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

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

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

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

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 1 st year

Grievance and Discipline – legal framework Employment Act 2008 repeals the Statutory Dispute Regulations repealed w.e.f. 6 April 09 Revised ACAS Code introduced plus accompanying guidance on handling discipline and grievance situations in the workplace.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

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.

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.

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