The post-92 national agreement

Phase One

It is agreed that:

1.

All scale points on the Lecturer, Senior Lecturer and Principal Lecturer Scales shall be increased by 9.6% with effect from 1st September 1990. All scale points for Researchers shall be increased by 9.6% with effect from 1st September 1990. The minimum salary for Heads of Department shall be increased by 9.6% with effect from 1st September 1990 to £26,304. (Annex 1).

2.

The part-time hourly rates shall be increased by 9.6% with effect from 1st September 1990. The new rates of pay shall be:

Categories I, II/III

£19.94 per hour

Category IV

£17.00 per hour

Category V

£12.47 per hour

3.

The categories of work shall be defined for all purposes with effect from 1st September 1990 as follows:

Categories I, II/III

All courses of higher education defined in accordance with the provision of Schedule 6 of the Education Reform Act (1988).

Category IV

Study or courses above the level of the General Certificate of Secondary Education or comparable level leading directly to the Ordinary National Certificate, or courses or parts of courses of a comparable standard.

Category V

Courses other than those described above.

4.

The next annual review shall take effect from 1st September 1991.

5.

Lecturers shall be subject to a contractual requirement for exclusivity of service. Clauses 13, 14, 15 and 16 of the Agreed Contract of Employment shall be automatically incorporated into contracts of all lecturers with effect from 1st February 1991.

6.

The clause in the ACAS Report on "Post Termination Restrictions" (Recommendation 6) shall only be included in a lecturer's contract when it can be justified as being necessary and reasonable, such as in the case of the lecturers dealing with the "protectable interest" of the employer (i.e. trade secrets or customer connections).

7.

The clause requiring a probationary period of 12 months shall only be included if either of two conditions are met.

Condition 1

The lecturer is a new entrant to teaching in higher, or further education.

Condition 2

The lecturer has significantly different job responsibilities.

8.

All lecturers shall be subject to a contractual requirement for staff appraisal and development as detailed in Recommendation 3 of the ACAS Report and as included in clause 12 of the Agreed Contract of Employment and set out in the Staff Handbook.

9.

Staff appraisal and development shall be introduced and implemented for staff at the level of Head of Department (or equivalent) and above by 31st August 1991. Staff appraisal and development will be implemented for all lecturers by no later than 31 August 1992.

10.

Any individual with responsibility for carrying out appraisals shall receive adequate training. The Standing Committee shall be responsible for monitoring the introduction and operation of the staff appraisal system.

11.

All new appointments and lecturers gaining promoted posts on or after 1st February 1991 shall be appointed on the Agreed Contract of Employment.

Phase Two

It is agreed that:

1.

All lecturing staff on the Lecturer, Senior Lecturer and Principal Lecturer Scales shall transfer to the Agreed Contract of Employment, as soon as practicable, but by no later than 31 August 1992.

2.

When a lecturer transfers to the Agreed Contract of Employment they shall receive a single lump sum payment of £500 if the transfer is on or before 31st August 1991, and will immediately be moved one incremental point on their current scale. If the transfer is on or after 1st September 1991 they shall receive a single lump sum payment of £500 increased by a percentage identical to the percentage change in the annual increase in the Retail Price Index for August 1991 and will immediately be moved one incremental point on their current scale.

3.

A lecturer employed between 1st April 1989 and the date of ratification of this agreement, on a contract with terms and conditions comparable to those of the Agreed Contract of Employment shall be entitled to receive an additional increment on their current scale. The additional increment shall be paid when the lecturer transfers to the Agreed Contract of Employment.

4.

Lecturers who are employed on incremental points 4 of the Senior Lecturer or 3 of the Principal Lecturer and are not entitled by virtue of the provisions relating to salary bars to receive an additional increment shall receive an additional increment and shall progress to incremental point 5 of the Senior Lecturer or 4 of the Principal Lecturer respectively. Those lecturers on the Agreed Contract of Employment who do not satisfy the bar progression criteria shall be entitled to proceed to points 5 and 4 respectively of the Senior Lecturer and Principal Lecturer scales. They shall not be entitled to progress any further up the incremental scale unless and until they have satisfied the provision relating to salary bars. These arrangements shall apply mutatis mutandis to staff transferring from the Lecturer to Senior Lecturer scale.

5.

The pace of implementation of all aspects of Phase Two of the agreement shall be determined by the institution after consultation with the recognised unions locally.

6.

An additional incremental point shall be added to the maximum of the Lecturer, Senior Lecturer and Principal Lecturer scales (Annex 1). Only those staff employed on the Agreed Contract of Employment shall be eligible to receive payment on the maximum incremental points.

OTHER MATTERS OF AGREEMENT

1.

Staff Handbook

It is agreed that institutions shall have a Staff Handbook which shall contain:

1.

Agreed national text on-

1.1

Guidelines for the determination of duties of lecturing staff.

1.2

Entitlements and procedures for sick leave and sick pay.

1.3

Entitlements and procedures for maternity leave.

1.4

The currently operative salary scales and the methodology of implementation.

2.

Reference to matters which are to be determined locally (inter alia):

2.1

The appraisal scheme (the ACAS framework at Appendix 1 is recommended as a model).

2.2

Grievance Procedures.

2.3

Disciplinary Procedures.

2.4

Equal Opportunities.

The institution's policy on Equal Opportunities should be included in the Staff Handbook. Where a separate institutional statement does not already exist the following may be appropriate:

"(The Institution) is committed to providing equal opportunities for lecturers in their recruitment, selection, promotion and training; to the pursuance of non discriminatory policies in cases of selection for redundancy and to the avoidance of discrimination in agreements on pay or conditions of service. In this context discrimination means discrimination on grounds of colour, race, nationality, or ethnic or national origins, creed, sex or marital status".

2.5

Leave of Absence.

2.6

Travel expenses.

2.7

Indemnification and insurance.

2.8

Facilities for training and education.

2.9

Any matter flowing from Recommendation 1 of the ACAS Report.

3.

Procedures adopted locally for:

3.1

Redundancy.

3.2

Premature Retirement Compensation.

2.

Consistency of Treatment

The parties should consider consistency of treatment as a desirable goal, both in relation to terms and conditions of employment in the HE sector and to forms of recognition and involvement of the recognised unions in each employing institution.

3.

Standing Committee

There shall be a Standing Committee constituted in accordance with Recommendation 13 of the ACAS Report:

'The terms of reference of the Standing Committee should be as follows:

i)

To draft agreed model contractual clauses on the following matters (in the light of head I above and Appendix IV):

- sickness
- discipline and grievance procedures
- maternity
- notice
- suspension

ii)

To consider further the matters raised in the lecturers' paper "Proportions and Types of Post", and in particular to consider a) the possibility of a model part-time contract, b) whether any joint national advice can be agreed on the use of various categories of employee, c) whether any machinery can be established at local level to review and/or monitor such use, and staffing levels generally.

iii)

To consider whether either the existing recognition agreement (dated 17 April 1989) can be amended or joint national guidance can be agreed, so as to standardise arrangements for recognition and/or involvement of the unions at the local level.

iv)

To monitor the introduction and operation of the staff development and appraisal system, contained in Appendix I (this scheme being considered by both parties to the Working Party to be central to the successful introduction of professional contracts).

v)

To monitor the introduction and operation of the new professional contracts generally, to deal with any perceived general problems of interpretation or implementation and to provide a specialised mechanism for the resolution of disputes over these matters that cannot be resolved at the local level.

The Committee should not have an independent person in the chair, and should determine its own procedure, with details for its running being organised at officer level. However, in the event of outside assistance being thought desirable at any point, it would be open to the parties by mutual agreement to request ACAS to provide a mutually acceptable person to act as chairman of the Committee for defined purposes.

At its first meeting, the Committee should agree a procedure for dealing with head (i) of para (2) above as a matter of urgency, so that an entire model professional contract can be in existence by the autumn. Procedure for the remaining terms of reference can be determined subsequently; in the event of any dispute about procedure, the parties may decide to seek conciliation services of ACAS.

The Committee should treat each of the terms of reference as separate and distinct, so that any problems under one head would not prevent the continued consideration of matters under any other head(s)'.

4.

Redundancy

If, in accordance with the existing contract of employment as a result of the transfer to the Institution on 1 April 1989, an individual is entitled to one year's notice in the eventuality of redundancy under the Terms of Appendix II of the "Conditions of Service for Lecturers in Further Education" then that entitlement shall remain in force notwithstanding the fact that the individual has transferred to the agreed Contract of Employment under the provision of Phase Two of this Agreement.

APPENDIX 1
STAFF DEVELOPMENT AND APPRAISAL IN THE PCFC SECTOR

1.

Introduction
This document has been agreed in a Sub Group of the Joint Working Party of the PCNNC Lecturers' Common Interest Group, under the auspices of ACAS, between representatives of the PCEF and NATFHE and APT. It provides a framework for a scheme of staff development and appraisal for academic staff in institutions in the PCFC sector. Institutions are recommended to develop a staff development and appraisal scheme following the principle set out in this agreed framework; any significant departure from these principles should only be made after consultation by the institution with the staff and the recognised lecturers' associations.

2.

The Context and Purpose of Appraisal
Staff Appraisal in the PCFC sector should enhance the quality of educational provision within the context of an institution's mission statement and strategic plan and the development plans of the faculties and departments. The appraisal of individual lecturers is intended to support the professional development of academic staff in order to sustain and enhance the quality of teaching and learning processes for students. Departmental and course team review should also contribute to the identification of professional development needs and objectives. The process of staff appraisal will help to reconcile the professional aspirations and development needs of individuals with the requirements of the institution.

3.

Objectives
The objectives of a staff appraisal scheme include:

a)

helping individual members of staff to develop their career within the institution.

b)

improving staff performance.

c)

identifying changes in the organisation or operation of the institution which would enable individuals to improve their performance.

d)

identifying potential for development.

e)

improving the efficiency with which the institution is managed.

4.

Procedure
To be effective staff appraisal should:

a)

apply, with suitable modifications, to all academic staff within the institution.

b)

operate on an annual or biennial cycle.

c)

encourage staff to reflect on their own performance as individuals in the context of the academic groups with which they are associated, and consider measures to secure improvements as necessary.

d)

be regarded as a joint professional task, shared between appraiser and appraisee.

e)

support the development of equal opportunities policies.

5.

The Appraisal Process
The appraisal process should include the following components:

a)

self appraisal as a first step, using a common format, to provide information and material which clarifies, inter alia, the individual's current professional role. This information will help to focus the appraisal interview.

b)

preparation by the appraiser who will need to reflect on the information provided by the appraisee and any additional relevant information particularly in those areas of work for which the appraiser has no direct responsibility.

c)

an appraisal interview at which the lecturer will have an opportunity to identify positive achievements and for these to be mutually considered in the context of the individual's professional responsibilities and development. The interview should focus on the present and future performance in the job not on personal characteristics.

d)

a recorded summary of the discussion prepared by the appraiser, in a common format and jointly agreed with the opportunity to record dissent should agreement not prove possible.

e)

an agreed set of outcomes in written form, including realistic objectives for the next appraisal cycle.

f)

agreed procedures to enable the outcomes to be processed for any necessary action.

6.

Appraisal and Other Institutional Procedures
The developmental approach to appraisal outlined here can be clearly distinguished from appraisal schemes which have an explicit link with remuneration. The scheme should be differentiated from disciplinary and other procedures for dealing with questions of competence and clearly separate from procedures covering probation or promotion.

7.

Implementation at local level
Negotiations to produce a local scheme of staff appraisal will need to encompass the items set out below as well as those identified in paragraphs 4 and 5 of this document.

i)

Who should conduct appraisals
The Director/Principal will have responsibility for ensuring that an effective appraisal scheme is implemented according to the principles outlined in this document.A degree of trust and mutual confidence is required between appraiser and appraisee. Appraisers will need to be experienced and responsible members of staff with a sufficient knowledge of the work of the appraisee, the Department and other relevant area(s) to facilitate the process of reflection and target setting in an appraisal interview.
The frequency of the appraisal cycle and the number of appraisals which an individual shall conduct in any one year will influence the number and choice of appraisers at institutional level.

ii)

Local Arrangements for Monitoring and Evaluation
There should be arrangements for monitoring the introduction and implementation of appraisal as well as evaluating the procedures periodically.

iii)

The Custody of Appraisal Records
The summary of the discussion and the outcomes should be placed on the confidential personal file of the individual. Other than the appraiser and appraisee access should only be available to designated and locally agreed individuals. Additional material used in the appraisal interview, other than that which is publicly available, shall remain confidential to the appraiser and appraisee. The period for which appraisal records should be retained will need to be determined.

iv)

Arrangements for Staff Development
Local negotiations will include arrangements for an effective system of staff development in order to underpin the staff appraisal scheme. The range of activities and opportunities encompassed within any scheme of staff development is varied and for local determination. However such activities should normally include the following:

a)

opportunities to develop individual teaching programmes and to explore new teaching and learning strategies.

b)

professional development, training and opportunities for secondment.

c)

opportunities and facilities to engage in research and other appropriate scholarly activities.

Within the framework of this agreement, taking into account institutional needs and the availability of resources, arrangements for periods of sabbatical leave may also be considered.

8.

Training for Appraisal
Training is essential to the success of appraisal. The objectives and procedures of any locally agreed scheme need to be fully understood and both appraisers and appraisees also need to acquire the skills to ensure appraisal is effective and mutually beneficial. Considerable resources in terms of staff time and energy will be required.