External professional work procedures

Introduction

1.1 These procedures are concerned with the types of external professional work defined in section 29 of Academic and Related Staff Conditions of Service.

1.2 External professional work must be within or closely related to the Member’s professional field in order to be classified as a primary purpose activity for corporation tax purposes.

2. Scope

2.1 These procedures apply to consultancy, appointment as a company director (including to a University spin-out company) and the general provision of advice and services to external organisations.

2.2 These procedures apply to teaching on non-award bearing short courses and on award bearing courses run on a self-funding basis outside RASCAL (under rules approved by the University).

2.3 In specific cases, the external professional work described in sections 2.1 and 2.2 is part of the normal enterprise duties of a Member and remuneration or benefits in kind over and above their University salary are not received. Deans of School or Heads of Professional Service have discretion to exclude such work from this framework.

2.4 These procedures apply to organisation of and participation in short courses outside the University which are to be dealt in the same manner as consultancy (see Section3).

2.5 Where a Member is appointed to a position in a company in which the University has an equity share, including university spin-out companies, arrangements will be agreed with the Dean of School or Head of Professional Service and approved by the Pro Vice- Chancellor (Enterprise).

3. Consultancy

3.1 As consultants, Members use their skills and knowledge to work for an outside organisation for an agreed commercial fee. Consultancy can take the form of a single project, a series of projects or a regular arrangement where a retainer is paid. External appointments, such as to the post of director of an external company, and short courses running outside the University can be treated as consultancy for the purposes of these Procedures.

3.2 Consultancy undertaken through Loughborough University Enterprises Limited (LUEL) is central to the University’s enterprise strategy and is encouraged. This recognises the essential and mutually beneficial connection between the reputations of the consultant and the University, in addition to the use of University resources. LUEL’s specialist support includes advice on contract negotiation and intellectual property protection together with appropriate professional indemnity and other insurances. LUEL will ensure that all internal approval processes are properly followed.

3.3 Members in the Research, Teaching and Enterprise (RTE) job family, and in the Specialist and Supporting Academic job family except Research Associates and Senior Research Associates may act as consultants in a purely private capacity where all the proceeds are retained by the individual but where all the costs and liabilities attach also to the individual. The Member is responsible, in such cases, for ensuring that:

a) the work is consistent with section 29 in Conditions of Service, particularly with respect to conflict with the University’s own taught course provision or any commercial conflict with LUEL.

(b) the work emanates entirely from their private address

(c) the client is informed in writing in advance of undertaking the work that he/she alone is responsible for any advice given and that the University accepts no liability whatever.

3.4 In all cases in which it is proposed to use University facilities or staff in support of external professional work, arrangements must be approved in advance and a commercial fee set for the use of all resources required.

3.5 Consultancy undertaken through LUEL will normally attract a workload model allocation whereas work undertaken in a private capacity will not unless conducted on a “buy-out” basis (see 5.2)

4. Limitation on time spent on outside work

4.1 The amount of external professional work as defined in section 2 above shall not normally exceed 30 working days per year for a member of staff in the Research, Teaching and Enterprise job family or the Specialist and Supporting Academic job family. For this purpose, the year runs from 1 August and a day is defined as a working day, i.e. a day upon which an individual could be expected to be present in the University undertaking their normal duties.

Where exceptional permission has been granted to exceed this limit, the Dean will draw this to the attention of the Pro Vice-Chancellor (Enterprise).

4.2 If it is proposed to undertake such work during a period of study leave or leave of absence, additional permission must also be sought in accordance with these Procedures and Ordinance XV.

5. Applications for permission to undertake external professional work

5.1 On receipt of applications, in advance, to undertake external professional work as defined in sections 2 and 3 above, Deans of School or, in the case of Deans or Pro-Vice- Chancellors, the Vice- Chancellor, will decide whether or not to grant permission. The Vice-Chancellor shall apply to the Chair of Council for permission to undertake outside work. Approval may be withdrawn at any time for sufficient reason.

5.2 Deans of School and Heads of Professional Service are entitled to seek reimbursement for the salary and related costs of the Member from any fee earned for the assignment. The scale of the reimbursement will be agreed as part of the approval process.

5.3 For consultancy conducted through LUEL, LUEL staff will manage the process of approval.

5.4 For approval of any work to be undertaken in a private capacity, Members are required to:

(a) disclose to the Dean of School details of the assignment proposed on the official form (see Annex 1)
(b) provide the Dean of School with a written indemnity in approved form (Annex 2) in respect of any liability attaching to the University. The consultant must arrange their own professional indemnity insurance.

5.5 Applications associated with on-going assignments require renewal every three years.

5.6 Deans of School, in consultation with the PVC(E), have discretion to exclude specific assignments from this framework.

6. Annual Reporting

6.1 Deans of School are required to submit an annual report in standard format to the Pro Vice-Chancellor (Enterprise) on the applications to undertake external professional work in a private capacity as set out in section 5.4 above.