Academic Tutors FAQ for Team Leaders v1.2

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1 Academic Tutors FAQ for Team Leaders v1.2 This document summarises common questions about Academic Tutors (ATs) and the outcomes of the AT Review (from September 2013). AT Duties and Rights 1. What types of work are included in the AT contract? The AT contract includes the following paid duties: Total Workload is 210% (2.1) of Teaching Hours 10% - Meetings, Development etc. (Category 3) 100% - Preparation and Marking (Category 2) 100% - Teaching hours (Category 1) 0 Lecturer Academic Tutor 2. What other duties can ATs perform? The Academic Workloading Framework states that additional paid hours may be agreed for: Additional meeting attendance (not related to module leadership / teaching) Additional marking (such as Transnational Education (TNE), i.e. not marking related to own category 1 teaching which would be included in the normal Category 2 hours.) Where agreed, these are additional Category 3 hours over and above the 210% shown above. They are (and always have been) paid at the flat hourly rate (see Question 10). 3. Can ATs be module / programme leaders? Not normally. The Academic Workloading Framework states that: Programme Leadership and Personal Tutoring should not normally form part of the AT role. In rare circumstances taking account of the student experience and associated quality issues (e.g. specialist programmes that need guidance from practitioners who work alongside the academics) agreement may be sought from the Dean to allocate Programme Leadership to a Salaried AT. Module Leadership should only be allocated to Academic Tutors and Salaried Academic Tutors in exceptional circumstances. Where agreed, these are additional Category 3 hours over and above the (1155) 210% standard contract shown above. They are (and always have been) paid at the flat hourly rate (see Question 10). Page 1 of 8

2 4. Does the AT Review give Academic Tutors extra rights? No. Academic Tutors are already employees with the same rights and entitlements as other employees, subject to any qualifying criteria. This includes: Occupational sick pay, maternity, paternity and adoption benefits. Annual leave. Access to a range of benefits, policies and procedures. After two years continuous service, the legal right not to be unfairly dismissed, and to be given a redundancy payment if their role is made redundant. The right to be given notice if their contract is to end (other than on the previously notified expiry date if they are fixed-term). 5. Are there changes to the pension schemes? At present ATs are automatically included in Teachers Pensions unless they opt out in advance. From September 2013 the Government is introducing mandatory pensions auto-enrolment which will remove the right to opt out in advance for most staff (aged 22 to 65 who exceed 787 gross pay in one month.) The right to opt out will only be available after staff have been automatically enrolled, meaning many ATs will be in the pension scheme for at least one month. The degree to which ATs will choose to opt back out (with a full refund) is unknown; if a substantial proportion stay in the pension scheme, Faculty and University on-costs will increase. 6. Will ATs become permanent? Under the fixed-term worker regulations, ATs become permanent when their contract is extended beyond 4 years unless we specifically justify them remaining fixed-term for a valid business reason (e.g. genuinely uncertain student demand.) In practice this is quite difficult to justify since the majority of ATs are issued regular contract extensions on an ongoing, openended basis. However it is important to note that permanency does not substantially constrain the University in the way that it uses Academic Tutors. Contract hours remain subject to student demand, and where necessary contracts can be ended with appropriate consultation and a redundancy payment. 7. Are Salaried AT s permanent? Salaried status is principally a method of paying in twelve equal monthly instalments instead of by timesheet claims. Although salaried status is only issued where the work is substantial and relatively stable, it does not necessarily mean that the contract is permanent, or confer additional rights. All Academic Tutors, whether hourly paid or salaried, can be employed on either a permanent (open-ended) or fixed-term basis. 8. Do I have to offer Salaried AT contracts? No. Salaried contracts are an optional arrangement where: Both the Faculty and the AT want them. The 150 hours threshold is met in two of the last three years. The Team Leader foresees an ongoing need for stable hours. Page 2 of 8

3 9. When do ATs have continuous service? Continuous service usually means working for the same employer without a break. However an employee may be continuously employed where there is a gap between regular periods of employment and both the University and the individual agree that the contract continues (for example staff who do not routinely work over the summer vacation period). Academic Tutors are normally treated as continuously employed despite some gaps in employment because they work regularly on a seasonal or intermittent basis and there is no reason to believe that this pattern will not continue. In any periods when the AT is not timetabled to deliver contracted hours, for example Easter Vacation, the contract reverts to a zero hours position (i.e. during that period there is no obligation on the University to provide work nor on the Academic Tutor to undertake work for the University). This does not break continuity. If an AT is not available, or refuses work and does not work as a result, this breaks continuity as it amounts to a resignation. HR must be informed when this is the case. AT Pay 10. Are ATs paid a premium rate? Is the rate changing? Clarified Academic Tutors are paid at the same grade and rate as an entry-level Lecturer (Grade E). Historically this has not always been clear, because the quoted rate of pay was multiplied up to include pay for other hidden AT duties (preparation, assessment, administration and development) (i.e. the hourly rate was for the blue, red and green duties in the chart for Question 1). From September 2013 we have changed the way we quote AT hours and rate of pay. Now the hours quoted in the contract include all categories of AT duties (see Question 1) and not just teaching, at the basic hourly rate. This is purely to improve transparency; there has been no reduction in pay for the same amount of teaching or other work, and no change to the nature of the duties that an AT performs. Example for an AT teaching 100 hours: Old: 210% of Grade E rate per Cat 1 teaching hour e.g x 100 hours = 4, : 100% of Grade E rate per Cat 1, 2 and 3 hour e.g x 210 hours = 4, ATs cannot normally choose when to take annual leave but are deemed to take it in periods between their scheduled work, and are paid for this holiday in addition to their salary. All AT hourly rates (old and new) therefore include an element of holiday pay. For simplicity, Faculty contract requests and AT claim forms will continue to focus mainly on the teaching hours, and the other categories of work will be shown transparently in the contract paperwork, claim form and WorkLoadPlan. Additional Category 3 hours (see Questions 2 & 3) have always been paid at the flat hourly rate. (Paying one type of work using the multiplied hourly rate for all three categories of work would mean substantially overpaying for e.g. Module Leadership compared to an equivalent Lecturer). Page 3 of 8

4 AT Recruitment and Vetting 11. Why are new recruitment arrangements being introduced? Most AT activity is delivered by existing staff. When new ATs are required, the new arrangements support academic quality by seeking to employ effective teachers and identify development needs. By hiring to a pool before the start of the year, a more consistent selection process and pre-employment checks can be carried out. This minimises the need to deal with time consuming issues once someone is in employment. The key pre-employment check is the UK Border Agency s requirement to take copies of original documents showing that the person is allowed to work in the UK before they start work. If we do not carry out this check, the University will be fined 10,000 for each person we employ illegally, and will be named and shamed online. Repeated breaches may lead to our licence to sponsor staff migrants being suspended or revoked. 12. Do the new recruitment arrangements reduce flexibility? The goal is to preserve the ability to deploy ATs flexibly, while balancing this with their rights as employees and the risks of non-compliance (notably UKBA). The AT pool/register allows Team Leaders to give ATs work at short notice, while supporting good quality assessment and reducing the risk of non-compliance. Ad hoc recruitment can still take place, as long as minimum standards are met and checks are carried out before work commences. 13. How can I anticipate potential student numbers and/or whether cover will be needed for externally-funded research or sickness? The ability to anticipate future need will vary from one area to the next, and there will always need to be a degree of ad hoc cover e.g. for unforeseen sickness. It is expected that there are subject areas where potential growth, gaps in current staffing, or specialist industry experience can be anticipated. Where that is reasonably foreseeable (even if it is not certain), staff should be recruited to the AT pool just in case. 14. How will the AT Pool / Register work? Staff are placed in the pool following a successful interview and completion of pre-employment checks. Staff in the AT pool are under no obligation to take work, and we are under no obligation to offer work. They are not employees and have no rights until they actually do work for us. This is clearly explained in correspondence issued by the Faculty Administrator. If a potential AT is unhappy with this arrangement they can decline. If an AT is no longer available when work is offered, they can decline the work and/or ask to be removed from the pool. Team Leaders can access the pool when seeking additional AT support. 15. Do I need to provide complete full details of skills and monitoring information along with every request for AT hours? No. This is not a requirement as long as the information is gathered once, normally at the recruitment stage. Page 4 of 8

5 16. Do I need to record ATs on WorkLoadPlan (WLP)? No. Unlike normal Academics where the Team Leader is responsible for input on WLP, Academic Tutor hours are recorded on WLP by Faculty administrators during the AT contracts process (this was formerly recorded on the CHRIS21 HR database). ATs will not be given access to WLP but will receive a printed copy of their workload as a schedule of activity. 17. Will recruiting to the AT register mean I have to attend interview panels? Yes. It is likely to require a few days for panel recruitment in e.g. June/July, depending on anticipated need for new ATs, and numbers of applications. Panels should have a minimum of two staff and should use the essential criteria in the AT role profile. Consideration should be given to testing teaching ability through e.g. presentations, module guides or lesson plans. HR can advise. 18. Am I expected to vet my current ATs? Key essential criteria: Educated to Degree level or equivalent professional qualification or, in exceptional circumstances, has significant experience as a practitioner within industry, within the relevant discipline. Previous teaching experience in an FE or HE environment or experience as a practitioner within industry, within the relevant discipline. No. Vetting of existing ATs is not immediately expected. We do need to confirm existing staff s eligibility to work in the UK, which will principally be done by the Faculty Administrator and HR. 19. Do I need to maintain the AT register? No. This is maintained by Faculty administrator, with Team Leaders only needing access to see potential Academic Tutors. Induction, Development and Engagement of ATs 20. Should ATs get induction or development? In order to support the engagement and development or our Academic Tutors, all ATs should get a local induction; a checklist is available for managers. Academic Tutors who have limited or no FE/HE teaching experience will be required to undertake a University two day development programme entitled Preparing to Teach at the University of Sunderland (12 hours). When they are contracted for at least 150 hours x 10% = 15 Category 3 hours) they will be required to attend both the Corporate Induction (3 hours) and the Preparing to Teach at the University of Sunderland course (12 hours). In addition, they will be expected to engage with CPD activity and/or the PostGraduate Certificate in Learning and Teaching and to submit for the HEA Fellowship, as appropriate and agreed with the Faculty. If development needs exceed the contracted time, additional Category 3 hours can be paid. Page 5 of 8

6 21. Do I need to appraise Academic Tutors? Yes. Annual appraisal is an important part of managing and developing ATs. Hours for managing ATs are in the revised Team Leader workloading tariff (on a pro-rata basis). Where a Team Leader has large numbers of ATs, alternative appraisers may be identified, or group discussions (with individual follow-up) may be more practicable. HR can advise. Changing and Ending AT Contracts 22. Do ATs have to be offered comparable hours to the year before? Yes, where an AT has worked similar hours for 2 or more years they have a reasonable expectation that their hours will continue at a similar level unless they are consulted about a change. Hours may still be varied for sound business reasons as long as the individual is treated reasonably, as described below. 23. Do I need to issue one month s notice when AT hours are reduced? This is only required if the variation goes beyond the normal fluctuations reasonably expected during the year i.e. only if the hours reduce significantly (e.g. by 10% or more) and the Team Leader believes the annual hours will not recover by the end of the academic year. There should also be common sense around the absolute size of the reduction i.e. a drop from 10 to 9 hours per annum is a 10% drop but is not a concern. HR can advise. (If a scheduled, contracted class is cancelled at very short notice by the University, payment should still be made for that class.) 24. Do I need to consult ATs about redundancy? This is required where the reduction or cessation of hours is significant enough that that the AT cannot continue working or reasonably rejects the change. HR can advise. The individual consultation process is largely separate to the issue of ATs who drift away over the summer and ultimately do not return, where we have an obligation to consult (and make a redundancy payment if over 2 years service) but there is complexity as to how this can be managed. A general letter is now issued to current ATs in May/June to explain the arrangements for the summer break and encourage the AT to get in touch if they do not intend to be available for further work. Discussion and consultation should still taken place with ATs about the availability and offer of hours in the new academic year. Further Information Available from Docushare: AT Role Profile: docushare.sunderland.ac.uk/docushare/dsweb/view/collection-8194 Framework for Academic Workloading Additional Contract Information: Induction Checklist: docushare.sunderland.ac.uk/docushare/dsweb/view/collection-8194 Appraisal: docushare.sunderland.ac.uk/docushare/dsweb/view/collection-8194 Available from the HR website: Page 6 of 8

7 Guidance on Employing Academic Tutors Academic Tutor Staff Handbook University pay scales: services.sunderland.ac.uk/hr/payrollpensionsreward/payscales/ Contract Paperwork: services.sunderland.ac.uk/hr/hrmanagementinformation/sysguides/ External information: UKBA: Page 7 of 8

8 Academic Tutors FAQ for Team Leaders v1.0 Date of Issue: June 2013 Last Amended: Feb 2014 Next review date: Approved by (e.g. Committee, Director, etc): 3 years after date of last approval Human Resources Date of last approval: May 2013 Author/Owner: Iain Clark Faculty/Service: Head of HR Management Systems and Information This Policy can be obtained from the Human Resources website, Docushare or by contacting Human Resources. If you would like this Policy in larger print please contact Human Resources. Page 8 of 8