appointments to cope with unexpected or unpredictable period of demand over a time-limited period. With regard to “externally-funded, time-limited research projects where the prospect of continued funding is unlikely”: a fixed term appointment will usually only apply to the employee’s first appointment with the University, where there is no evidence of continued funding. In such circumstances, the University's commitments under the research concordat will apply. In circumstances where funding bodies do not permit the holders of research fellowships to have an open-ended position or where the funding cannot be used for open-ended appointments, individuals may need to be offered a fixed term contract to fulfil the conditions of the funding body. Worker (including casual or irregular working) A worker is defined in regulation 2 (1) of the Working Time Regulations 1998 as someone who works under a contract of employment or “ any other contract, whether express or implied…. whereby the individual undertakes to do or perform personally any work or services for another party to that contract”, provided they are not a client or customer of the individual’s profession or business. A worker is associated with casual or irregular working arrangements. An individual is likely to be a casual or irregular worker if most of these apply: they occasionally do work for a specific organization the organization doesn’t have to offer them work and they don’t have to accept it - they only work when they want to their contract with the organization uses terms like ‘casual’, ‘freelance’, ‘zero hours’, ‘seasonal’, ‘as required’ or something similar they had to agree with the organization’s terms and conditions to get work - either verbally or in writing Workers are entitled to some employment rights including: the National Minimum Wage holiday pay protection against unlawful discrimination the right not to be treated less favourably if they work part-time. Workers are not entitled to: minimum notice periods if their employment will be ending, for example if an employer is dismissing them protection from unfair dismissal the right to request flexible working time off for emergencies
they are the supervision or control of a manager or director they can’t send someone else to do their work the organization deducts tax and National Insurance contributions from their wages statutory redundancy pay Self-employed (Contract For Services) A self-employed individual provides the employer with his or her services, but remains independent. The contract between the individual and the University is ‘a contract for services’. Typically there may be an ability to provide alternative individuals to carry out the work in question. Services may also be provided through a company (see Personal Service Company below). If a ‘contractor’ does work similar to that of an employee, or in a similar manner, then HMRC considers that they should be engaged as employees and the University must therefore deduct PAYE tax and NI. Managers wanting to employ ‘contractors’ must therefore identify/seek approval for the necessary funding and identify the employment of their work or assignment (and set up a formal contract under the appropriate heading/contract as per defined arrangements): Fixed-term employee (via HR) eClaims/Casual worker (via HR) Contract for services (currently via Procurement with exception of UEBS) Note: To meet the requirements of employment law and tax law and to safeguard the university’s position as an employer, the university expects most individuals engaged to work by the university to be employed on a contract of employment (approved via the eSR1 process). In addition, the should only be used for engagements which are ad hoc or of very short duration. There may however, be Self-employed workers are not entitled to statutory employment rights. However, a self-employed person: still has protection for their health and safety on a client's premises in some cases will be protected against discrimination will have rights and responsibilities set out in the terms of the contract with their client in general will not have right to holiday pay