Conditions of service
External Professional Work Procedures
1.1 These procedures are concerned with the types of external professional work defined in section 29 of Academic and Related Staff Conditions ofService.
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.
2.1 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 thisframework.
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).
3.1 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 properlyfollowed.
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 outsidework
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 normalduties.
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 professionalwork
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 processof approval.
5.4 For approval of any work to be undertaken in a private capacity, Members arerequired 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 threeyears.
5.6 Deans of School, in consultation with the PVC(E), have discretion to excludespecific 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.
Annex 1: Application to undertake work falling under the external professional work procedures in a private capacity
Please read carefully the External Professional Work Procedures associated with your conditions of service before completing this form. This form must be submitted in respect of all work falling under the Procedures that is to be undertaken in a private capacity,, including that to be undertaken outside normal working days as defined in conditions of service. This form should be submitted to the Dean of School or, in appropriate cases, to the Vice-Chancellor.
2. Department / School
3. Description of work involved.
4. Confirm completion of the indemnity form
5. Estimate the total amount of time the work in question involves and state when it is likely to occur.
6a. According to section 29 of the Conditions of Service for Academic and Related Staff, the work must not adversely affect or conflict with the proper prosecution of your normal duties. Give further information that will help the Dean of School or Vice- Chancellor arrive at an informed decision on this application with respect to section 29.
6b. According to section 29 of the Conditions of Service for Academic and Related Staff, the work must not compromise the values, reputation, charitable status or other interests of the University and must not expose the University to any liability. Give further information that will help the Dean of School or Vice-Chancellor arrive at an informed decision on this application with respect to section 29.
7. Details of the approved rate of reimbursement to the School for the salary and related costs of the applicant.
8. Details of any University resources, including facilities or staff, required to undertake the work and details of the approved rate of reimbursement for use of these resources.
Signed by Applicant: Date:
9. Dean of School's (or in appropriate cases, the Vice-Chancellor's) decision as to permission and the terms on which it is to be granted (NB this may include an obligation periodically to resubmit this form with updated information).
Annex 2: Indemnity
in consideration for Loughborough University (the University) granting permission pursuant to the provisions of Condition 29 of my Conditions of Service to carry out external professional work in a private capacity for namely,
hereby agree and undertake:-
1. To indemnify and keep indemnified the University from and against all liability loss damage costs expenses claims or demands of whatsoever nature and howsoever arising and which arise out of or as a result of the carrying out of or the failure to carry out the said outside work
2. To effect and maintain at my own expense such policy or policies of insurance to cover my liability in respect of any act or default for which I may become liable to indemnify the University under the terms of this indemnity and if required to do so to produce to the University such evidence as they may require that insurance cover has been affected.