceptions for TF teaching less than 50 hours pa – successfully complete the Introduction to Teaching in HE course • Disciplinary or capability policy (except underperformance) applies after successful completion of 1st year

6. Grievance and Discipline – legal framework • Employment Act 2008 repeals the Statutory Dispute Regulations repealed w.e.f. 6 April 09 • Revised ACAS Code introduced plus accompanying guidance on handling discipline and grievance situations in the workplace. The Code does not apply to dismissals due to redundancy or the non-renewal of fixed term contracts on their expiry. • Increased emphasis on alternative dispute resolution mechanisms, including mediation, to encourage earlier resolution

7. Grievance and Discipline - Tribunals • Employment tribunals will have discretionary powers to adjust awards by up to 25% if employers or employees have failed unreasonably to comply with the Acas Code; • There will be some technical changes to the law relating to Acas’ provision of conciliation services during disputes; • Tribunals will be allowed to award compensation for financial loss in certain types of monetary claims.

8. Grievance and Discipline - transition • If the trigger date is on or after 6 April 2009, the new regime will apply. • If the trigger date is on or before 5 April 2009, the old regime will continue to apply. • In the case of a disciplinary or dismissal issue, the date of the trigger event will be the date when the employer has started action against the employee. • In the case of a grievance issue, the trigger date will be the date of the action about which the employee complains.

9. Grievance and Discipline – Appeals • The grounds for appeal are not limited, but code/ guide gives examples similar to our current policy i.e. penalty too severe, new evidence etc. Can include a rehearing. • Impact on who attends appeals