Assimilation of Part Time Teachers

Appeals process

Policy

Members of staff can appeal the outcome of the assimilation of their post to the Durham graded pay structure.

Process

Staff who wish to appeal should submit a Notification of the Intention to Appeal Form (RI 4b) before 30^th October 2009.

Appeal Form RI 6b should be completed and returned to Human Resources by 18^th December 2009. Form RI 6b should be accompanied by supporting documentary evidence.

It is the member of staff's responsibility (not their department) to ensure that the Notification of Intention to Appeal Form (RI 4b) and Appeal Form RI 6b are submitted on time.

Appeals will be determined by panels that are independent of a member of staff's department.

Grounds for Appeal

For 2009, staff have three grounds to appeal as detailed below:

whether or not a fractional contract has been awarded;
what grade the role has been allocated;
the number of hours worked within the role up to 08/09, or the number of hours offered for 09/10.

These issues will be determined in consultation with staff during Summer 2009, and the Head of Department will communicate the determination of these points to the member of staff before the end of September 2009 via a personal statement. If, at this stage, individuals are dissatisfied with the outcome, members of staff should follow this procedure.

In addition, no later than 2010 the University will determine the start date of the service of staff members with Durham University for continuity of service purposes. If this cannot be agreed, the relevant appeal procedure will be communicated at the time.

Whether offered a fractional contract

A member of staff who has not been offered a fractional contract, can appeal on this basis and a concurrent appeal on the basis of hours worked is likely.

Staff who wish to work in a self-employed capacity, but who are offered a fractional contract through the test, will not be able to activate an appeal on this basis. However, they could discuss with their Head of Department how their existing relationship can be amended to reflect the self employed status they wish to attain.

Fractional contracts will be offered through carefully considering a member of staff's length of service and any breaks in service, subject to a 0.2 FTE fraction threshold. The information to make this assessment will be obtained from HR, Payroll and the relevant Head of Department or their representative, following consultation with the member of staff (in person or by email). However, the staff member concerned will be asked to provide relevant details, with supporting evidence where appropriate.

Grade Allocation

Staff can appeal the grade allocated to their role following implementation of the pay framework, by making a submission to the Grading Review Panel.

The submission should include a completed HERA Job Evaluation Preparation Document available online at http://www.dur.ac.uk/hr/payandreward/job-evaluation/heradocs/

All grading review submissions will be subject to a technical review by the HR Reward Team and the information will be passed to the Grading Review Panel for a final decision.

All grading review submissions will be subject to the same process, as outlined in document RI 5b.

All Grading Review Panel decisions will be made in accordance with the University's Equal Pay Policy.

Hours Worked

If a fractional contract is offered, the number of hours included in the new contract will relate to the number of hours required as at October 2009.

If a fractional contract is not offered, this may be because the number of hours required for 2009/10 has been determined to be below the threshold for a 0.2 FTE contract (a minimum of 280 hours total per annum). In this situation, the member of staff can use this appeal procedure if they believe the role in 2009/10 will require more hours than are stated in their personal statement.

Appeals procedure

Members of staff must notify Human Resources of their intention to appeal between 1^st and 30^th October 2009, by completing the form entitled Notification of the Intention to Appeal, following assimilation of part-time teachers (RI 4b). This form is also available by contacting Human Resources.

The panel will be chaired by the Assistant HR Director and consist of two further panel members, (one of which will be a trade union representative (Unite, DUCU, GMB or Unison). In addition there will always be a member of the Reward Team present, where the grade of the post is being appealed. The Reward Team member will analyse the role and circulate recommendations to the panel, but will have no voting rights. All members of the panel will be fully trained in the use of the HERA methodology and will understand the Durham University Graded Pay Structure.

All appeals must be submitted to the Reward Team in Human Resources using form RI 6b which must be completed and returned to Human Resources by 18^th December 2009. A HERA Job Evaluation Preparation Document and an organisational chart should be included. The Reward Team will discuss and verify the submission with the Head of Department. The Head of Department will ensure that the member of staff is aware of job evidence which they do not support.

Once verification of the grading review submission has been completed by the Head of Department, the Reward Team will undertake a technical review utilising the HERA evaluation methodology.

The role will be evaluated and scored and the resultant information, along with the staff member's submission and management comments, will be forwarded to a Grading Review Panel.

It will be the responsibility of the Grading Review Panel to decide upon the outcome of all appeals, having considered the staff member's application, comments from the Head of Department and the outcomes of the technical review from the Reward Team.

Outcome of Appeal

The decision of the Panel will be communicated by Human Resources within 5 working days of the panel meeting, to the appellant via the Head of Department and HR Manager. A copy will be sent to Payroll if a salary change is required. Any payment will be backdated to 1^st October 2009.

If an appeal about whether to offer a fractional contract is successful, a revised contract of employment will be drawn up and offered to the member of staff.

Once a decision about the appeal has been reached, a member of staff will not able to resubmit on the same basis.