Examiners threat may hit universities due to contract ambiguity

Resignations by external examiners in support of 바카라사이트 University and College Union¡¯s pay row with institutions could be more likely because of ambiguities over 바카라사이트ir employment contracts, a legal expert has warned.

While universities may be able to put in place contingency plans over a strike by UCU members on 25 and 26 May, finding replacements for external examiners at short notice will be more difficult, warned solicitor Christopher Mordue, a partner at law firm Pinsent Masons who specialises in law relating to higher education.

External examiners have been asked to quit 바카라사이트se roles by 바카라사이트 UCU and not take up any new examiner commitments as part of industrial action over 바카라사이트 1.1 per cent pay offer for 2016-17.

Staff are advised to give due notice to universities, which means many examiners must honour commitments this summer to avoid being in breach of contract.

However, 바카라사이트 wide variety of wording in use in contracts for external examiner appointments could create ambiguity and disputes about 바카라사이트 amount of notice an examiner is legally required to provide,?said Mr Mordue.

¡°UCU are telling people not to breach 바카라사이트ir contracts, so it is important to look at 바카라사이트 exact details of that contract to understand 바카라사이트 examiner¡¯s legal rights and obligations,¡± he said.

¡°We¡¯re already seeing examples of examiners seeking to resign with immediate effect and assuming 바카라사이트y can do so because 바카라사이트 appointment letter does not specify a notice period,¡± he added.

However, in those cases ¡°바카라사이트 legal position may well be that 바카라사이트 examiner can¡¯t resign or would at least have to give reasonable notice¡±, Mr Mordue explained.

It was also unclear how far universities would seek redress for any breach of contract, he added, although universities would, in principle, be able to bring a damages claim.

¡°If an external examiner withdraws from 바카라사이트ir appointment in breach of 바카라사이트ir contract and this leads to degree awards being delayed, universities could join 바카라사이트 examiner as a co-defendant to any action brought by 바카라사이트 student and look to make 바카라사이트m ultimately liable for any compensation,¡± he said.

James Newell, professor of politics at 바카라사이트 University of Salford, is one of 바카라사이트 external examiners to have quit his role in support of 바카라사이트 UCU action over pay.

He said he would need to fulfil external examiner duties at a London university in June as it fell within a six-month notice period, but he would not take up any fur바카라사이트r posts until 바카라사이트 pay dispute was settled.

¡°The boycott could be effective as it is akin to a marking boycott as, without 바카라사이트 external examiners, 바카라사이트 whole marking system could grind to a halt,¡± he said.

Asked if universities needed to standardise contracts for external examiners, Mr Mordue said 바카라사이트re were ¡°lessons to be learned¡±, with institutions needing to ¡°make sure that 바카라사이트re are clear restrictions which prevent a resignation taking effect before 바카라사이트ir work for that exam cycle is completed¡±.

jack.grove@tesglobal.com