Human Resources

Frequently asked questions

Why is the University changing the employment procedures?

The University currently operates different employment procedures for different groups of employees. Support employees are covered by the University’s own internal procedures whereas Academic, Research and Teaching staff are covered by what is known as the Model Statute. The new procedures have been developed to cover all employees within the University.

What is the Model Statute?

The Model Statute was drawn up under the Education Reform Act 1988 and lays down procedures for dealing with staff discipline, grievances and dismissal involving capability, ill-health, retirement and redundancy. All pre-1992 universities were required to incorporate it into their Statutes and at York it was incorporated into the University’s Statutes as Statute 24.

Who is covered by the existing Statute?

The existing Statute applies to Academic, Research and Teaching staff and former ALCOR staff recruited prior to implementation of the Framework Agreement in August 2006. Staff in grades 1 – 5 and Support staff recruited after 1 August 2006 are not covered by the Statute.

What are the benefits of this change?

There are a number of reasons why this change is considered desirable:

• Our current procedures have become outdated and have not kept pace with changes in employment legislation. In particular, the arrangements under the model statute have not been changed since they were introduced in 1988.
• The procedures under the model stature are complex and legalistic making them difficult to understand and apply and leading to lengthy, drawn out procedures which are not consistent with best practice or helpful to any of the parties involved.
• The current Statute does not cover all groups of staff. This differential treatment is not considered consistent with the ethos of the Framework Agreement and can lead to confusion.

Why is the University making this change now?

The problems with the existing arrangements have long been recognised but in order to make any changes to the Statute, Privy Council approval is required and this can be a lengthy process. The change has been prompted by a desire to harmonise arrangements for all employees in line with the Framework Agreement.

What do the revised procedures cover?

Revised procedures have been developed to deal with:

• Discipline
• Grievances
• Capability
• Dismissal on grounds of ill-health
• Redundancy
• Dismissal for some other substantial reason*

*This would cover situations where an individual cannot continue to work for the University without breaking the law or situations where an employee’s employment is terminated for a reason not covered by one of the above procedures e.g. expiry of a contract to cover maternity leave.

Have the unions been involved?

The University has worked with Trade Union representatives to develop revised procedures and associated guidelines. The procedures have been agreed by the unions and have the status of collective agreements.

How do these changes affect me?

Under the terms of your employment contract, collective agreements are incorporated into your terms and conditions of employment. This means that you will be covered by the revised procedures under the terms of your existing contract.

What is a collective agreement?

A collective agreement is an agreement reached with trade union representatives on behalf of the staff they represent. It is a joint agreement between the parties and can be referred to in the event of any legal proceedings before an employment tribunal.

Do I have the right to legal representation?

Access to a legal representative is not considered appropriate for an internal procedure. In the event of formal action being taken against you under any of the procedures you will have the right to be accompanied by a work colleague or trade union representative.

When will the change become effective?

The revised procedures will be implemented from 1 May 2011. Any cases that are being dealt with under the formal stage of an existing procedure will continue to be addressed under those arrangements until the case is concluded.

What if I am not happy with the changes?

The University has undertaken a lengthy process of negotiation with Trade Union Representatives to develop the revised procedures which we believe are consistent with employment legislation and are better able to meet the needs of all parties by providing for early resolution, consistency of approach and fairness.