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Joint Report of the Council and the General Board on the changes required in the University's current employment practices as a result of the European Directive on Fixed Term Working: Notice

9 December 2002

The Council have considered the remarks made at the Discussion of this Report on 15 October 2002 (Reporter, 23 October 2002, p. 212). They have consulted with the General Board and have agreed to comment as follows:

1. Dr N. A. Dodgson expressed the hope that Research Associates employed on a succession of separate, fixed-term research grants will be covered by paragraphs 6(ii) and 6(iii) of the Report. Paragraph 6(ii) will indeed apply to all externally funded appointments of a fixed-term nature. However, what is not clear from the Directive, the Government Regulations, and the DTI guidance is the point at which the total period of a fixed-term employment ceases to have any justification. Although the present circumstances and requirements of an appointment, which may vary from case to case, may well be factors in determining whether it is justifiable under the requirements of the Directive, employers will be dependent on the development of case law for clarification of this and other aspects of the Directive. Paragraph 6(iii) is not necessarily applicable to the employment of contract research staff in general: it is intended to apply to an individual who, for example, is appointed to undertake and complete a specific task or project, for example preparation of software for a specific purpose, or handbook.

2. In response to the remarks of Dr Evans that are relevant to the substance of the Joint Report, the Council and the General Board wish to emphasize that the proposals contained in the Report are aimed at ensuring compliance with the requirements of the Directive, which is concerned with the elimination of the misuse of fixed-term contracts and, where there is no justification, the less favourable treatment of staff employed on such contracts. The Directive recognizes that fixed-term contracts have legitimate purposes.

3. The Report proposes that all appointments, regardless of grade, which are centrally funded, will be permanent, subject to confirmation on the successful completion of a probationary period. However, the University, along with all other institutions in the HE Sector, would be acting irresponsibly if it were to underwrite from its own resources the cost of the employment of all externally funded staff on permanent contracts, the great majority of whom are contract research staff.

4. With regard to Computer Officers, a significant number in the higher grades do have tenure to the retiring age and the current career structure is such that it is possible to progress from the lower to the higher grades where such tenure is possible. The Report provides that in all grades of Computer Officerships that are centrally funded appointments shall be permanent. Some Computer Officerships, however, are established on external funds and are necessarily of a fixed-term nature; the use of fixed-term contracts in such circumstances continues to be justifiable.

5. The suggestion that, although it has been known for a year that something would have to be done to address the Directive, the University has left matters until the last minute, is unfounded.

6. A number of Dr Evans's comments concern the probationary arrangements described in the Report, which relate to academic-related staff. Probationary arrangements, such as those described in the Report, are common practice in both the public and the private sectors. Draft schemes mentioned are also being prepared for academic, contract research, and assistant staff and these will contain details of how members of staff will be assessed, the criteria, and provisions for appeal. Consultation on these draft schemes will be undertaken in the near future.

7. Following the approval of the Report by the Council and the General Board and its publication in the Reporter, further communication with the Isaac Newton Institute for Mathematical Sciences has revealed the need to make some revision to the proposed detailed changes to the regulations of this institution as set out in the published Report. The change to be made is as follows:

Isaac Newton Institute for Mathematical Sciences

Regulation 4 of the current regulations for the staff of the Institute (Statutes and Ordinances, p. 643) shall be amended to read as follows:

4. There shall be a University office of Deputy Director of the Institute, which may be held concurrently with another University office. Appointments and reappointments to the Deputy Directorship shall be made by the Management Committee. If the office is held concurrently with another University office, appointments and reappointments shall be made for periods of not more than five years at a time, provided that no person may hold the office for a total period exceeding six years.

8. A minor correction to the change in Regulation 6 for the Cambridge Programme for Industry is also necessary. The sentence to be deleted is the third sentence not the second sentence.

9. Detailed guidance on the action that will need to be taken by Faculties and Departments and other institutions with the assistance of the Personnel Division in relation to both existing members of staff and to new appointments with different staff groups will be issued as soon as possible after the recommendations of the Joint Report have been approved by the Regent House.

10. The Council, with the concurrence of the General Board, are submitting a Grace (Grace 6, p. 406) to the Regent House for the approval of the recommendations in the Joint Report, subject to the revisions referred to in paragraphs 7 and 8 above.

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Cambridge University Reporter, 11 December 2002
Copyright © 2002 The Chancellor, Masters and Scholars of the University of Cambridge.