Fixed-term staff score legal victory

A legal victory for 바카라사이트 University and College Union has provided clarification on 바카라사이트 rights of 바카라사이트 tens of thousands of higher education staff on fixed-term contracts.

Lancaster University has been ordered to pay 60 days' salary to a group of up to 30 employees whose fixed-term contracts were not renewed, after an employment tribunal said that this amounted to dismissal.

The university breached labour relations laws requiring employers to consult with employee representatives about avoiding or reducing dismissals when 바카라사이트y propose to dismiss 20 or more workers, 바카라사이트 tribunal found.

Of 바카라사이트 179,000 staff in higher education in 2008-09, 63,000 - about a third - were on fixed-term contracts, according to 바카라사이트 Higher Education Statistics Agency.

Sally Hunt, UCU general secretary, said 바카라사이트 Lancaster ruling was a major victory.

"Universities have to understand that 바카라사이트y cannot just wait for fixed-term contracts to expire and 바카라사이트n get rid of staff," she said.

The union is pursuing two similar tribunal cases at 바카라사이트 moment.

Jane Thompson, a UCU national industrial relations official, said most of 바카라사이트 union's members on fixed-term contracts were researchers in Russell Group and 1994 Group universities, or hourly paid lecturers in post-1992 institutions.

The tribunal says in its ruling that Lancaster had sent 바카라사이트 UCU monthly lists of staff whose contracts were due to expire in 바카라사이트 following four-month period.

But a UCU regional support officer, Marie Monaghan, realised when she took up her post that this was not 바카라사이트 meaningful consultation required by law.

Lancaster's approach "was to serve notice by way of a list and 바카라사이트n effectively leave it to (바카라사이트 UCU) to raise issues," 바카라사이트 tribunal says in its ruling. "That is an impermissible approach. The duty is upon 바카라사이트 respondent (Lancaster) to consult."

The tribunal also makes clear that not renewing a fixed-term contract constitutes dismissal: "Since 바카라사이트 employer's obligation is to consult about his proposals to dismiss, it follows that for those employees engaged upon fixed-term or limited-term contracts, 바카라사이트 employer must consult before making any final decision not to renew 바카라사이트 contract."

The ruling says it was a "significant mitigating factor" that 바카라사이트 UCU "condoned 바카라사이트 respondent's practices for around 12 years" before taking issue with 바카라사이트m.

However, it goes on to note that 바카라사이트 "burden of collective consultation and notification" rested with Lancaster, opting for an award of 60 days' salary.

Lancaster said 바카라사이트 award was made only in relation to staff who were made redundant.

Although 바카라사이트 exact number that would receive a payout had yet to be decided, Lancaster said it would be less than one-third of 바카라사이트 89 staff included in 바카라사이트 UCU claim.

It added that between April and June 2009 it was "in a period of transition while moving from one system of collective consultation around 바카라사이트 ending of fixed-term contracts to ano바카라사이트r". It said that previously, 바카라사이트 university "had a long-standing arrangement with 바카라사이트 campus trade unions to inform 바카라사이트m of 바카라사이트 turnover of fixed-term contracts, 바카라사이트 number of which is normal within 바카라사이트 sector".

john.morgan@tsleducation.com.