UNIVERSITY OF CAMBRIDGE

REGULATIONS

GOVERNING

EMPLOYMENT BY THE UNIVERSITY

AND

RULES

as at 1 April 2014

Issued by: HR Division The Old Schools

UNIVERSITY OF CAMBRIDGE

EMPLOYMENT OF UNIVERSITY ASSISTANTS

CONTENTS

Regulations for employment by the University Page 1, 2

University and Assistants’ Joint Board Page 2, 3

RULES

Section

A General

A1 – A2 Appointment Page 4

A3 – A4 Duties Page 4

A5 Pension Scheme Page 4

A6 – A8 Termination of employment Page 4, 5

A9 Established status Page 5

A10 Retirement Page 5

B Hours of work and holidays of University assistants

B1 – B9 Determination of hours of work and holidays Page 6, 7

B10 – B21 Overtime work and its compensation Page 7, 8, 9

B22 – B30 Annual leave Page 9,10,11

B31 – B35 Special leave Page 11

B36 – B37 Records Page 12

C Payment in lieu of salary or wages during absence through sickness

C1 Conditions on which payment may be made Page 13

C2 Records Page 13

C3 – C5 Periods for which payment may be made Page 14

C6 – C7 Amount of payment Page 14, 15

C8 Sickness during absence on leave Page 15

C9 Prolonged or frequent absence Page 16

D Payment of family allowances Page 17, 18

E Payment for allowances for travelling or during absence Page 19 from Cambridge

F Method and times of payment of salaries and wages Page 20, 21

G Individual grievance procedure Page 22, 23

H Disciplinary procedures

H1 – H2 General Page 24

H3 – H7 Procedure for established assistants Page 24, 25

H8 – H11 Procedure for unestablished assistants Page 26, 27

H12 – H15 Procedure in the case of alleged Page 28 serious misconduct

H16 – H17 Right of appeal against dismissal Page 28, 29

H18 – H19 Right of appeal against disciplinary decisions Page 29

H20 Records Page 29

J Maternity and other Family-Related leave and pay

J1 – J2 Maternity Leave Page 30

J3 – J6 Maternity Pay Page 30, 31

J7 – J8 Notification Page 31

J9 – J17 Return to Work Page 31, 32

J18 – J20 Statutory entitlements on return to work Page 32

J21 Adoption Leave Page 33

J22 – J24 Notification Page 33

J25 – J27 Paternity Leave Page 33

J28 – J34 Additional Paternity Leave Page 33, 34

J35 General Page 35

K Dignity at Work

K1 Policy and Procedure Page 36

K2 Definition following a complaint of bullying Page 36

K3 – K6 Steps Page 36

L Probationary arrangements

L1 General Page 37

L2 Length of probationary period Page 37

L3 – L5 Progress reviews Page 37

L6 – L7 End of the probationary period Page 37

L8 Casual and temporary appointments Page 37

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REGULATIONS FOR EMPLOYMENT BY THE UNIVERSITY (from Statutes and Ordinances, 2006, p.154) “1. In the regulations for employment by the University unless the context shall require

otherwise:

(a) the term competent authority shall mean

(i) the General Board, for persons or classes of persons employed in institutions under the supervision of the General Board,

(ii) the Council for all other persons or classes of persons:

(b) the term institution shall mean any Faculty, Department or Institution in which the

employment of persons or classes of persons to whom the following regulations apply has been authorised by the competent authority.

2. Every person employed by the University, unless he or she is a University officer, or belongs to one of the classes of persons specified in the Schedule1 to these general regulations shall have the status of University assistant. The Council, after consultation with the University and Assistants Joint Board, shall have power to amend the Schedule of classes of persons excluded from the status of University assistant. 3. The Council, after consultation with the University and Assistants Joint Board, shall from time to time publish Rules2 governing the terms and conditions of employment of University assistants.

4. The terms and conditions of employment of University assistants published under Regulation 3 shall be administered by the Council in consultation with the General Board. The terms and conditions of employment of a person excluded from the status of University assistant3 shall be determined by the authority under whose supervision the institution in which he or she is employed is placed. 5. The competent authority shall, after consultation with the Head of the institution concerned, prescribe for each institution in which University assistants are employed a maximum number of assistants who may be employed in each of the several categories specified in the Schedule published in accordance with Regulation 3(b); and they shall be empowered to specify conditions relating to the continuance, amendment or administration of any such establishment so prescribed.

1 This Schedule, which in Ordinances, 2006, p.155, is appended to these general regulations is not reproduced here.

2 Rules governing the terms and conditions of employment of University assistants published under Regulation 3 are not

published in the Reporter but the Council will publish a notice in the Reporter on each occasion when the Rules have been substantially changed. Copies of the Rules and amendments will be distributed to all concerned by the Personnel Division, from where additional copies may be obtained on request. 3 See Regulation 2 and the Schedule appended to these general regulations.

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6. Any proposal relating to the appointment, within the limits of the establishment prescribed under Regulation 5, of a person as a University assistant, shall be made by the Head of the institution concerned. Every appointment, together with the terms and conditions proposed for that appointment by the Head of the institution concerned, shall be in accordance with the provisions of the Rules and Schedules published under Regulation 3 and shall require the approval of the competent authority. Every person to be appointed as a University assistant shall be informed in writing of the terms and conditions of appointment as so approved. No such appointment shall be valid until the appointment has been approved by the competent authority and until the terms and conditions of the appointment have been accepted in writing by the person to whom the appointment is offered. 7. The Council in consultation with the General Board shall have power to arrange or approve schemes or courses of training for University assistants and to determine, in consultation with Head of institutions, conditions governing the release of assistants from duty in order to undertake training. The competent authorities shall also have power to meet, in whole or in part, expenses incurred by assistants in connection with their training. 8. If an assistant is required to occupy an official residence, his or her occupancy shall be in accordance with the provisions of the regulation for official residences (Ordinances, 2006, p.648) and shall be subject to terms and conditions determined thereunder in consultation with the competent authority.” UNIVERSITY AND ASSISTANTS’ JOINT BOARD (from Statutes and Ordinances, 2006, p.124) “1. The University and Assistants Joint Board shall consist of members in the following classes.

(a) The Vice-Chancellor (or a duly appointed deputy) as Chairman;

(b) (i) eight members of the Senate, four of whom at least shall be either Heads of institutions or other persons concerned with the administration of assistant staff therein, appointed as follows:

(1) Four persons, of whom one at least shall be a member of the Council,

appointed by the Council;

(2) four persons appointed by the General Board;

(ii) the Registrary, the Director of Finance, the Academic Secretary and the Director of HR (or their deputies) who shall be members ex officio;

(c) such number of University assistants representing bargaining units as the Council

shall determine after discussion with those organisations to which the Council have granted negotiating rights. The Council shall from time to time announce in a Notice published in the Reporter:

(i) a definition of each bargaining unit;

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(ii) the number of members of the Board in class (c) representing each

organisation to which the negotiating rights have been granted for that bargaining unit.

Members of the Board in class (b) (i) shall be appointed in the Michaelmas Term to serve four years from 1 January following their appointment; provided that, if at any time among the members in sub-class (1) there has ceased for any reason to be at least one member who is also a member of the Council, the Council shall have power to replace, if necessary, one of the members in that sub-class so as to satisfy that requirement for the remainder of the tenure of the person so replaced. Members of the Board in class (c) shall serve for such length of time as decided by the organisation they represent.

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RULES

A. GENERAL Note: These rules shall apply only to those assistants as defined in Rule A10. They

do not apply to assistants whose appointment is for less than 13 weeks or who are employed on a casual basis.

A1. The appointment of a person who is to have the status of University assistant shall be made in accordance with Regulations 2 and 6 for employment by the University; the terms and conditions of employment shall at all times be in accordance with these Rules and with the provisions of the Schedule published in accordance with Regulation 3(b) for employment by the University. A2. The appointment of a person who is to have the status of University assistant may be subject to a satisfactory medical examination. A3. The duties of each assistant shall be determined, subject to the terms and conditions of employment, by the Head of the institution in which he/she works. These duties shall not be substantially changed without the assistant being informed and being afforded the opportunity to comment on the proposed change. Notice of any changes shall be given to him/her thereafter. A4. If an assistant temporarily undertakes duties additional to those of his/her normal employment, the HR Committee may, on the recommendation of the Head of the institution concerned, approve a payment additional to the assistant’s normal salary or wages for the period he/she is performing such duties. A5. Every University assistant aged between 18 and 65 other than temporary hourly paid staff shall be eligible to be a member of the University Contributory Pension Scheme for University assistants and shall pay contributions in accordance with the regulations of the Scheme unless exempted from doing so by the Pensions Managing Committee. A6. The employment of a University assistant shall be terminable on any lawful grounds, on behalf of the University, by the Head of the institution in which the assistant works after consultation with the HR Committee; or by the HR Committee after consultation with the Head of the institution concerned, provided that the procedures in Rules H1 to H15 are followed. A7. (a) Notice of resignation or termination of employment shall be given in writing.

(b) An assistant with less than one year’s continuous service shall be required to give to the Head of the institution in which he/she works one week’s notice of resignation.

(c) An assistant with more than one year’s continuous service shall be required to

give to the Head of the institution in which he/she works four week’s notice of resignation.

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(d) Except in the case of serious misconduct, an assistant shall, if employment is

being terminated on behalf of the University, be given periods of notice as follows:

(i) If the period of continuous employment has been less than one year, not less than one week,

(ii) If the period of continuous employment has been one year but less than five

years, not less than four weeks,

(iii) If the period of continuous employment has been five years but less than nine years, not less than eight weeks,

(iv) If the period of continuous employment has been nine years or more, not

less than twelve weeks.

(e) In cases where serious misconduct is alleged, the Head of the institution may inform the assistant that he/she is suspended from duty with pay and must not attend the place of work until further instructed. The Head of the institution shall report the matter to the HR Committee, who after consideration shall authorise the dismissal of the assistant or shall authorise the assistant’s reinstatement.

A8. An assistant shall have the right of appeal against the termination of his/her employment as described in Rules H16 and H17. A9. An assistant working for 16 hours or more per week shall be awarded established status on the completion of 12 months’ continuous service. A10. An assistant holding an appointment on the establishment of an institution shall vacate that appointment at the end of the academical year in which he/she reaches the age of sixty-five years1. Requests to continue working beyond normal retirement date will be considered on an annual basis.

1 Rules governing retirement at an earlier age or date are included in the Rules of the Contributory Pension Scheme.

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B. HOURS OF WORK AND HOLIDAYS OF UNIVERSITY ASSISTANTS

Determination of Hours of Work and Holidays B1. Each institution of the University shall have a scheme or schemes drawn up in conformity with these rules to govern the hours of work and holidays of all assistants employed in that institution. Each scheme shall be subject to the approval of the HR Committee and, when approved, shall be known as the Approved Scheme for that institution. Separate schemes may be approved for different classes of assistants in the same institution. Approved Schemes shall not be changed except with the agreement of the HR Committee. B2. Every person appointed as a University assistant shall be informed of the provisions of the Approved Scheme governing his/her hours of work and holidays. B3. Each Approved Scheme shall specify, in accordance with Rules B4 to B9 inclusive, the daily hours of attendance required, the number of days of paid leave to be granted in each year and the total number of hours to be worked in a year. B4. Subject to the conditions in (i), (ii) and (iii) below, the times of attendance at work specified in an Approved Scheme shall be those necessary for the proper discharge of the assistant’s duties.

(i) The total number of hours attendance to be required in a year shall be in accordance with Rules B7 and B8 except in the case of assistants for whom the HR Committee have approved terms and conditions of employment under which a consolidated rate of salary or wage shall be payable in recognition of an obligation to work longer hours than those specified in Rule B7.

(ii) Attendance between 10 p.m. and 6 a.m. or between 1 p.m. on Saturday and 6

a.m. on Monday or at any time on Christmas Day, Boxing Day and New Year’s Day, shall be specified in an Approved Scheme only if the normal functions of the institutions concerned regularly require the attendance of assistants at these times; any such attendance specified in an Approved Scheme shall be multiplied by a factor of at least 1½ for the purpose of calculating the total number of hours specified in the Scheme, or in accordance with the arrangement described in Rule B19.

(iii) Attendance on Saturday mornings shall be specified in an Approved Scheme

only as shall be necessary for the proper functioning of the institution. No Saturday morning attendance for which provision is made in an Approved Scheme and which falls within the annual requirement specified in Rule B7 shall qualify for any form of additional compensation.

B5. Each assistant’s times of attendance shall be notified to him/her on appointment. No permanent change shall be made without reasonable notice being given. B6. Hours worked in excess of those specified in an Approved Scheme shall be compensated in accordance with Rules B10 to B21.

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B7. An Approved Scheme shall provide that each assistant to whom it applies (other than any assistant appointed on a part-time basis) shall work either, if holding a post in the CS Divisions, for not less than 1666 nor more than 1676 hours in a year; or, if holding a post in the T Division, for not less than 1689 nor more than 1699 hours in a year; or, if holding a post in M Division, for not less than 1712 nor more than 1722 hours in a year1. The hours specified are subject to the provisions of Rules B31 – B33 for the award of additional leave. B8. Subject to the limits specified in rule B7, the number of hours to be worked in each week may be arranged as convenient to the institution concerned. The hours to be worked in a week need not be the same at all times of the year. No Approved Scheme shall allow less than 36 days2 (excluding Saturdays and Sundays) of paid leave. All public holidays on which an assistant is not required to attend are to be included in the provisions for paid leave. B9. Approved Schemes shall normally provide for a mid-day break of not less than one hour. Short breaks in the working day other than the mid-day break shall not be specified in Approved Schemes, nor deducted from the total hours of attendance provided (a) they do not exceed two hours a week, (b) that the assistants concerned do not normally during these breaks leave the premises where they work, and (c) that those who do not take these breaks may not for that reason claim a reduction in their hours of attendance. Overtime Work and its Compensation B10. (a) Overtime is that time worked by an assistant in excess of the hours specified in

the Approved Scheme applicable to him/her (see Rule B3).

(b) An assistant working part-time3 cannot be considered as working overtime unless the total hours he/she works in any one week are in excess of the hours in the standard working week for an assistant who is employed full-time in a similar post in that institution.

(c) For work to be counted as overtime it must be an extension of the assistant’s

normal duties and associated with the assistant’s normal institution. B11. (a) The practice of overtime working is deprecated but it is recognised that there can

be exceptional circumstances when assistants are required to work in excess of the hours specified in the appropriate Approved Scheme.

(b) Overtime shall be worked only when necessary in the interests of the University and with the prior consent of the Head of the institution, who shall satisfy him/herself that the work is sufficiently controlled and recorded.

1The typical working week is 36.5 hours for staff in the CS Division, 37 for staff in the T Division and 37.5 for staff in the M

Division although staff in some institutions work a longer week and thus earn additional days of leave. 2 Institutions may calculate annual leave in terms of a given number of working weeks (plus a given number of ‘odd’ days

when appropriate). 3 An assistant working part-time who is required to work at times outside the normal working hours for the institution may be

compensated at the appropriate premium rates.

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B12. In normal circumstances at least 24 hours’ notice of a requirement to work overtime shall be given to assistant staff, and staff shall normally comply with a request to meet such a requirement. B13. No period of less than half an hour on any one occasion shall be counted as overtime. B14. When an assistant is required to make an additional journey to work, the time so taken in travelling from home to the place of work and in returning, shall, subject to an upper limit of half an hour, be counted as overtime and be paid for at the appropriate rate as specified in Rule B18, provided that the total period of overtime worked on site does not exceed four hours. B15.(a) A meal break of half an hour shall be granted to an assistant required to work

continuous overtime for longer than four hours and the time taken for the meal break up to a maximum of half an hour shall be counted as overtime.

(b) No meals nor an allowance in lieu of meals shall be provided except as agreed for certain assistants whose posts have been graded in Division M.

B16.(a) An assistant who is required to work overtime shall have the choice between

compensation by payment and compensation by taking time off in lieu. Time off in lieu shall be calculated as in Rule B18.

(b) The Head of institution shall normally grant the assistant the choice but may

determine the method of compensation if the needs of the institution so demand. (c) The method of compensation shall be known to the assistant before the overtime

is worked.

B17. All assistant staff may be compensated for overtime by payment. B18. The following hourly rates will be used in calculating payments or time off in lieu for overtime.

(a) For overtime worked Monday – basic (i.e. plain time) Saturday; at any time hourly rate x 1½ (b) For overtime worked on basic hourly rate x 2 Sundays; at any time (i.e. ‘double time’) (c) All bank holidays Basic hourly rate x 2 (i.e. an additional hourly payment for each hour worked) OR time off in lieu equivalent to the number of hours worked.

In addition, the day’s or part day’s leave forfeited by working on a bank holiday will be taken on another occasion.

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B19. (a) Special arrangements shall be made for compensating shift work, on-call, call-in and stand-by duties and for additional hours necessary for the proper discharge of the duties of certain posts.

(b) Any arrangement provided for in section (a) of this rule must receive the prior

approval of the HR Committee and, if the duties are of a recurrent nature, shall normally be mentioned in the Approved Scheme applicable to the assistant or in his/her terms and conditions of employment.

B20. Payment at special rates may be made for work performed voluntarily which is outside the assistant’s terms and conditions of employment with the University. Such special rates shall be agreed between the Head of the institution concerned and HR Committee, and payments shall not be made without the prior approval of the HR Committee. B21. Claims for payment of overtime shall be submitted to the Payroll Section of the Finance Division at weekly intervals for weekly paid staff, and at monthly intervals for monthly paid staff. Such amounts must be within the sums provided in the approved estimates unless supplementary provision has been obtained. Annual Leave B22. The annual leave with pay granted to each full-time assistant shall be in accordance with the Approved Scheme for the institution in which he/she works. B23. The leave year shall be the academical year from 1 October to 30 September unless otherwise approved by the HR Committee B24. The leave entitlement of 36 days stated in Rule B8 consists of eight Public Holidays or days granted in lieu and twenty-eight days annual leave. B25. (a) The annual paid leave entitlement of part-time assistants who work a constant

week throughout the year shall be the minimum leave entitlement specified in Rule B8 converted into a given number of working weeks. While on leave the assistants will be paid at a rate based upon their normal weekly wage

(b) If an assistant does not work a constant week throughout the year the amount of

paid leave shall bear the same relationship to the minimum leave entitlement specified in Rule B8 as the number of hours actually worked bears to the minimum number of hours to be worked in a year as specified in Rule B7.

B26. Leave may not be carried forward from one leave year to the next except that, if an assistant has for good reason been unable to take all leave due by the end of a leave year, the Head of the institution where he/she works shall allow him/her to take the remainder during the following three months. B27. An assistant shall not be paid for leave which is not taken except in the circumstances described in Rule B29 (c). B28. The dates on which an assistant takes annual leave shall be determined by the Head of the institution in consultation with the assistant. In institutions which close for specified

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periods, the assistants in that institution shall normally take leave at these times which shall so far as possible be notified to the assistants concerned not later than 3 months before the start of the leave year. Institutions shall normally give, and assistants take, a period of unbroken leave of not less than two weeks’ duration in each year. B29. (a) An assistant appointed after the beginning of the leave year shall be entitled to

that proportion of annual leave with pay which is equivalent to the proportion of the leave year remaining from the date of appointment.

(b) An assistant who resigns during the course of the leave year shall be entitled to

be granted any balance of the annual leave which is due before his/her service ends. The amount of leave shall be the proportion of the total annual leave entitlement which is equivalent to the proportion of the leave year already worked. No deduction from salary shall be made for leave already taken in excess of the entitlement as calculated.

(c) If the Head of the institution finds it impracticable before the assistant’s service

ends to grant the leave which is due, the assistant may be paid an amount in lieu equal to his/her salary for the period concerned. The assistant shall not, however, have the right to claim this payment as an alternative to taking the leave due to him/her.

(d) Leave entitlement shall be calculated to the nearest day.

(e) An assistant transferring from one institution to another shall transfer any

unexpired leave entitlement to the new institution. B30. (a) Additional days of leave shall be granted to assistants in recognition of length of

service as follows:

one additional day after nine years’ service; not more than three additional days at the rate of one additional day for each completed period of three years’ unbroken service thereafter (giving a maximum of 40 days of annual leave after 18 years’ service);

except that

assistants who had already qualified for additional days by 31 March 1979 under the corresponding rule in force on that date shall be entitled to retain those additional days so that: one additional day earned by that date will give a maximum of 41 days of annual leave after 18 years’ service; two to six additional days earned by that date will give a maximum of 42 days annual leave after 18 years’ service.

(b) As an alternative to (a) above, if at any time it is to an assistant’s advantage, an assistant in post on 30 September 1973 may exercise his/her entitlement to

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additional days of leave according to his/her grade on that date under the corresponding rule1 then in force, so long as there is no subsequent break in service. An assistant shall not be entitled to additional leave on account of promotion effective after 30 September 1973.

(c) Additional days of leave determined in (a) and (b) above shall be granted in the

leave year in which the periods of minimum qualifying service are completed. Special Leave B31. All periods of absence other than those which are due to sickness or injury, or are otherwise authorised, shall count against annual leave with pay. If, however, the Head of an institution considers an absence arises from a cause over which the assistant has no control, he/she may grant special paid leave to cover such an absence to a maximum of five working days in any one leave year. The approval of the HR Committee must be obtained for any such leave in excess of five working days in any one leave year. B32. The Head of an institution may grant additional leave with pay up to a maximum of four weeks in any one academical year to allow assistants to attend approved courses of training or instruction. B33. The HR Committee may, on the recommendation of the Head of an institution, grant to an assistant additional leave with or without pay. B34. An assistant may, in appropriate circumstances, make an application for paternity leave. The Head of the institution shall normally grant paid leave for up to two weeks provided that satisfactory arrangements can be made to cover the assistant’s absence at no additional cost to the University. This leave will normally be taken within 56 days of the birth of the child and may not be carried forward or added to the assistant’s normal annual leave entitlement. B35. The HR Committee may grant unpaid leave to an assistant on the recommendation of the Head of the institution as follows:

(a) Where an assistant who has at least five years’ service with the University requires a period of leave in order to deal with family responsibilities, a period of unpaid leave of up to six months may be granted, providing that the Head of the institution is satisfied that the duties of the assistant’s post can be covered without additional cost to the University.

(b) Where an assistant who has at least ten years’ service with the University wishes

to undertake a course of study or professional or personal development which will be of benefit both to the assistant and to the institution, a period of unpaid leave of up to nine months may be granted, providing that the Head of the institution is satisfied that the duties of the assistant’s post can be covered without additional cost to the University. In making a recommendation for such a period of leave, the Head of institution shall take into account the performance of the assistant.

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Records B36. Heads of institutions shall keep a record showing the dates of absence on leave of members of their assistant staff, the amount of overtime worked and payments made. B37. The Head of an institution shall have the right to require members of the assistant staff to record, in a manner to be approved by the HR Committee, their times of arriving at and leaving work. 1 The leave entitlements under the previous rule are set out below (the grades in that rule have been replaced by the

corresponding grades as at 30 September 1973): Number of Minimum qualifying total additional length of service days (including absence on

National Service)

3 HT, CMT, CMR, C4, CS, SF, DS, D6, F8, F9, G7 None T, HMT, HMR, C3, SD, SE, D4, F6, F7, GS, G6 8 years

All other grades (see below for Special Appointments) 12 years 6 CT, C6, D7, Senior Chief None

HT, CMT, CMR, C4, C5, SF, D5, D6, F8, F9, G7 8 years All other grades (see below for Special Appointments) 20 years

9 CT, C6, C7, D7, Senior Chief 8 years All other grades (see below for Special Appointments) 30 years The eligibility of each assistant holding a Special Appointment shall be the same as that for the grade in which the maximum salary or wage is nearest to the maximum fixed for the post he/she holds

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C. PAYMENTS TO UNIVERSITY ASSISTANTS IN LIEU OF SALARY

OR WAGES DURING ABSENCE THROUGH SICKNESS

Section C outlines the arrangements for payments to university assistants in lieu of salary or wages during absence through sickness. The Sickness Absence Policy provides the framework for reporting and recording sickness absence and outlines the management of short and long-term sickness absence across the University. It also aims to ensure that employees have the support they need from their managers, as well as access to support services provided by the University. Section C of the ‘Regulations Governing Employment by the University and Rules’ for assistants should therefore be read in conjunction with the Sickness Absence Policy and its associated guidance.

Note: A day of sickness is a day on which an assistant is incapable, because of his or her own ill-health, of doing the work he/she is normally expected to do.

Qualifying Days

(a) The qualifying days for all assistants, except those who are absent on unpaid leave for a week or more, will be the five days Monday to Friday.

(b) For an assistant who is absent from work for a whole week or more on unpaid

leave, Wednesday will be the qualifying day in each whole week that, by agreement, he/she is absent from work. This applies whether the unpaid leave arises from the assistant’s terms of service or has been granted under Staff Rule B32.

C1. When an assistant is absent on account of sickness he/she will receive payment in lieu of salary, subject to the following conditions:

(a) the cause of absence and its expected duration is notified to the his/her manager (or a designated person within the institution) as soon as practicable:

(b) (i) on return to work the assistant submits to his/her manager (or a designated

person within the institution) a Sickness Self-Certificate (Form CHRIS/62);

(ii) if the period of sickness continues beyond seven days, a Sickness Self-Certificate is forwarded by post or other means to the Head of institution as soon as practicable after the seventh day;

(iii) a doctor’s statement, or statements, are submitted to his/her manager (or a

designated person within the institution) as soon as practicable to cover all further absence beyond the seventh day.

(c) if there is not entitlement to Statutory Sick Pay or entitlement has ceased, the

assistant claims any benefits due under the Social Security acts and informs the Head of institution of the amounts received; and as requested makes available to the Head of institution or HR Division Payroll Section any correspondence or notification he/she receives from the Department for Work and Pensions.

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C2. All institutions shall record the dates on which their assistants are absent through sickness for half a day or more using the Cambridge HR Information System (CHRIS). C3. (a) The maximum period for which payments in lieu of salary may be made shall be as follows: Period of unbroken service from Total number of weeks the date of appointment as a University assistant At a rate equal At a rate equal to to normal salary half normal salary Up to 1 year 8 weeks 8 weeks Over 1 year and up to 3 years 12 weeks 12 weeks over 3 years and up to 5 years 20 weeks 20 weeks 5 years and over 26 weeks 26 weeks

(b) The rate and the period for which payment shall be made to an assistant shall be calculated by deducting from the period of benefit appropriate to his/her service on the first day of absence the aggregate of the periods of absence due to sickness during the twelve months immediately preceding the first day of absence. The aggregate shall be calculated as laid down in Rule C4.

C4. The periods in Rule C3 shall include absences in respect of which by reason of their short duration, the assistant was not eligible for Statutory Sick Pay or Social Security benefit but shall exclude: (a) absences of less than half a day’s duration, provided the total of such absences

does not exceed five days in any one year; (b) absences caused by contact with an infectious disease from which the assistant

him/herself was not suffering; (c) at the discretion of the department, absence through injury sustained by the

assistant in the discharge of his/her duties;

(d) absence due to sickness but without pay in lieu of salary. C5. On application by the Head of an institution, the HR Committee shall have power to extend the period in which payments may be made beyond those authorised in Rule C3 above. The rate at which payments may be made during this extended period shall be at the discretion of the HR Committee. C6. (a) The amount of the payment to be made in lieu of salary shall be the assistant’s

normal salary1 including any additional payment under Rule A4, but excluding any overtime payments and subject to the proviso in (d) below.

1 If an assistant is employed on an approved scheme of work which includes a shift allowance, the normal wage will include

all the shift allowance unless the Personnel Committee decide otherwise.

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(b) Any Statutory Sick Pay to which the assistant is entitled is deemed to be included in the amount payable.

(c) If an assistant who is entitled to Statutory Sick Pay is being paid at a rate equal to

half normal salary, the amount payable will be either the amount based on half normal salary or the Statutory Sick Pay whichever is greater.

(d) If an assistant is not entitled to Statutory Sick Pay the payment referred to in (a)

above will be reduced by the amount of sickness, invalidity or other benefit which the assistant may receive as the result of a claim under the Social Security acts. An assistant shall be deemed to be entitled to the normal statutory benefits for self and his/her dependents unless he/she shows proof to the contrary. Failure to make a claim in the prescribed manner shall not be accepted as constituting loss of entitlement to benefit.

C7. If absence is caused by an accident in respect of which the assistant can properly claim from a third party damages for loss of earnings, any payment awarded to compensate for loss of earnings from the University shall be offset against payments made under these rules. C8. If an assistant is certified as ill when he/she would otherwise be absent on annual leave, during any periods other than those when the institution is closed, unless the assistant would have been required to work during the closure period, the Head of an institution shall normally treat the period concerned as sick leave and shall grant a substitute period of annual leave at a later date. Should this prove impracticable, or if the assistant so requests, the period of absence concerned shall stand as annual leave, to be paid at the assistant’s normal rate of pay and shall not count as part of his/her entitlement to payments during sickness as defined in these rules. Deduction shall not be made from salary for any benefit which the assistant may be entitled to claim under the Social Security acts – see Rule C6 (d) above.

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C9. (a) If the Head of Institution believes that an assistant’s state of health may be

detrimental to the safe and efficient operation of the department, the assistant may be referred for a medical report to the University Consultant Occupational Health Physician.

(b) If an assistant is frequently absent on account of sickness, the Head of institution

may as part of the Sickness Absence Policy require him/her to provide a doctor’s statement for each absence, however short.

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D. PAYMENT OF FAMILY ALLOWANCES TO UNIVERSITY ASSISTANTS

D1. These rules shall apply only to those University assistants who were in the employment of the University on 31 December 1973, and whose service subsequent to that date has been continuous. D2. The family allowances set out in Rules D3 to D10 shall be paid in respect of a child who is born or otherwise becomes the dependant of an assistant on or before 31 December 1983. D3. The family allowances specified in these rules shall be payable to University assistants who are appointed to fill posts in the establishments prescribed for institutions of the University in accordance with Regulation 5 for employment by the University and whose claim for an allowance is approved by the HR Committee; except that no allowances shall be payable to an assistant whose terms of appointment provide for a working week of less than 30 hours. D4. Family allowance shall consist of a non-pensionable payment for each dependent child, as defined in these Rules, and, except as provided in Rule D6 shall be payable with salary in monthly instalments for the whole of the University financial year (1 August to 31 July) during any part of which the child concerned was qualified. D5. A child shall be regarded as dependent if:

(a) he/she is under the age of sixteen; or over the age of sixteen but under the age of twenty-four and in receipt of full-time education, or prevented by illness or injury from entering paid employment; and

(b) he/she is wholly or almost wholly supported by the University assistant who

claims the allowance. On application by the assistant concerned the HR Committee shall, for the purpose of this Rule, have power to treat as if it were full-time education a course of occupational training in which the child’s earnings do not exceed £450 per year. D6. During the financial year in which a University assistant leaves the University’s service a family allowance shall be payable only in respect of that part of the year for which he/she was employed by the University. D7. The rates of allowance shall be: for assistants for assistants receiving receiving weekly wages annual salaries for the first child qualified £0.50 per week £26.00 per year for the second child qualified £0.38 per week £19.50 per year for each subsequent child £0.25 per week £13.00 per year

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D8. If both husband and wife are eligible to claim an allowance either under these rules or under the regulations for family allowances for University Officers, the allowance shall be payable to one parent only. D9. On first claiming an allowance for any child, the assistant shall produce the child’s birth certificate and payment in each year shall be conditional on the submission to the HR Committee of a certificate signed by the assistant stating that he/she is entitled to the payment. D10. The HR Committee shall have power to interpret these rules and in any case of doubt to decide whether an allowance is payable.

TEMPORARY RULES D11. Assistants who on 30 April 1950 were in receipt of family allowances at the rates which were then effective, that is, £0.18 a week for a wife (or other dependent relative), with or without £0.15 a week for each child, may continue to receive such allowance provided that, should a claim be made for an allowance in accordance with Rules D3 to D10, the old allowance shall cease and the new rate shall be payable only from the date on which the change is made. An assistant who has at any time received an allowance at the new rates specified in Rule D7 shall not claim a wife’s or dependent relative’s allowance. D12. Male assistants who on 30 April 1950 were established University assistants shall be entitled on marriage at any subsequent time to claim a wife’s allowance of £0.18 a week, but this allowance shall cease if at any time a child’s or children’s allowance is claimed under Rules D3 to D10. D13. Unestablished assistants who on 30 April 1950 were in receipt of allowances at the rate in force on that date may continue to receive allowances in accordance with those rates, but may not receive allowances at the new rates unless they become qualified in accordance with Rules D3 to D10.

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E. RULES GOVERNING PAYMENT TO UNIVERSITY ASSISTANTS OF

ALLOWANCES FOR TRAVELLING OR DURING ABSENCE FROM CAMBRIDGE

E1. An assistant shall be entitled to reimbursement, as provided for in these Rules,

(a) in respect of travelling expenses if the assistant is required by the Head of the institution where he/she works to undertake a journey, including any special additional journey outside his/her normal working hours between his/her home and the place of work;

(b) in respect of subsistence expenses if he/she is required to be on duty for four

hours or longer away from Cambridge;

(c) in respect of both travelling and subsistence expenses if, as provided for in Rule B32 for hours of work and holidays of University assistants, he/she is given leave of absence in order to attend an approved course of training or instruction, or to obtain special experience, away from Cambridge.

E2. Rates of payment shall be those approved by the HR Committee from time to time.1 E3. Subject to the Rules E4 and E5, repayment shall be limited to the sum actually and necessarily expended. Payment on a mileage basis for the use of a private motor vehicle may be made only if the Head of an institution is satisfied that travel by public transport is impracticable. E4. No allowance calculated on a mileage basis will be paid for the use of a pedal cycle for journeys undertaken on behalf of the University. Head of institutions may however make discretionary ex gratia payments either (a) on a regular basis if the assistant’s cycle is used substantially and regularly on behalf of the institution, or (b) occasionally in respect of particular journeys. All such payments shall be subject to the limits prescribed in Rule E2. E5. If an assistant agrees to undertake work not otherwise provided for in the terms of his/her appointment which would involve prolonged residence away from home, he/she may be entitled to a special allowance, in addition to travelling and subsistence expenses. On the application of the Head of the institution, the HR Committee shall determine the amount and authorise such a payment to an assistant. E6. With the exception of the provisions in Rule B14, in respect of special additional journeys to work, an assistant shall not receive payment for overtime in respect of any time, including travelling time, for which he/she is reimbursed in accordance with these Rules.

1 Particulars of approved rates may be obtained from the HR Division.

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F. METHOD AND TIMES OF PAYMENT OF SALARIES AND

WAGES TO UNIVERSITY ASSISTANTS

F1. Annual salaries, as prescribed in the schedule of Grades, Salaries and Wages of University Assistants, become due at calendar monthly intervals in arrears. Payment shall not be made by cash, and the normal method of payment shall be by transfer of credit to a bank account or equivalent. F2. Hourly rates of pay as prescribed in the Schedule also become due at calendar monthly intervals in arrears and shall be paid as set out in Rule F1 above. F3. When for any reason it is necessary to determine payment due to an assistant for a part of his/her normal pay period, the sum due shall be calculated on the basis of the number of working days in the period concerned:

one day’s pay = of the annual salary F4. Assistants shall not be entitled to receive payment in advance for periods of leave, but paying authorities may make such payment if they are satisfied that there is good cause for so doing. F5.* (a) Annual salaries as prescribed in the schedule of Grades, Salaries and Wages of

University Assistants, become due at calendar monthly intervals in arrears; payment shall not be made by cash and the normal method of payment shall be by transfer of credit to a bank account or equivalent.

(b) Weekly wages, as prescribed in the Schedule, become due weekly in arrears and

shall be paid by cash.

(c) Hourly rates of pay, as prescribed in the Schedule, become due weekly in arrears and shall normally be paid in cash.

F6.* Each assistant in a grade specifying either a weekly wage or an annual salary shall be paid according to the assistant’s preference. Any choice exercised in accordance with this rule shall not be revoked except by the assistant giving not less than one calendar month’s notice in writing to have effect only from the first day of a calendar month following the notice. F7.* The following transitional concession shall operate if any assistant receiving weekly payments and with not less than six months’ service in the University wishes to change to payment by annual salary, in accordance with Rule F6 or is placed in a grade in which payment is by annual salary.

(a) On the last normal day he/she shall receive in cash

(i) payment due to him/her for the period ending on the last day of that calendar month, plus

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(ii) a sum representing four-fifths of the expected net sum due as the first monthly instalment of the new annual salary.

(b) In each of the following four months he/she shall be paid, by credit transfer, four-

fifths of the net sum due in respect of each such month, except that in the first of these payments, the payment shall be adjusted as may be necessary to correct any error of estimation which may have occurred in the assistant’s final cash payment made as in (a).

F8.* When for any reason it is necessary to determine the payment due to an assistant for a part of his/her normal pay period (a week or a calendar month as the case may be), the sum due shall be calculated on the basis of the number of working days in the period concerned, i.e. one day’s pay = one-fifth of the weekly wage

one day’s pay = of the annual salary F9.* When a weekly paid assistant will be absent from work on paid leave on a date when a cash payment becomes due, he/she shall be entitled to receive that payment, or an aggregate of such payments not normally exceeding three weeks’ wages, on the pay day next preceding the start of the leave. Such advance payments shall be conditional on

(a) the assistant making application in time for such calculations and payment to be made;

(b) the assistant recognising that any correction or adjustment of the advance

payments which may subsequently be found necessary will be made at the earliest opportunity.

Assistants receiving annual salaries by credit transfer shall not be entitled to receive payment in advance for periods of leave, but paying authorities may make such payment if they are satisfied that there is good cause for so doing. F10.* Payment of wages to assistants shall be made by the Payroll Section of the Finance Division only, who will arrange the distribution of salary slips and wage packets to assistants through Heads of institutions. *Rules F5 to F10 apply only to those University assistants who were in the employment of the University on 31 July 1982 and whose service subsequent to that date has been continuous.

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G. INDIVIDUAL GRIEVANCE PROCEDURE

G1. An assistant, whether or not he or she is a member of a trades union, has the right to raise any grievance relating to their terms and conditions of employment under this procedure unless the matter is subject to other agreed procedures. Provided those concerned agree, the procedure may be abbreviated and any stage may be omitted in the interests of a speedy solution. The right of an assistant to request a personal interview with the Head of institution shall in no way be limited by this procedure. G2. Stage 1. (Informal)

(a) An assistant with a personal grievance relating to his or her terms and conditions of employment shall first discuss the matter with their immediate superior who, if unable to resolve the matter, shall inform the Head of institution as soon as practicable and in any event not later than five working days of the matter being first raised. The assistant may then raise the matter with the Head of institution.

(b) If the assistant has raised the matter with the Head of institution he or she shall

meet the assistant and seek to resolve the matter.

(c) This meeting shall, whenever possible, take place within five clear working days of the matter being notified to the Head of institution.

G3. Stage 2. (Formal)

(a) If the grievance remains unresolved, the assistant may raise the matter with the Director of HR provided he or she notifies the Director of HR in writing within ten working days of the meeting with the Head of the institution that he or she wishes to invoke the second stage of the procedure.

(b) If the assistant has requested that the matter be considered at the next stage, the

Director of HR shall then meet with the Head of the institution and the assistant who if he or she wishes may be accompanied by a representative, who should be an accredited Trades Union representative or another member of Assistant Staff.

(c) Meetings arranged under this rule will, whenever possible, be called within five

clear working days of the reference to the Director of HR.

(d) The Director of HR will notify the decision in writing within five clear working days of this meeting.

G4. Stage 3. (Appeal)

(a) If the grievance remains unresolved, the assistant may request the Director of HR to submit the matter to the University and Assistants Joint Board provided that he or she submits the request in writing within ten working days of receiving notice of the decision under Stage 2.

(b) The University and Assistants Joint Board, or any Committee which it shall

appoint to deal with the matter, shall whenever possible, consider the matter within ten clear working days.

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(c) The Director of HR will notify the assistant of the decision of the University and

Assistants Joint Board in writing within five clear working days of this meeting.

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H. DISCIPLINARY PROCEDURES

H1. If an assistant’s general conduct is unsatisfactory, or he/she is in breach of his/her terms of employment, the disciplinary procedures set out below shall be followed. Where an employee fails to perform the work expected of them to the required standard consideration should be given to the Capability Policy which addresses these situations. Capability may be assessed by reference to an employee’s skill, aptitude, health or other physical or mental quality in relation to the job they are employed to do. Advice should be sought from the HR Division if it is unclear which procedure is appropriate. H2. An assistant shall be given an opportunity to state his/her case at each stage of the procedure. Procedure for established assistants H3. If an assistant’s general conduct is unsatisfactory or if he/she is in breach of his/her terms of employment the normal action in the first instance shall be an informal warning from the job supervisor and/or the Head of institution with advice on how the assistant may remedy the failing. H4. First Formal Warning

(a) If however the informal warning fails, the Head of the institution shall see the assistant together with the job supervisor.

(b) The assistant may, if he/she so wishes, be accompanied by a representative who

should be an accredited Trades Union representative or another member of the Assistant Staff, and the Head of institution may ask that a representative of the HR Committee be present at the interview.

(c) At the conclusion of the interview, the Head of the institution shall if he/she

considers it necessary, issue a formal warning. If a formal warning is issued, the Head of institution shall write to the assistant confirming the warning, and the reasons for it and the period after which the matter will be reviewed. A copy of this letter shall be sent to the HR Division.

(d) The assistant shall sign and return a copy of the letter acknowledging receipt of it.

H5. Second Formal Warning

(a) At the end of the specified period, the Head of institution shall see the assistant together with the job supervisor.

(b) The assistant may, if he/she so wishes, be accompanied by a representative who

should be an accredited Trades Union representative or another member of the Assistant Staff, and a representative of the HR Committee shall be present at the interview.

(c) At the conclusion of the interview, the Head of institution shall either:

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(i) inform the assistant that the matter is now resolved and the first formal warning is expunged;

or (ii) inform the assistant that the matter will be reviewed at the end of a specified

period;

or (iii) issue a second formal warning, and state the action that may be taken in the event of subsequent failure and the date upon which the matter will be reviewed.

(d) In any event the Head of institution shall write to the assistant confirming the

decision and the reasons for it. A copy of this letter shall be sent to the HR Division.

(e) The assistant shall sign and return a copy of the letter acknowledging receipt of it.

H6. Review of the Case

(a) The case shall be reviewed after a specified period and this period shall be not less than four clear working weeks after the second formal warning.

(b) The Head of the institution shall see the assistant together with the job supervisor.

(c) The assistant may, if he/she so wishes, be accompanied by a representative who

should be an accredited Trades Union representative or another member of the Assistant Staff, and a representative of the HR Division shall be present at the interview. The assistant and/or his or her representative shall be given the opportunity to make representations.

(d) Following the meeting the Head of the institution shall consider the facts of the

case and shall consult with the Director of HR.

(e) The Director of HR on behalf of the HR Committee shall advise the Head of the institution on the action to be taken, and, where appropriate, inform the assistant’s representative of the decision and the action to be taken.

H7. Final Interview

(a) The Head of institution shall see the assistant and inform him/her of the HR Committee’s decision.

(b) The assistant may, if he/she wishes, be accompanied by a representative who

should be an accredited Trades Union representative or another member of the Assistant Staff, and a representative of the HR Committee shall be present at the interview.

(c) At the conclusion of the interview, the Head of the institution shall write to the

assistant confirming the decision that has been taken.

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Procedure for unestablished assistants H8. If an assistant’s general conduct is unsatisfactory, or if he/she is in breach of his/her terms of employment, the normal action in the first instance shall be an informal warning from the job supervisor and/or the Head of institution with advice on how the assistant may remedy the failing. H9. Formal Warning

(a) If however the informal warning fails, the Head of the institution shall see the assistant together with the job supervisor.

(b) The assistant may, if he/she so wishes, be accompanied by a representative who

should be an accredited Trades Union representative or another member of the Assistant Staff, and the Head of institution may ask that a representative of the HR Committee be present at the interview.

(c) At the conclusion of the interview, the Head of the institution shall, if he/she

considers it necessary, issue a formal warning. If a formal warning is issued, the Head of institution shall write to the assistant confirming the warning, and the reasons for it, and the period after which the matter will be reviewed. A copy of this letter shall be sent to the HR Division.

(d) The assistant shall sign and return a copy of the letter acknowledging receipt of it.

H10. Review of the Case

(a) The case shall be reviewed after a specified period and this period shall be not less than four clear working weeks after the formal warning.

(b) The Head of the institution shall see the assistant together with the job supervisor.

(c) The assistant may, if he/she so wishes, be accompanied by a representative who

should be an accredited Trades Union representative or another member of the Assistant Staff, and a representative of the HR Committee shall be present at the interview. The assistant and/or his or her representative shall be given the opportunity to make representations.

(d) Following the meeting the Head of the institution shall consider the facts of the

case and shall consult with the Director of HR. (e) The Director of HR on behalf of the HR Committee shall advise the Head of the

institution on the action to be taken, and, where appropriate, inform the assistant’s representative of the decision and the action to be taken.

H11. Final Interview

(a) The Head of institution shall see the assistant and inform him/her of the HR Committee’s decision.

(b) The assistant may, if he/she so wishes, be accompanied by a representative who

should be an accredited Trades Union representative or another member of the

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Assistant Staff, and a representative of the HR Committee shall be present at the interview.

(c) At the conclusion of the interview, the Head of the institution shall write to the

assistant confirming the decision that has been taken.

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Procedure in the case of alleged serious misconduct by an assistant H12. In the case of alleged serious misconduct, the procedure set out in Rules H13

to H15 shall be followed. H13. Suspension (a) The Head of the institution may inform the assistant that he/she is suspended

from duty with pay and should not attend the place of work until further instructed.

(b) The Head of the institution shall inform the HR Committee immediately of the facts concerning the suspension of an assistant.

H14. Investigation of the matter

(a) The Head of institution after consultation with the Director of HR shall see the assistant concerned to investigate the matter.

(b) The assistant may, if he/she so wishes, be accompanied by a representative who should be an accredited Trades Union representative or another member of the Assistant Staff, and a representative of the HR Committee shall be present at the interview.

H15. Decision

(a) Following the meeting the Head of the institution shall consider the facts of the case and shall consult with the Director of HR.

(b) The Director of HR on behalf of the HR Committee shall advise the Head of the institution on the action to be taken.

(c) The Head of the institution shall see the assistant and inform him/her and, where appropriate, the assistant’s representative, of the decision and the action to be taken.

(d) The Head of the institution shall write to the assistant confirming the decision that

has been taken. Right of appeal against dismissal H16. An assistant shall have the right of appeal to the University and Assistants’ Joint Board under Rule G4 provided that an appeal is submitted in writing to the Director of HR within five working days of the date upon which he/she is notified of dismissal. H17. An established assistant shall have the right to appeal to the Council against the ending of his/her employment provided that:

(a) the appeal has been heard and not resolved under the procedure described in Rule G4;

(b) the assistant has lodged written notice of appeal to the Director of HR under this

Rule within five days of being informed of the decision made under Rule G4.

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Right of appeal against disciplinary decisions H18. An assistant who is dissatisfied with any disciplinary decision affecting him/her including the issue of any formal warning may apply to the Secretary of the HR Committee for consideration of the case provided that an application is submitted in writing within ten working days of being notified of the decision. H19. The Secretary of the HR Committee shall then submit the matter to the HR Committee for their consideration. Records H20. Except in special circumstances, formal warnings issued under these rules shall be removed from an assistant’s records after an appropriate period of satisfactory conduct.

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J. MATERNITY AND OTHER FAMILY-RELATED LEAVE AND PAY

Entitlement

J1. This policy applies to all staff, regardless of their length of service and their entitlement to statutory maternity benefits, whose expected week of childbirth falls on or after 1 April 2007.

A member of staff who is the prime carer and adopts a child aged under 5 shall have the right to receive leave equivalent to maternity leave; the arrangements for leave for a member of staff who adopts a child aged over 5 shall be at the discretion of the HR Committee, but will be no less than the statutory provision.

Maternity Leave J2. All University staff are entitled to a maximum of 52 weeks’ maternity leave, consisting of 18 weeks’ leave during which they will receive their normal rate of pay followed by 21 weeks during which they will receive, if they are entitled, Statutory Maternity Pay, and up to 13 weeks’ unpaid leave. Maternity leave should normally commence no earlier than 11 weeks before the expected week of childbirth, and must extend to at least two weeks after the birth. Maternity Pay J3. (a) An assistant taking maternity leave will receive maternity pay equal to her

normal salary for 18 weeks. She will receive Statutory Maternity Pay (assuming that she is entitled to receive it) only for a further 21 weeks.

(b) Her contractual maternity pay include any Statutory Maternity Pay to which she is entitled, unless the amount due under the Statutory Maternity Pay scheme is greater, in which case the Statutory Maternity Pay will be payable.

(c) If she is not entitled to Statutory Maternity Pay the salary payable will be reduced by the amount of Maternity Allowance which she is entitled to receive. An assistant not eligible for Statutory Maternity Pay shall be deemed to be entitled to Maternity Allowance unless she shows proof to the contrary.

J4. Maternity pay is subject to the condition that no work is undertaken during the paid period of leave (up to 39 weeks) outside 'keeping in touch days'. A member of staff whose baby is born on or after 1 April 2007 may, with the agreement of her Head of Department, carry out up to 10 days' work during her statutory maternity leave period without bringing her maternity leave to an end. In accordance with legislation, any work carried out on any day shall constitute a full day's work. This provision does not apply during the two week period commencing on and including the day on which childbirth occurs. Work means any work done under the contract of employment and may include training, attending meetings and committees or any activity undertaken for the purposes of keeping in touch with the workplace.

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It should be noted however, that this provision does not confer any right on the Institution concerned to require any work to be carried out during the statutory maternity leave period, nor any right on a member of staff to request work during this period. Also, there is no obligation on either the Institution or the member of staff to make use of these days. J5. Payment will normally be made on the assistant’s normal pay date and at her normal pay interval. J6. An assistant will be entitled to time off with pay in order to attend ante-natal appointments, which may include classes. The relevant authority may require her to produce an appointments card from her clinic. Notification

J7. An assistant should give notice of her intention to take maternity leave no later than 15 weeks before the expected week of childbirth (using Form CHRIS/60) If for any reason the date on which she proposed to commence her maternity leave changes, she must give at least 8 weeks notice of the change, unless this is not reasonably practicable, in which case she should give as much notice as is reasonably practicable. J8. If an assistant is absent from work due to a pregnancy-related reason after the beginning of the fourth week before the expected week of childbirth but before the date she has notified, her maternity leave will begin on the day after the first day of the absence. Return to work J9. On receipt of the formal application the HR Division will write to the assistant granting leave, and informing her of the latest permissible date for return from maternity leave. If she wishes to return earlier than this date she should give 8 weeks’ notice of her intended date of return.

J10. Annual leave entitlement as stated in the relevant contract of employment will accrue during the paid maternity leave only, subject to the proviso that the minimum leave entitlement in any leave year shall be in line with provisions under the Working Time Directive (1998). The relevant departmental administrator can provide information regarding the calculation of annual leave during maternity leave. Accrued annual leave should be taken either prior to maternity leave or within three months of returning to work following maternity leave.

J11. An assistant has the right to return to her previous post if she returns to work at the end of her paid maternity leave period. Should she take additional, unpaid maternity leave, she will normally return to her previous post; however if that should not be feasible she is entitled to return to work on terms and conditions no less favourable than those which applied before her maternity leave. Should a redundancy situation arise which could affect the post of an assistant on maternity leave, she will be consulted about the continuation of her employment, and if her post becomes redundant she will be offered any suitable alternative vacancy which is available.

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J12. On receipt of the notification of maternity leave, the HR Division will write to the assistant informing her of the latest date on which she may return from maternity leave. If she wishes to return before the date notified to her she must give at least 8 weeks notice of her intended date of return (using form CHRIS/61). J13. Assistants are not required to give advance notice of their intention to return at the end of the full maternity leave period, but an assistant who intends to do so is urged to keep her Head of Institution informed of her intentions so that appropriate cover arrangements can be made and workloads can be planned. J14. If an assistant is unable, because she is medically unfit to work, to return to work at the end of her entitlement to maternity leave, she should submit medical certification in the usual way and she will then transfer from maternity leave to sick leave. Subsequently the normal procedures relating to absence on account of sickness will be followed. J15. If an assistant does not return to work following a period of maternity leave, her job remains open and she does not automatically lose her right to return. However, her absence may be treated as unauthorised absence under the University’s disciplinary policies for that category of staff. J16. If an assistant does not return to work after the specified period, or returns to work but does not subsequently continue in the employment of the University for a period of at least three months, the University shall have the right to reclaim from her pay that which she has received in excess of the amount to which she is entitled under legislation in force at the time. The amount deducted shall be all the excess pay if she does not return, two thirds of the excess pay if she returns and continues in employment for one month, and one third of the excess pay if she returns and continues in employment for two months. In exercising this right the University shall have regard to individual circumstances. J17. An assistant will be able to return from maternity leave by graduated steps, and/or part-time, provided that her institution can make arrangements to cover her duties at no extra cost to the University. If an assistant wishes to discuss any change in working arrangements on her return to work, she should contact her Head of Institution at the earliest opportunity and not later than 8 weeks before she returns to work. Any agreement to a change in working arrangements (e.g. to work part-time) will be considered on the basis of the operational requirements of the department. Statutory entitlements on return to work

J18. Emergency leave: All employees have a statutory right to short periods of unpaid leave in order to make arrangements to deal with family emergencies. In addition to this statutory provision Heads of Institution have discretion to grant compassionate leave where circumstances justify so doing. J19. Parental leave: All employees who have a year’s continuous service have a statutory right to parental leave. J20. Flexible working: All employees who have a child aged under six years or a disabled child under the age of eighteen years and have 26 weeks’ continuous service have a statutory right to apply for flexible working. With effect from 1 April 2007, employees who are carers of adults are also entitled to request flexible working.

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ADOPTION Leave J21. An assistant, male or female, who adopts a child will be entitled to adoption leave provided that only one of the adoptive parents may take adoption leave. The other member of the couple, or the partner of the adopter, will be entitled to take paternity leave. Notification J22. The assistant should give notice of his/her intention to take adoption leave within 7 days of being notified by their adoption agency that they have been matched with a child for adoption, unless this is not reasonably practicable. This notice should state when the child is expected to be placed and when the adopter wants their adoption leave to start. A ‘matching certificate’ which will be provided by the adoption agency should be submitted. If for any reason the date on which s/he proposed to commence the adoption leave changes, s/he must give at least 8 weeks notice of the change, unless this is not reasonably practicable, in which case s/he should give as much notice as is reasonably practicable. J23. On receipt of the notification of adoption leave, the HR Division will write to the assistant informing him/her of the latest date on which s/he may return from adoption leave. If s/he wishes to return before the date notified to her s/he must give at least 8 weeks notice of his/her intended date of return. J24. Adoptive parents will receive payment at the discretion of the HR Committee, which in any event shall be no less than Statutory Adoption Pay.

PATERNITY LEAVE

J25. An assistant who is the biological father of a child or the mother’s husband or partner (male or female) and who has or expects to have responsibility for the child’s upbringing, or an assistant of either sex who is adopting a child but is not taking adoption leave, will be entitled to a maximum of two weeks’ paid paternity leave. J26. To qualify for paternity leave, the assistant should give notice no later than the fifteenth week before the baby is expected, or within seven days of being notified by the adoption agency that he/she has been matched with a child for adoption, unless this is not reasonably practicable. If for any reason s/he wishes to change the start date of the leave period, s/he should give at least 28 days’ notice of the change, unless this is not reasonably practicable.

J27. The leave can start on any day of the week on or following the child’s birth/placement and must be completed within 56 days of the actual date of birth/placement of the child (or if the child is born early, within the period from the actual date of the child’s birth up to 56 days after the expected week of birth).

ADDITIONAL PATERNITY LEAVE J28. An assistant whose child is born or placed on or after 3 April 2011 and who meets the statutory requirements set out J25 and J29 and has worked continuously for the University for 26 weeks, either leading into the 15th week before the baby is due or being

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told by the adoption agency that they had been matched with the child will be entitled to a maximum of 26 weeks’ additional paternity leave (minimum request 2 weeks’ additional paternity leave). This additional paternity leave includes a period of additional statutory paternity pay (paid at the same rate as the standard rate of statutory maternity pay or at 90% of their average earnings if this is less than the standard rate). The remainder of the 26 weeks additional paternity leave period is unpaid. J29. For an assistant to be entitled to additional paternity leave and pay, the mother of their child must have returned to work after maternity leave before taking her full entitlement to 39 weeks’ statutory maternity pay or maternity allowance but with at least 2 weeks of unexpired statutory maternity leave entitlement (of the full entitlement of 52 weeks) remaining. J30. The start date of the assistant’s additional paternity leave should be no earlier than 20 weeks following the birth/placement of the child and end no later than the child’s first birthday/first anniversary of the child’s adoption. As the total entitlement to additional paternity leave is 26 weeks, any of this leave which is taken outside what would have been (had she not returned to work) the mother's 39-week SMP, Maternity Allowance or Adoption Pay period is unpaid. J31. The assistant would therefore be entitled to additional paternity leave with pay after the child’s mother has returned to work during the period from 20 weeks after the birth/placement of the child which is within the mother’s 39-week SMP, Maternity Allowance or Adoption Pay period. J32. To qualify for additional paternity leave, the assistant should give 8 weeks’ notice, using the CHRIS/72 form, of the date that they expect their additional paternity leave to start and the date when they expect to return. The CHRIS/72 form must also be completed and signed by the child’s mother, confirming in writing that she has returned to work. If for any reason they wish to change the start date of the leave period, they should give at least 28 days’ notice of the change, unless this is not reasonably practicable. J33. An assistant on additional paternity leave may, with the agreement of their Head of Department, carry out up to 10 days' work during the leave period without bringing the leave to an end. In accordance with legislation, any work carried out on any day shall constitute a full day's work. Work means any work done under the contract of employment and may include training, attending meetings and committees or any activity undertaken for the purposes of keeping in touch with the workplace. It should be noted however, that this provision does not confer any right on the Institution concerned to require any work to be carried out during the additional paternity leave period, nor any right on a member of staff to request work during this period. Also, there is no obligation on either the Institution or the member of staff to make use of these days. Any day’s work carried out will not have the effect of extending the total additional paternity leave period. J34. Payment would normally be made on the assistant’s normal pay date, at the normal pay interval.

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General

J35. An assistant who is appointed to a post temporarily vacated by an assistant on maternity, adoption or paternity leave, and is so informed in his/her letter of appointment, may be dismissed with one week’s notice when the assistant returns from maternity, adoption or paternity leave.

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K. DIGNITY AT WORK

K1. The University of Cambridge is committed to protecting the dignity of all members of the University community in their work and their interactions with others. The University expects all members of the University community to treat each other with respect, courtesy and consideration at all times. All members of the University community have the right to expect professional behaviour from others, and a corresponding responsibility to behave professionally towards others. The Dignity at Work policy and procedure was published in May 2006 and is available electronically via the HR Division website or as a booklet from the HR Division/Equality & Diversity section. K2. Bullying and harassment is defined as behaviour that is

- unwanted by the recipient - perceived by the recipient as violating his or her dignity and/or creating an

intimidating, hostile or offensive environment and - having regard to all the circumstances, including the recipient’s perception, the

behaviour could reasonably be considered as having this effect - whether or not there was an intention to cause the effect.

Behaviours which amount to bullying and harassment are unacceptable. Action, which may include disciplinary action, will be taken against any member of staff who has subjected another member of the University community to bullying or harassment. K3. There are various steps that can be taken to deal with the situation if an assistant feels that he/she has been subjected to inappropriate treatment:

(a) If the assistant feels able to do so, he/she can speak to the person concerned, with the support of a colleague or adviser

(b) The assistant can ask for the help of an independent conciliator to seek a formal resolution to the problem

(c) If it is impossible to resolve the problem informally, or if the assistant feels that

there is a need for a more formal approach, he/she can approach their Head of Institution or the Director of HR with a formal complaint.

K4. A formal complaint will be investigated as speedily as possible by an independent person who will report on the investigation. Action will then be taken to resolve the situation and where necessary this will include disciplinary action and could, if the case is serious enough, result in the dismissal of the person found to be bullying or harassing. K5. If a complaint is found to be malicious or vexatious, the complainant could be subject to disciplinary action. K6. These steps are set out in more detail in the Dignity at Work policy and procedure.

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L. PROBATIONARY ARRANGEMENTS

L1. Probation is a formal arrangement at the start of an appointment, whereby individual members of staff demonstrate their suitability for a particular job within a set timescale and the Head of Institution or their nominee make arrangements to carry out induction, monitor and review performance, and to provide guidance and training. Any misconduct of an assistant during his/her probationary period will normally be dealt with separately in accordance with the disciplinary procedures set out in Rules H. L2. Length of the probationary period

(a) The length of the probationary period will depend on the level of responsibility of the post, and the Head of Institution or his/her nominee, on the basis of the job description for the post will propose an appropriate period. It will normally be not less than three months and not more than six months.

(b) The Head of Institution or his/her nominee on making the appointment will

inform the HR Division of the proposed probationary period. L3. The Head of Institution or his/her nominee will make appropriate arrangements for setting out the requirements of the job, monitoring progress, and identifying areas where further training and development are needed. Notes of guidance are provided by the HR Division. L4. During the probationary period the Head of Institution or his/her nominee will arrange a series of progress reviews at appropriate intervals. L5. Towards the end of the probationary period the Head of Institution or his/her nominee will make an overall assessment of the individual's performance and, where this has been satisfactory, will confirm the appointment. L6. Where the Head of Institution or his/her nominee is not able to confirm that probation has been completed satisfactorily, s/he, after consulting the HR Committee/Director of HR/HR Consultant, will decide what action is appropriate at the end of the probationary period. The range of actions available will be as follows:

(i) to extend the probation where more time is needed to assess performance, or

(ii) to authorize the termination of the appointment, with the appropriate notice period, where performance is unsatisfactory.

L7. If the appointment is terminated, the member of staff will have the right to appeal, in accordance with the disciplinary procedure set out in Rule H16. The member of staff will be notified in writing of the right to appeal at the time that formal notice of dismissal is given. L8. Casual and temporary appointments for less than 12 weeks will not be subject to a probationary period. However if the appointment is to be extended beyond 12 weeks a probationary period will be set. In implementing probationary arrangements for such staff, account may be taken of a review of the assistant’s performance in the initial period of employment and in any event the total probationary period set will not exceed six months from the initial date of appointment.