CONTRACT OF EMPLOYMENT FOR ACADEMIC STAFF STATEMENT OF MAIN TERMS & CONDITIONS OF EMPLOYMENT The terms include particulars of your employment as required under the Employment Rights Act 1996. 1. Name of Employer - Royal Conservatoire of Scotland On behalf of the Board of Governors, I wish to confirm your engagement as within the School / Department of the Royal Conservatoire of Scotland, 100 Renfrew Street, Glasgow, ( the Conservatoire ). 2. Name of Staff member (Insert Name and address) 3. Date of Commencement of Contract Your employment is effective from (insert date) If this appointment is fixed term it will terminate on. (insert date) Your period of continuous employment in accordance with your statutory rights dates from (insert date) No employment with a previous employer counts as part of your continuous employment with the Conservatoire. 4. Job Title You will be employed as. (Insert Job Title). All posts within the Conservatoire are subject to a Job Evaluation scheme, as per the Conservatoire Job Evaluation Policy, which is available on the Conservatoire Intranet. 1
5. Duties and Responsibilities Your duties are those specified in the Job Description attached, which forms part of your Terms and Conditions of Employment. The duties and responsibilities of a professional academic vary according to subject specialism, however the duties will include an appropriate balance of the following: Teaching and related activity including direct teaching, and other tutorial guidance, examining and assessment, course and curriculum development, course leadership, development of learning support material, methods and applications. Related duties including educational management and administration; participation in relevant internal and external committees, working groups and project teams; mentoring, counselling and other forms of student support; participation in quality assurance procedures; recruitment, selection and admissions of students; Career Review; representing the Conservatoire or profession on external bodies. Scholarly activity and personal development Research, consultancy, and other forms of income generation. 6. Access to Conservatoire E-mail and IT Systems On commencement with the Conservatoire, you will be granted access to the Conservatoire e-mail and IT systems. With e-mail being the main form of communication within the Conservatoire, you will be required to check your Conservatoire e-mails on a regular basis and use it to keep in frequent contact with your line manager and other members of staff. Conservatoire e-mail should be used for all Conservatoire related business and operations. Your e- mail account can be accessed from outside the Conservatoire through the Conservatoire website. All Conservatoire e-mail accounts may be accessed and monitored by the IT department, in line with the Conservatoire Information Security Policy. All new staff members will receive an IT induction, and further training will be available via the IT Trainer. You will also be granted access to the Conservatoire extranet, which is the internal information system for the Conservatoire. The extranet is a source of information on all the latest developments within the Conservatoire as well as 2
a repository for Conservatoire policy and procedural information with which all staff must comply. On your commencement, you will be expected to peruse the information contained on the extranet, with regard to policies and procedures. You will also be expected to access this information source on a regular basis to keep up to date with new developments taking place within the Conservatoire or any amendments made to Conservatoire policies and procedures. On using the Conservatoire e-mail or any IT systems within the Conservatoire, you must adhere to the Acceptable Use Policy, Information Security Policy and Conservatoire E-mail Policy, which are available on the extranet. If you require any further information on these policies you should contact a member of the IT Department in the first instance. 7. Induction Review Period and Career Review You will be required to complete the Induction Review Period in accordance with the Conservatoire s Induction Review Period Policy and Guidelines. The duration of the Induction Review Period will be as follows: Grade 1 6 Grade 7 and above * Conservatoire Executive members 6 month Induction review period 9 month Induction review period 12 month Induction review period * Includes Grade 6 Early Career Lecturer posts You will be required to participate in the Conservatoire s Career Review Scheme. The details of the scheme are available from the Human Resources Department. The Conservatoire is committed to appropriate general and targeted investment in staff development that will benefit you and the Conservatoire. The Conservatoire is committed to continuously improving processes and procedures that will facilitate this on a cost-effective basis. Five days staff development per annum for specified purposes is assured over and above other provision. These 5 days will normally be identified at the start of the year. The purpose is to focus on knowledge and skills that will be important for the future. This will include, inter alia, targeted development in teaching and assessment methods etc., preparation of material/portfolios etc., IT skills; commercialisation and research skills, business related skills. This is neither inclusive nor exhaustive but is indicative of where the guaranteed days will be expected to be deployed. 3
You may be required to complete a locally determined Learning and Teaching Development Course within six months of appointment, unless you can demonstrate accredited prior learning (APL) or "equivalence" to the satisfaction of your Line Manager. You will be required to participate in reasonable arrangements to further your training and continued personal development. 8. Hours of Work Time devoted should be that which is reasonably necessary to fulfil the duties of the post and to achieve the appropriate balance for you and the Conservatoire. Your duties and pattern of working will be set out in an Activity Plan agreed with your Line Manager. Reflecting the changing nature of demand, the normal working week may include weekend and evening working. Recognising that there are fluctuations of demands over the academic year, you would not be scheduled to work in excess of the normal working week, averaged over the year as a whole. Any additional working over and above that already covered by the Activity Plan will be agreed and be conditional on reasonable notice being given, having regard to the circumstances and appropriate compensatory arrangements. Time off in lieu (TOIL) will normally be granted for such additional work, with payment being made in exceptional circumstances. Your Activity Plan should include the following: Jointly agreed objectives, including milestones and outcomes expected An appropriate balance of teaching, scholarly activity, research, consultancy and personal development and other possible activities within the duties of an academic Your Activity Plan will relate to a specified period, e.g. term or year as appropriate, but should be updated and reviewed as necessary. Your Plan will also form one element of staff development and Career Review. In developing your Activity Plan, regard will be given to the importance of family responsibilities and of ensuring an acceptable quality of life. If you cannot reach agreement with your Line Manager the matter will be remitted to the Department of Human Resources for advice will be dealt with 4
under a process of mediation with yourself, your line manager and the Human Resources department For administrative purposes, in the calculation of pro rata contracts, a nominal figure of 35 hours per week will be used. If you are employed on a part-time basis, your hours of work will be.. (insert number of hours) per week, the working pattern being as follows: (insert details) 9. Place of Work Your normal place of employment will be at the Conservatoire s premises at 100 Renfrew Street, Glasgow, or such other premises as may be required from time to time. You will not normally be required to work outside the United Kingdom however the Conservatoire may require you to work outside the UK. If you are required to work outside the United Kingdom in the future you will be consulted well in advance and, if the arrangements are agreeable to both parties, will be issued with a supplementary statement providing full relevant details at that stage. As part of your duties, you may be required to travel within the United Kingdom. Such travel may include attendance at conferences or seminars for the purposes of maintaining and updating your professional skills. Normal expenses incurred on Conservatoire business will be reimbursed on the basis of receipted expenditure. 10. Remuneration The current salary for this post is (insert salary) per annum (point (insert point) of the scale points (insert point) - (insert point) of the Conservatoire salary scale). The Job Evaluation Grade for this post is Grade. (insert Grade). The salary scale is attached for information. If your post is a part-time appointment the pro rated current full-time salary for this post is. (insert salary) per annum (point.. (insert point) of the scale points.. (insert point) -.. (insert point)). From your initial placing you will progress automatically within the scale on an annual basis. One increment will be payable on 1 st August each year 5
provided that you have six months service in post on that date, subject to satisfactory progress and the maximum of your scale. It is the expectation that staff will proceed by incremental progression through the grade. However, there may be exceptional circumstances where it would be reasonable for incremental progression to be withheld. This might include unsatisfactory conduct; concerns over work performance; unsatisfactory review; concerns over capability etc. Prior to any increment being withheld, you will be informed in writing and a statement will be given in writing setting out the reasons for this proposed action and the appeal procedures. Increments may only be withheld following consideration of the matter between the Head of Department / Director and the Director of Human Resources. There is provision within the salary scale for Contribution points. Certain criteria (to be confirmed in consultation with the EIS and the Consultative Forum) will require to be met for such pay progression. Any increment due will be payable on 1 st August. If your employment commenced on or after 1 st February in any year, any increment thereafter will be paid on the 1 st August of the following year. Appropriate statutory deductions, including PAYE and National Insurance contributions, will be made from the above figures. 11. Annual Leave The holiday year is 1 st October to 30 th September. For those staff on Grades 1-6 the annual leave will be 25 working days. For those staff on Grades 7-10 the annual leave will be 30 working days. For the first year, for the period.. (insert start date) to 30 th September 2012, your annual leave entitlement will be (insert number) days. Your normal annual entitlement will be days (insert number), being the FTE pro rata equivalent of 25 / 30 days (Delete as appropriate). 6
You will be entitled to carry forward up to 5 days annual holiday for one year only in to the following holiday year. In addition to annual holidays, you will be entitled to a total of 10 days statutory or local holidays, plus 2 mid-term holidays per annum, as designated by the Conservatoire (i.e. 12 days in total). In the event of you joining or leaving the Conservatoire s employment in the course of the holiday year, you will be entitled to the pro rata number of days holiday to which your services during the holiday year entitled you, based on complete calendar months. On leaving, you will be paid for or may be required to repay in respect of holidays undertaken or overtaken, as the case may be. The Conservatoire reserves the right to designate up to, and including, 2 days within this allocation to be used between Christmas and New Year. Prior approval must be gained before booking / taking any annual leave. Permission will not be unreasonably refused. Any debate over annual leave should be referred to the Director of Human Resources. Up to 15 days continuous leave may be taken in any one leave year, to be taken out-with term-time, unless in exceptional circumstances. 12. Deductions The Conservatoire reserves the right to make deductions from your salary in respect of overpayment of salary, expenses, loans, unpaid fines, Student Fees or relating to an Conservatoire provided vehicle, bills you have incurred on behalf of the Conservatoire which are not allowable as expenses or not properly incurred in connection with business of the Conservatoire and payments which the Conservatoire is obliged to make as a result of any failure by you to make payment to a third party, for example, in relation to a corporate credit card. By signature of this contract you are consenting to all lawful deductions from your salary. 13. Sickness Absences In the event of your being unable to attend work due to sickness or injury, you are obliged to advise your Line Manager at the earliest possible opportunity, and normally no later than an hour after the time at which you were due to commence work. You are thereafter required to keep the Conservatoire informed of the progress of your illness on a regular basis. 7
You must complete a Self-Certification Form, on your return to work, for absences up to and including seven days. The form will then be signed by your Line Manager, who will pass it on to the Human Resources Department. The Self-Certification Form is available on the Conservatoire Intranet. After eight days absence, a Doctor s certificate must be obtained and forwarded to the Human Resources Department. In order to be entitled to payment of Occupational Sick Pay or Statutory Sick Pay you are required to adhere to the Conservatoire s (current) policy in respect of written notification and submission of Medical Certificates. You are required, if requested to do so, to submit yourself for medical examination by a medical practitioner of the Conservatoire s choice. You will normally be entitled to the Occupational Sick pay in accordance with the Conservatoire s sick pay policy on the following basis: Length of Service at Full Salary for: Half Salary for: Commencement of Illness Under three months Nil Nil Between three months and one year 5 weeks 5 weeks 1 year, but less than 2 years 9 weeks 9 weeks 2 years, but less than 3 years 18 weeks 18 weeks 3 years, but less than 5 years 22 weeks 22 weeks 5 years or more 26 weeks 26 weeks 14. Maternity Leave For staff who have sufficient service and fulfil the necessary conditions as defined by the Maternity Leave Policy, the Conservatoire offers supplementary benefits to those required by Statute. Details of this can be obtained from the Human Resources Department. 8
15. Maternity Support Leave You are allowed Paternity leave and payment as permitted under the Conservatoire Paternity Policy. Details of this can be obtained from the Human Resources Department. 16. Other Employment / Professional Activity Any employment with another employer or professional activity should not interfere or conflict with your contractual duties for the Conservatoire. If you foresee any difficulties, please consult your Line Manager. 17. Pension You are entitled to membership of the Scottish Teachers Superannuation Scheme (the Scheme ), which is administered by the Scottish Public Pensions Agency (SPPA). There is a contracting out certificate in force. 18. Grievance The Conservatoire s Grievance Procedure is attached hereto. If you have a grievance you should normally raise the issue with your line manager or the Human Resources Department in the first instance. This procedure is also available on the Conservatoire Intranet. The Grievance Procedure is also available on the Conservatoire Intranet. 19. Discipline and Dismissal Procedure The Conservatoire's Disciplinary and Dismissal Procedure is attached hereto. The disciplinary rules applicable to your employment are set out in that procedure. This is also available on the Conservatoire Intranet. 20. Termination of Employment The Conservatoire reserves the right to terminate summarily your appointment in the event of gross misconduct or serious neglect of duties, serious breach of trust, confidence or good faith or any equivalent wrong doing in accordance with the Disciplinary and Dismissal procedure. Similarly the Conservatoire reserves the right, if appropriate, to make payment in lieu of notice. 9
In the event of this employment being terminated due to redundancy, the Conservatoire will fulfil all its obligations under the relevant statutory provisions. 21. Notice If you wish to give notice to the Conservatoire, the notice you are required to give is as follows: For those staff on Grades 1-6 the notice period will be one month. For those staff on Grades 7-10 the notice period will be three months. The Conservatoire will require to give you one week s notice per complete year of service up to a maximum of 12 weeks notice, as per employment legislation. If your contract is fixed term your employment under this contract will terminate automatically on the date specified. The Human Resources Department will contact you no later than one month prior to the termination date, to confirm the termination of the contract and to arrange an exit interview. 22. Academic Quality and Enhancement The Conservatoire believes that standards of academic quality can only be maintained and improved by the introduction and development of appropriate quality management and assurance arrangements that are embraced by the Conservatoire and its staff. The Conservatoire will involve you in such developments. You will be expected to participate fully in the implementation of those systems that are endorsed by the relevant institutional academic body. 23. Equality The Conservatoire is committed to a policy of Equal Opportunities. You are expected to familiarise yourself with the published policy and adopt the Conservatoire's values both in principle and in practice. The Equal Opportunities Policy is available on the Conservatoire Intranet. 10
24. Confidential Information You shall not, except as authorised by the Conservatoire or required by your duties hereunder, use for your own benefit or gain or divulge to any persons, firm, company, or other organisations whatsoever any confidential information belonging to the Conservatoire or relating to its affairs or dealings which may come to your knowledge during your employment. This restriction shall cease to apply to any information or knowledge which may subsequently come into the public domain other than by way of unauthorised disclosure. All confidential records, documents and other papers (together with any copies or extracts thereof) made or acquired by you in the course of your employment shall be the property of the Conservatoire and must be returned to the Human Resources Department on the termination of your employment. Confidential information must be determined in relation to individual staff members according to their status, responsibilities and the nature of their duties. However it shall include all information which has been specifically designated as confidential by the Conservatoire and any information which relates to the commercial and financial activities of the Conservatoire, the unauthorised disclosure of which would embarrass, harm or prejudice the Conservatoire. It does not extend to the information already in the public domain, unless such information arrived by unauthorised means. 25. Academic Freedom Notwithstanding the above, the Conservatoire affirms that you have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing yourself in jeopardy of losing your job and privileges you have at the Conservatoire. Within the Conservatoire and your School, you should be bound by proper regard for your colleagues, for the Conservatoire s interests, and by the usual rules of professional academic engagement. 26. Copyright and Intellectual Property The Conservatoire shall own all works created during the course of employment as set out in s.11 (2) of the Copyright, Designs and Patents Act 1988, which deems the employer as the first owner of copyright materials created in the course of employment. This shall include, but is not limited too, all course and module materials, handbooks, sound recordings, online and print materials. Further to that, this will include all work already undertaken 11
and all future works which contribute directly to Conservatoire course materials and course delivery. 27. Collective Agreements. There are no collective agreements in respect of this employment. 28. Membership of a Trade Union You have the right to join a trade union of your choice. The EIS (Educational Institute of Scotland) is recognised by the Conservatoire as the consultative body with which it will consult on matters relating to academic staff on terms and conditions of service and professional activities. 29. Conservatoire Rules, Regulations and Policies You must comply with all Conservatoire rules, regulations and policies as amended from time to time. Details of all policies and procedures such as Disciplinary and Grievance procedures (including rights of appeal against a disciplinary decision) are contained on the Conservatoire Intranet, which may be modified, amended or re-enacted by the Conservatoire, following consultation from time to time. You are required to comply with the Conservatoire s Child Protection Policy, details of which are available on the Conservatoire s Intranet. 30. Health and Safety The Conservatoire recognises and accepts its responsibilities as an employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all its staff members. A copy of the Health and Safety Policy can be found on the Staff Intranet. You are responsible for familiarising yourself with the policy and adhering to the health and safety rules in the workplace. 31. Working Time Regulations You agree to comply with any and all of the policies of the Conservatoire, from time to time in force, which relate to the maintenance of records of hours of work. 12
The Conservatoire recognises your right to appropriate work / life balance. 32. Changes to Personal Data The Conservatoire is required under the Data Protection Act 1998 to keep staff member records relevant and up to date. You must inform your Line Manager and the Human Resources Department in writing of any changes of name, address, status, bank details, any criminal charge or conviction, any change of immigration status, any change in any other detail relevant to your employment as soon as possible. 33. Consent to Process Personal Data Clause All personal data will be processed by the Conservatoire in accordance with the provisions of the Data Protection Act 1998. The Conservatoire will ensure that all personal data processed is adequate, relevant to your employment and not excessive. Such data will be processed fairly and lawfully and will be processed in relation to matters concerning or arising out of your employment with the Conservatoire. Generally the Conservatoire shall process your personal data for the purposes of administering your employment relationship with the Conservatoire, for administering (or assisting in the administration of) your pension and/or any other staff member benefit, for administering the sick pay scheme, for monitoring and assessing your performance and compliance with the Conservatoire s policies and procedures. Your personal data may also be used in the course of testing our IT systems. If the Conservatoire is the subject of a takeover or re-organisation involving a third party then some personal data relating to you may be made available to that third party in the course of that process. By signing these terms and conditions of service you hereby consent to the use of your personal data for such purposes. 34. Consent to Process Sensitive Personal Data Clause All sensitive personal data such as that defined by the Data Protection Act 1998, such as your racial or ethnic origins, commission or alleged commission of offences by you and involvement in any court proceedings regarding offences will be processed by the Conservatoire in accordance with the provisions of the Data Protection Act 1998. The Conservatoire may be required to process such sensitive personal data for certain purposes such as monitoring, anonomised returns etc. Where this is necessary the Conservatoire shall obtain your explicit consent to process such sensitive personal data except in situations where the Data Protection 13
Act 1998 provides that your consent is not necessary. Examples of such exceptions include situations where the processing is necessary: - i. in order to comply with the Conservatoire s legal obligations relating to employment or equal opportunities legislation ii. for the protection of the vital interests of you or another staff member where consent cannot be given and the information has been made public by you iii. for legal proceedings, obtaining legal advice or the administration of justice In all other situations the Conservatoire shall request that you complete a consent to process sensitive personal data form. 35. Your Obligations During Your Employment You will be bound by the Acceptable Use of Communication and Information Technology policy and the Conservatoire s other Codes of Conduct, Policies and Procedures, as amended from time to time, which are appropriate to your employment. Breach of any applicable code, policy or procedure may constitute misconduct or serious misconduct and, if so, will result in disciplinary proceedings being taken. You have an obligation to care for Conservatoire assets during your employment, such as desktop PCs, laptops and mobile telephones. You must ensure that these are returned in reasonable order at the end of your employment. 36. Legal Entitlement to Work in the UK In accordance with the Asylum and Immigration Act 1996, the Conservatoire is required to confirm that all new staff are legally entitled to work in the UK. The Human Resources Department is required to see any visa or Work Permit in relation to your employment within the Conservatoire. Also, you are required to provide the Conservatoire with a copy of a recent payslip or P45 with your National Insurance number. If you are unable to provide this, please contact the Human Resources Department so that they can provide you with information on alternative documents, which may be submitted for this purpose. 14
37. Police Act Checks and PVG Scheme Registration It may be necessary for you to undertake a Police Act check prior to commencing employment, dependent on your role. You will be advised by the HR department if this is a requirement. In some cases, you may be required to register with the PVG Scheme if you are expected to undertake regulated work in accordance with the Protection of Vulnerable Groups Act 2007. You are required to inform the Conservatoire of any Convictions, Reprimands, Warnings or Cautions that you receive while employed by the Conservatoire. Failure to inform the Conservatoire may result in disciplinary action and/or termination of your employment 38. References Satisfactory to the Conservatoire References may be sought by the Conservatoire. These references must be considered satisfactory by the Conservatoire. An unsatisfactory result may result in the termination of your employment. 39. Medical Clearance A suitable declaration of your medical fitness is required. You must complete a medical questionnaire. In the event of there being a question of medical fitness, the Conservatoire may request a medical report from your doctor or that you be examined and reported on by a medical practitioner, appointed by the Conservatoire, to determine whether you are fit and able to perform your duties. Failure to complete a medical questionnaire or to inform the Conservatoire of any illness or medical condition, which may affect your ability to perform their duties, may result in disciplinary action and/or termination of employment. 40. Verification of Qualifications You are required to provide the Conservatoire with copies of relevant qualifications. The Human Resources Department is required to see original documentation prior to accepting copies of qualifications. 15
41. Birth and Marriage / Divorce Certificates Copies of Birth, Marriage/Divorce certificates must be supplied for pension purposes, where appropriate. 42. Variation Changes to any terms and conditions contained in this contract following consultation with EIS will be notified to you in writing giving appropriate notice. Enquiries regarding any such change should be made to the Human Resources Department within 28 days of any such notification. You should be aware that falsification of any data or references unsatisfactory to the Conservatoire or failure to satisfy any of the above conditions will result in the withdrawal of this contract of employment or immediate dismissal from the Conservatoire s employment. 43. Confirmation of Acceptance...... Date... J M RUSSELL (Mrs) Director of Human Resources For and on behalf of the Royal Conservatoire of Scotland I accept the position in accordance with the above Terms and Conditions of Employment. Signed... Date... 16