| Relationship |
Worker although individuals accrue statutory employment rights during engagement periods only. |
| Description |
The Bank Agreement means simply that the individual will be included as one of a number of individuals in a ‘Bank’ register within a department. They may be called upon, often at short notice, to ascertain their availability to undertake a ‘work session’ (see Glossary for our definition of a work session).
Individuals can reject work (even after having originally agreed to undertake the work) and the UoS is under no obligation to provide or guarantee work.
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| Key Features |
• The individual’s details are simply registered on the ‘Bank’.
• Level of demand for work is variable and may fluctuate.
• There is no guarantee or promise that future work will be offered.
• Any offers of work could be withdrawn by the department.
• Individuals can reject any work that is offered without penalty*, even having accepted the work, but prior to commencing it.
• Each period of work or work session is of a short duration and termination of each session is agreed in advance, normally by reference to a date.
• There are typically breaks of at least 1 week between each period of work, and no obligations (ie to either offer or accept further engagements) between periods of work.
However, once an individual has accepted and commenced the engagement, the expectation is that: i) Work is completed by the contracted individual, with no right of substitution during the session; ii) During the engagement the individual cannot temporarily or permanently withdraw their services without notice.
*’without penalty’ means that they cannot be ‘struck off’ or threatened with being ‘struck off’ the Bank simply for rejecting work.
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Principal individual rights associated with contract
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Unless the employment relationship type changes over time, can only obtain List A rights (see: Employment Rights Summary) However, during each engagement they would also be eligible for List B and C rights, subject to fulfilling defined criteria. |
| Financial Authorisation |
Requires prior approval from the Head of Department. It is an engaging department’s responsibility to ensure that there are sufficient funds available within their existing budget to pay workers, including for associated benefits (see below). |
| Recruitment Process |
All recruitment and engagement activity undertaken by engaging department. See Recommended Recruitment and Engagement Process for the University Bank |
| Responsibility for administration / record keeping |
Department raises Agreement using the Pro-Forma for Registration Agreement for the University Bank.
Department to maintain sufficient records relating to each engagement period undertaken by the individual. This also includes all refusals of offers of work / cancelled engagements, etc (to evidence breaks in employment).
Department to calculate annual leave entitlements, maintain records and arrange payment for annual leave.
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| University’s Statutory obligations |
Department undertakes immigration checks for workers. The offence of employing a person subject to immigration control (Immigration, Asylum and Nationality Act 2006) applies. There is a civil penalty of up to £10,000 per illegal employee, and knowingly employing someone illegally is a criminal offence with a potential prison sentence or unlimited fine.
Risks assessments and pre-engagement health checks are also undertaken by the Department.
Criminal record checks (where relevant) will need to be undertaken by the Department of HR (checks to be paid for by the engaging department).
Employees are in the scope of the Health and Safety at Work Act 1974 (HSWA), and the common law provisions.
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| Work Allocation |
Determined by the engaging department. |
| Grading and Pay |
See Pay rates and determining pay for the University Bank |
| Payment process |
Payments made via submission of claims forms, authorised by engaging department.
Payments are made monthly, with payslips sent to the home address.
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| Tax Treatment |
Income tax and NI to be deducted at source. |
| Benefits |
Statutory benefits accrue during each engagement period ONLY. These include:
• Right to paid annual leave (maximum of 28 days per annum)
• Eligibility to SSP / SMP / SAP if meeting the relevant criteria
• Access to University Stakeholder pension.
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| UCard Allocation |
External UCard for those undertaking non-teaching work, Associate UCard for those undertaking teaching-related activity. Departments should request that individuals return their UCards back to the department between engagements. |
| Induction |
An Induction checklist for workers can be found at: Recruitment. Departments should pay individuals for any time required to undertake induction training. |
| Development and Training |
Departments are responsible for ensuring individuals on the University Bank are equipped and skilled to undertake role. |
| Involvement in University life |
Involvement in departmental meetings etc is limited to what is absolutely necessary in order to enable workers to fulfil the duties of their specific time framed activity. Any such activity will need to be paid for at the usual rate. |
