Conditions of service for members of staff on grade 6 and above

1. Definitions

1.1. Where the context permits the following words shall have the following meanings:

• “University” means “Loughborough University”
• “Charter” “Council” “Statute” “Ordinance” “Regulation” or “Policy” relate to those of Loughborough University
• “Academic Staff” means staff in the Research, Teaching and Enterprise job family and staff in the Specialist and Supporting Academic Staff job family
• “Staff” means “one or more employee of the University”
• “Member” means “a person who is a member of staff”
• “Invention” means “any invention, improvement, design or process, whether patentable or not”
• “UCU” means “University and College Union”
• “JNCC” means “Joint Negotiating and Consultative Committee”
• “ARSNC” means “Academic and Related Staff Negotiating Committee”
• “Enterprise” means “academic engagement with business, public or voluntary organisations to create social, cultural and economic impact through knowledge exchange”

2. Conditions

2.1. Unless otherwise stated these Conditions apply to all staff on grades 6 and above.

2.2. The service of every member is also subject to the University’s Charter, Statutes, Ordinances, Regulations and Policies.

2.3. For the purposes of these conditions each academic year is deemed to begin on 1 October and end on the following 30 September.

2.4. University Council may from time to time revise or amend any of these conditions, which shall until they are further revised or amended be valid and binding on the University and the staff, subject to the precedence of statutory changes.

2.5. Any changes to these conditions shall be negotiated in accordance with the principles set out in the Partnership and Recognition Agreement.

3. Medical Clearance

3.1. All new appointees are required to complete a medical questionnaire and return this to the Occupational Health Unit to ensure that they are appropriately supported while at work and that their work does not create any risks to their health. In some cases it may be necessary for the new appointee to have an appointment with the Occupational Health Physician.

4. Probation

4.1. All newly appointed staff (including internal appointments, unless the appointment panel determines that it should be waived) will be required to undertake a probationary period before the appointment can be confirmed.

4.2. The procedures governing the process, including the duration of probation are outlined in the University’s Procedure for Probationary Appointments.

• Probation for staff in the Research, Teaching and Enterprise job family
• Probation for all other job families

5. Remuneration

5.1. The remuneration of members shall be in accordance with the current national scale negotiated between the Universities and Colleges Employer’s Association and the trade unions.

5.2. Professorial and equivalent grade staff shall receive such remuneration as may from time to time be agreed so long as it is not less than the minimum of grade 9.

5.3. Salaries are paid in arrears, in equal monthly instalments, on or before the last day of each month, by direct transfer to private bank accounts. Every member staff will receive a copy of their salary/wage slip. (Some staff are paid four weekly in arrears and this will be set out in their letter of appointment.)

5.4. For staff on incremental scales, who commence employment or are promoted in grades 1-8 inclusive on or after 1 March 2018, the normal incremental day is the anniversary of their appointment to that grade. Staff in post before 1 March 2018 will retain their existing incremental date of 1 August unless they are promoted to a higher grade after 1 March 2018.

5.5. Grades are determined by the job evaluation scheme introduced in 2006. Proposals for re-grading must include evidence of the development of a member’s role to include substantial aspects of a higher grade as shown in the appropriate job family. Within this context Lecturers appointed on grade 6 will be re-graded to grade 7 upon successful completion of their probationary period. Promotion to grade 8 as a Senior Lecturer will be conditional upon meeting the relevant criteria laid down by the Human Resources Committee. Unsuccessful candidates for promotion to Senior Lecturer may appeal against the decision by invoking the grievance procedure as outlined below.

5.6. Excellence rewards may be agreed in accordance with the Reward Review procedures. The appropriate University Committee shall consider annually proposals for these rewards.  Proposals shall normally be made by the Directors of Professional Service or Deans of Schools, but any member shall be entitled to make a self-submission to the appropriate Committee.

5.7. Achievement rewards may be awarded by a Director of Professional Service or a Dean of School at any time throughout the year.

6. Hours

6.1 Hours of work, whilst not fixed, are such as are necessary for the sufficient discharge of a member’s duties, as reasonably required by the Director of Professional Service or Dean of School and subject to the Working Time Regulations (1998). The nature of a member’s duties may require, from time to time, working during hours outside of the normal requirements of a post. No additional payment shall be made for such work, but equivalent time off in lieu may be granted at the discretion of the Director of Professional Service of Dean of School.

6.2 For the purpose only of calculating the salaries of part time staff, a full working week shall be taken to be thirty seven hours.

7. Duties

7.1. All members of staff shall be generally responsible to the Council for the performance of their duties and shall undertake duties as may be reasonably required by the Dean of School or Director of Professional Service.

7.2. Research, teaching and enterprise are the core areas of academic activity in the University’s mission and their integration is a distinctive feature of Loughborough’s approach. Academic staff shall do all in their power to promote by research or enterprise activity or otherwise the advancement of their field of study. All reasonable efforts shall be made to arrange the time required to be devoted to teaching and administration for staff in the Research, Teaching and Enterprise job family so that each member will have at least one day during each working week for the advancement of their field of study.

7.3. Teaching duties out of term shall be agreed between the member and the Dean of School.

7.4. Research Associates, Research Assistants and Research Fellows in the Specialist and Supporting Academic job family may include teaching duties up to a maximum of six hours per week on average during terms and subject to a maximum of 100 hours per annum, (subject to the terms of their funding if externally sourced).

8. Performance and Development Review

8.1. Every member’s post-probationary service shall be supported through an annual Performance and Development Review (PDR), in accordance with the procedures set out in the ‘Performance and Development Review Guidelines’, a copy of which shall be made available to staff.

9. Holiday

9.1. The holiday year runs from 1^st May to 30^th April each year. Specific arrangements are left to the discretion of the Director of Professional Service or the Dean of School concerned. Annual leave accrues at the rate of one-twelfth of the annual entitlement per calendar month. A pro-rata entitlement will accrue where employment begins or ends part way through a month.

9.2. Members are entitled to carry over five days’ unused holiday (pro rata if part time) from one leave year to the next. On the termination of employment, a member will be entitled to take paid holiday (or to receive payment in lieu) for any outstanding holiday entitlement. Where a member has exceeded their proportionate entitlement an appropriate deduction will be made from their final salary.

9.3. There are also 14 other days in each year, being public or statutory holidays and such other days when the University closes at its discretion.

9.4. Members employed on a part time basis will receive a pro rata entitlement.

9.5. The annual leave entitlement for full time staff is 30 days.

10. Residence

10.1. All members of staff are required to make such arrangements in regard to place of residence as will allow them to carry out effectively all their University duties and responsibilities and play a full part in the work and life of the University as appropriate to their job. The allocation of duties and responsibilities between staff cannot normally be modified to take account of residential factors.

11. Removal and Relocation Expenses

11.1. Subject to conditions promulgated by Council, the University will reimburse expenses incurred in the removal of household furnishings and effects by a member when relocating to take up an appointment of at least two years in the University. A resettlement grant, of up to the equivalent of month’s gross salary as at the time of appointment, may also be payable in respect of legal or other fees.

12. Retirement and Superannuation

12.1. Members whose contracts of employment extend for a minimum period of three months may immediately upon taking up employment with the University, join the Universities Superannuation Scheme (USS), the occupational pension scheme provided by the University. Contributions at the appropriate rate will be deducted from salary for this purpose.

12.2. Further information concerning pension schemes, entitlements to pensions and rights in regard to membership as well as details of how to opt out of the scheme is available on the USS website.

12.3. The University does not have a normal retirement age for staff. Any member who wishes to retire may do so by giving the appropriate contractual notice.

13. Special Leave and Leave of Absence

Under review

14. Family Leave

14.1. The family leave procedures set out the University’s current arrangements for a variety of family leave, in accordance with statutory provisions, including:

• Maternity leave
• Paternity leave
• Adoption leave
• Keeping in touch days
• Parental leave
• Time off to Care for Dependants

15. Sick Leave and Sickness Benefits

15.1. In the event of absence due to sickness or injury, notification must be given, by telephone or in writing, to the Director of Professional Service or Dean of School on the first day of absence, or as soon as reasonably practicable thereafter. In the case of late notification of incapacity without good cause, the University may withhold an appropriate amount from any payment of sickness benefit.

15.2. Members should use a self-certification form to cover the first seven days of absence. For absences of more than seven calendar days, employees will be required to submit a medical certificate from a doctor to the Director of Professional Service or Dean of School.

15.3. Members of staff are entitled to the following sickness benefit subject to the required medical certification of absence:

During the first year of service	Two months’ full pay and (after completing four months’ service) two months’ half pay
During the second year of service	Three months’ full pay and three months’ half pay
During the third year of service	Four months’ full pay and four months’ half pay
During the fourth and fifth years of service and thereafter	Six months’ full pay and six months’ half pay

15.4. The Council has discretionary powers to extend these benefits.

15.5. The full pay allowance is the exact amount which when added to statutory sick pay, state sickness or invalidity benefits, compensation payments or any other payments under any Social Security or Compensation legislation is the equivalent of the members’ normal full pay.

15.6. The half pay allowance is a sum equal to half normal pay plus any of the above benefits received, or receivable, provided that such sum shall not exceed normal full pay.

15.7. The entitlement during any period of absence shall be ascertained by deducting from the member’s entitlement any periods of paid sickness absence during the twelve months’ immediately preceding the first day of the current absence.

15.8. A member who is absent as the result of an accident shall not be entitled to sickness pay if damages may be receivable from a third party in respect of the accident. In such event the University may, having regard to all the circumstances, advance to the Member a sum not exceeding the sickness allowance otherwise payable under this Condition, subject to the Member undertaking in writing to refund to the University the total amount of such sum or  proportion thereof represented in the damages received. Any period of incapacity for work in such a case where a refund of the sum advanced to the Member is made in full shall not be recorded for the purpose of this Condition. Where however a refund is made in part only the University shall have discretion as to what extent the period of incapacity shall be recorded.

15.9. Qualifying days for payment of statutory sick pay shall be those days on which the Member is normally required to work under a contract of employment.

15.10. Any Member who is unable to perform their normal duties as a consequence of a medical condition may be required to undergo an examination by a medical practitioner nominated by the University at any time. The costs of any such examination will be borne by the University.

15.11. Detailed guidance can be found in the Sickness absence

16. Duration and Termination of Appointment

16.1. The appointment of a member of staff on a fixed term contract shall cease at the expiration of its limited period.

16.2. A member (other than Research Associates/Assistants and Senior Research Associates) may resign at any time by giving three calendar months’ notice in writing to their Director of Professional Service or Dean of School.

16.3. Following application of appropriate procedures set out in these Conditions of Service (e.g. discipline, capability, probation, ill health, redundancy) the University may terminate the appointment of a member (other than Research Associates/Assistants and Senior Research Associates) by giving three calendar months’ notice.

16.4. Research Associates/Assistants and Senior Research Associates wishing to resign must give one calendar month’s notice in writing to their Director of Professional Service or Dean of School.

16.5. Following application of appropriate procedures set out in these Conditions of Service (e.g. discipline, capability, probation, ill health, redundancy) the University may terminate the appointment of a Research Associate/Assistant or Senior Research Associate by giving a minimum of one calendar month’s notice rising by one week for each subsequent years continuous service, to a maximum of twelve weeks’ notice after twelve years’ continuous service.

17. Travelling Expenses and Subsistence Allowance

17.1. The University shall reimburse expenditure incurred by members travelling on approved University business in accordance with such conditions laid down by the University. Further information is available below.

• Expenses and travel advances

18. Death Benefit

18.1. In the event of a member dying whilst in the service of the University before retiring on pension, the University may at its discretion pay to such one or more of the dependants of the deceased member sums as follows:

During the first year of service	1 month’s salary
One to two years’ service	2 months’ salary
Two to three years’ service	3 months’ salary
Three to four years’ service	4 months’ salary
Four to five years’ service and thereafter	5 months’ salary

The word ‘dependant’ shall, in this context, have the same meaning as it has for the purposes of Income Tax rules and if, and to such an extend as, such meaning does not include any person who is or was wholly or in part dependent on the earnings of the deceased member, the expression includes any such person by way of addition.

19. Discipline

19.1. Please refer to the Disciplinary Procedure.

19.2. For staff where a substantial proportion of duties involve the provision of teaching, learning or research in accordance with their terms and conditions of service, please refer to Ordinance XXXV.

20. Grievance

20.1. Please refer to the Grievance Procedure.

20.2. For staff where a substantial proportion of duties involve the provision of teaching, learning or research in accordance with their terms and conditions of service, please refer to Ordinance XXXVII.

21. Capability (including ill health)

21.1. Please refer to the Capability Procedure.

21.2. For staff where a substantial proportion of duties involve the provision of teaching, learning or research in accordance with their terms and conditions of service, please refer to Ordinance XLI.

22. Redundancy

22.1. Please refer to the Redundancy Procedure.

22.2. For staff where a substantial proportion of duties involve the provision of teaching, learning or research in accordance with their terms and conditions of service, please refer to Ordinance XL.

23. Redeployment Flexibility

23.1. The University has the right to re-deploy staff from one post or area to another. The Redeployment Policy sets out provisions for re-deployment and the procedures to be followed once redundancies have been declared.

24. Confidentiality Clause

24.1. Members shall, subject to clause 24.2, neither during the term of their employment nor after the termination of their employment (without limit in time), unless authorised by the University or required by their duties hereunder:

24.1.1 use for their own benefit; or

24.1.2 gain or divulge to any persons, firm, company or other organisations whatsoever,
any Confidential Information belonging to the University or relating to its affairs or dealings which may come to their knowledge during their employment.

24.2. Members may only disclose the University’s Confidential Information:

• to the extent required by law, by an order of a court of competent jurisdiction or by any governmental or regulatory body to which the Member is subject or to which the Member submits; and

• to those who need access to the Confidential Information so that the Member can perform its obligations and exercise its rights under this Agreement and,

24.3. All Confidential Information (together with any copies or extracts thereof) related to the business of the University and made or acquired by the Member in the course of their duties shall be the property of the University and must be returned to it on the termination of employment.

24.3. For the purpose of this clause 24, “Confidential Information” means any information, which could have commercial value or sensitivity if made public or used in another context or employment. It shall include, but is not limited to:

24.3.1 information which has been specifically designated as confidential by the University or which, by reason of its character and/or the manner of its coming to the Member's knowledge, is evidently confidential;

24.3.2 any information which relates to the commercial and financial activities of the University;

24.3.3 any information supplied in confidence by any third party to which the University owes an obligation of confidentiality; and

24.3.4 information of a personal or otherwise confidential nature relating to students, alumni, members of staff, officers or lay members of the University Council, the unauthorised disclosure of which would be liable to cause harm or damage to the University,

where such information has not been specifically designated as confidential by the University, Members are expected to exercise reasonable judgement in determining suitability for disclosure. Information shall cease to be confidential where it is widely known outside of the University or has been publicly available or disseminated by the University, save (in either case) through the default of the Member.

24.4. A Member is not prevented from making a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996 or if ordered to do so by a court or other regulatory authority.

24.4 The restrictions contained in this clause do not apply to any disclosure by the Member:

24.4.1 which amounts to a protected disclosure within the meaning of section 43A of the ERA and/or any policy on disclosure operated by the University from time to time;

24.4.2 in order to report an offence to a law enforcement agency or to co-operate with a criminal investigation or prosecution;

24.4.3 for the purposes of reporting misconduct, or a serious breach of regulatory requirements to any body responsible for supervising or regulating the matters in question;

24.4.4 to the Equality and Human Rights Commission;

24.4.5 authorised by the University or required in the ordinary and proper course of the Member's employment or required by the order of a court of competent jurisdiction or by an appropriate regulatory authority; or

24.4.5 as otherwise required by law.

24.5. After the termination of their employment, notwithstanding the obligations of the Members as described and where the University is free and reasonably able to, Members will be given entitlement to use Foreground IP or know-how which they have contributed toward the generation of, in the furtherance of their career. It is the responsibility of the Member to verify entitlement before any such use. In the first instance, the Member should verify such entitlement with their immediate supervisor or line manager. For certain Foreground IP or know-how, such entitlement may be subject to usage limitations and/or to a reasonable delay for the University to determine and establish any protective measure necessary. 

24.6. Notwithstanding the above the University affirms that Members have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs and privileges at the University, in accordance with Statute XXI.

25. Protection of Rights

25.1. In accordance with the general expression of its Charter, the University is committed to a policy of equality and diversity in which all individuals are selected for appointment, given access to training facilities, considered for promotion or other salary advancement, and otherwise treated solely on the basis of their individual merits and abilities with a view to ensuring that no individual receives less favourable treatment on any ground not compatible with good employment practice.

25.2. All Members are free to communicate their political, religious, social and academic views in private and in public provided that this is explicitly done in their own name and not in the name of the University, and that communication does not refer to any connection with the University unless it is relevant to the subject matter of the Member’s communication.

25.3. The University has a Partnership and Recognition Agreement and supports the system of collective bargaining and recognizes the following unions as having sole negotiating rights for the following staff:

Research, Teaching and Enterprise job family Management and Specialist job family Specialist and Supporting Academic job family Technical Services job family (grade 6 only)	UCU
Technical Services job family (grade 1 -5)	Unite
Administrative Services job family Operational Services job family	UNISON

26. Intellectual Property (IP)

26.1. Intellectual property (“IP”) is any form of original creation that can be bought or sold. The University generates IP through its teaching, research, enterprise and associated administrative activities and is committed not only to revenue generation but also to creating wider social, cultural and economic benefit from its IP.

26.2. Except where subject to separate contracts and in accordance with the Copyright, Designs and Patents Act 1988, the University claims ownership of all IP (including know-how) which is generated by its employees in the course of their employment.

26.3 Each Member shall give the University full written details of all works embodying IP rights made wholly or partially by them at any time during the course of their appointment under this agreement which relate to, or are reasonably capable of being used by the University. The Member acknowledges that all IP rights subsisting (or which may in the future subsist) in all such works shall automatically, on creation, vest in the University absolutely. To the extent that they do not vest automatically, the Member holds them on trust for the University. The Member agrees promptly to execute all documents and do all acts as may, in the opinion of the University, be necessary to give effect to this clause 26.3.

27. IP Copyright and database right

27.1. Copyright protects original literary, dramatic, musical, and artistic works as well as films, sound recordings, broadcasts and typographical arrangements.  Database right protects against the unauthorised removal and re-use of database contents. In the UK, copyright and database right are automatic and do not need to be registered.

27.2. Examples of copyright protected materials include, but are not limited to, lecture notes and course materials, exam papers, books, text books and academic papers, technical drawings, research data, presentations, posters, web pages, software and databases. Except where necessary or subject to separate contracts, Loughborough University shall not assert any claim to the ownership of copyright in varying methods of academic communication including, but not limited to, journal articles, conference papers, seminar or conference presentations, novels, theatrical works (including plays), musical works (including lyrics and scores), or other artistic works.

27.3. Where the University does not assert any claim to ownership of copyright (as detailed above) the Member shall own such copyright, subject to their granting to the University an irrevocable royalty-free non-exclusive perpetual worldwide licence to use such materials in any University electronic repository, including the right (without seeking consent) to make necessary changes in accordance with technical requirements of such repository subject to agreement with the publisher.

27.4. Member(s) seeking to publish work in forms including, but not limited to, a textbook or e-book that reproduces copyright materials owned by the University should seek permission to proceed from their Dean of School. Such permission will not be unreasonably withheld. Copyright will remain with the University and this should be acknowledged in the publication. Any royalties received will normally be enjoyed entirely by the Member(s) or in appropriate circumstances will be subject to the distribution outlined in section 28.

27.5. Where the University is free and reasonably able to, Members shall be granted an irrevocable royalty-free perpetual worldwide licence to use any personal teaching and/or research materials in order to maintain a personal academic corpus of work and practice should they leave the University.

27.6. The University seeks to maximise the worth and use of the information resources that it provides for the benefit of members in their duties and expects that reproduction of copyright material will be a normal part of a member's activities. To this end, members are required to reproduce material in a proper manner, whether by means of legislative permissions, by licence or by direct permission from rights holders.

28. IP Commercialisation: Inventions and Creations

28.1. It is envisaged that Members in the RTE, SSA and TE job families may either alone or jointly with other person(s) make inventions or creations which might reasonably be considered suitable for commercial exploitation and which rely on IP over which the university asserts its claim to ownership. This may occur in the course of carrying out duties expressly assigned by the University or relating to any articles matters or processes which are or have been the subject of investigation examination research or design by the University. In exceptional circumstances, the arrangements below may be applied to a Members of the MA, AD and OP job families with the prior agreement of the Chief Operating Officer.

28.2. Members shall make themselves aware of the current University IP policy and follow the guidelines therein. This may involve the faithful disclosure to the University of full information and particulars. The Member should not disclose the same to other third parties without appropriate confidentiality agreements or permissions.

28.3. The Member, at the request and cost of the University during disclosure, development or exploitation of the invention or creation, shall:

(i)  Join with and assist the University (or its nominee as the University shall direct) in assessing the invention or creation and obtaining patents or other protective rights in relation thereto in any parts of the world;
(ii) Assist in the development and commercialisation of the invention or creation, and its promotion to third parties, including but not limited to documentation, communications and other activities;
(iii) Ensure that their contact details are kept fully up to date with the University, even if they should leave the University.

28.4. Where the University receives an income through commercialisation of IP and in recognition of the contribution of the Member(s) to the creation of such IP, the University will share the income with the Member(s) according to the IP Commercialisation Policy.

 28.5. If there is more than one Member, as outlined above, a fair distribution of accrued rights, including but not limited to NRP, shall either be agreed upon unanimously by all Members or where there is no consensus agreed before the invention or creation is commercialised, such proportions between them shall be unilaterally directed by the University.

28.6. For the avoidance of doubt the provision for the division of NRP does not and is not intended to supersede the Member’s rights under the Copyright, Designs and Patents Act 1988 or any amendment thereto.

28.7. Where the University is free and reasonably able to and where, after any such invention has been communicated to the University, the University does not desire to acquire the exclusive benefit thereof then on receipt of written notice to that effect from the University the Member(s) concerned shall be free to protect the same at their own cost and retain for themselves the exclusive rights thereto. Such notice by the University shall be given within a reasonable period but in no case shall it exceed a period of six months from the date of communication.

29. External Professional Work

29.1. External professional work is fundamental to the University’s commitment to knowledge exchange and covers activities, whether or not remunerated, which a Member carries out within or closely related to his or her professional field including those undertaken in a private capacity. Such activities are in addition to the engagements with business, public and voluntary organisations that form part of the normal enterprise duties of a Member.

29.2. Members are encouraged to undertake such work, which contributes to their professional development and advances the reputation of the Member and the University, provided that such work does not conflict with the proper prosecution of the Member’s normal duties, does not compromise the values, reputation, charitable status or other interests of the University and does not expose the University to any liability.

29.3. For Members in the Research, Teaching and Enterprise (RTE) job family, and for Research Fellows in the Specialist and Supporting Academic job family, no special permission is required to undertake external professional work routinely associated with holders of academic posts in universities e.g. authorship external examining; book reviewing; advising on publications; providing articles, broadcasts and lectures; and membership of committees and working parties. If requested, Members will notify their Dean of School of the extent and nature of their commitments and Deans of Schools will notify their own commitments to the Deputy Vice- Chancellor.

29.4. Members in the Specialist and Supporting Academic job family (other than Research Fellows), Technical Services, and Management and Specialist job families are encouraged to undertake external professional work concerned with matters which affect their professional interests. Members must seek permission from their Dean of School or Head of Professional Service. Heads of Professional Service do not require special permission but will notify their own commitments, if requested, to the Chief Operating Officer.

29.5. In the case of external professional work, including consultancy, attracting more than token remuneration or benefits in kind for the Member or involving a significant input of their time, a Member must follow the External Professional Work Procedures. Approval to undertake such work is generally necessary and consent may be withdrawn at any time for sufficient reason. Unless undertaken in a private capacity, such external professional work forms part of the enterprise duties of the Member.

29.6. It is the responsibility of Members to acquaint themselves thoroughly with the External Professional Work Procedures and to ensure that they are properly followed.

30. University Fellowships

30.1. Members of academic staff (with the exception of probationary staff and staff whose employment is funded through external funds (either on a fixed term or open ended basis)) may apply for a University Fellowship in accordance with the University Fellowship policy and procedure in accordance with Statute XV.

Updated: December 2020