Joint employment contracts between the University and a college

In some circumstances, instead of considering a secondment arrangement, a joint employment contract may be considered.

In this scenario the individual’s employment in their substantive post terminates and the individual and takes on a new fixed term employment contract with the University AND college jointly. The University shares a licence with the colleges and therefore the University may hold the primary documentation and share appropriate information with college colleagues.

It is important to be clear that this is not a secondment and the underlying substantive post is not retained. However, the University may agree to attempt to find a suitable redeployment post for the individual at the end of the joint appointment.

Contractual agreement

The CMS contract is ended through the individual’s resignation and a new joint employment contract naming both the college and the University as employers is issued.

Payment

The substantive appointment is ended in Core.  A new fixed-term appointment is set-up and the individual is paid against this new appointment for the duration of the appointment.  Salary is paid against an appropriate University grade and scale point. The costs are re-charged to the college.  Under the terms of a joint employment arrangement VAT is not applicable.

At the end of the joint employment period

The individual is advised of the end of fixed term contract through the normal routes by the University, and their employment ceases.  The University may agree that at the end of the contract they will endeavour to find a suitable redeployment opportunity, but there is no right to return to the original University post.  Redeployment opportunities may be those at the grade of the original University post, or the joint post if this was a higher grade.

Pension

The new contract means that an individual who has previously opted out of the pension scheme will be automatically re-enrolled but may opt-out again.  If a member, they will continue to be eligible to remain in membership of their current scheme.

Responsibilities

The responsibility is shared but the University is the primary employer.

Holiday/sickness/other terms

Continuity of service with the University is retained and eligibility based on length of service is unaffected.

Considerations

  • Continuity of employment is retained
  • Existing pension scheme membership may be retained
  • VAT may not be applicable on the costs incurred by the college       
  • The individual has to resign from their original University contract, which may mean giving up a permanent contract to take on a fixed-term contract
  • At the end of the joint appointment (whether at the expiry of the fixed term, or at an earlier date) the individual cannot automatically return to their previous post with the University