A12/B12 Workshop summary and outcomes

Research staff strand

The impact of the fixed term directive on supporting the careers of research staff

Dr Liz Oliver, Research Fellow, University of Liverpool

Overview

This European directive, which has been adopted into UK law, sets out general principles and minimum requirements relating to fixed-term work across the EU.

The Roberts' Review in 2002 concluded that the widespread use of fixed-term contracts within UK higher education was ‘a major barrier to the recruitment and development of researchers'.

Following the directive's introduction, universities have reviewed their employment policy for their fixed-term employees and responded to this directive in different ways. A recent tribunal involving a researcher at the University of Aberdeen ruled that there was no objective reason to deny him a permanent post.

The session introduced the legislation on fixed-term work and explored that recent tribunal judgement. It looked at HE policy responses to the legislation and used a university case study to introduce discussion. Participants shared their own approaches and plans, discussing possible implications for the career development of research staff.

Presentation summary

The session introduced the legislation on fixed-term work (the EU Directive and the national implementing legislation), clarifying the nature of the legal tools and their key features.

A recent employment tribunal (‘the Aberdeen case') concerned the application of the legislation in a university context. It addressed an important question: whether there were objective grounds for continuing to use fixed-term contracts where a researcher had been employed on successive fixed-term contracts to work on short-term grant funded research projects.

The tribunal's approach to applying the legislation to this common university context was introduced and a lively discussion followed.

Having looked at how the legislation is beginning to be applied, the session went on to look at HE policy responses. How do policy makers think that universities should respond? Some policy responses seek to ‘promote stability' in the employment of researchers for example through the greater use of indefinite contracts plus redundancy. Other responses emphasise that the postdoctoral phase should be seen as transitional, researchers should establish an academic career or seek employment elsewhere.

Finally the session addressed the response of universities. A case study of Robert Gordon University was used as route into discussions of policy responses in participants' own institutions.

Discussion outcomes

Participants discussed the real culture change needed at university level to manage and plan for the employment of researchers on grant funding. 

A key area of discussion was the model of using indefinite contracts in combination with redundancy to match up the employment of researchers with available grant funding.

• Participants confirmed that the use of indefinite contracts for research staff, with the associated redundancy procedures, is growing.
• The Aberdeen tribunal highlighted the importance of effective redundancy policies. This formed the focus of much discussion. A key question was whether the application of redundancy policies to permanent research staff could be addressed without considering the status of permanent academic staff.
• A further important question was whether the use of indefinite contracts was misleading, particularly where the likelihood of redundancy at the end of a grant is high. The University College London example of using ‘end date' clauses was discussed.
• The use of redeployment was discussed as a way of promoting longer term employment within institutions. Participants discussed various approaches to redeployment, some had mixed views on effectiveness of this option.

In terms of effective management and resource planning the role of the principal investigator was considered crucial. Principal Investogators need sufficient support: from HR and management. It is important to make sure that the system works for the principal investigator, the researcher, and the institution.

Much research is required into the various institutional responses to the legislation on fixed-term employment and their impact on the careers of research staff.

View the A12/B12 presentation slides