C08025 Coverage of the record
Staff Collection 2008/09
Coverage
Version 1.0 Produced 2009-02-20
Inclusion of an individual in the record will depend on the existence of one or more contracts of employment between the institution and an individual and/or the liability of the institution to pay Class 1 National Insurance contributions for that individual. (See the Inland Revenue website for further guidance.) All staff for whom the institution is liable to pay Class 1 National Insurance contributions and/or who have a contract of employment with the institutions must be included in the record.
However, the range of data required about an individual and the contract(s) that they hold will depend on the nature of those contracts and also the classification of the activity for which the contract exists.
Atypical staff (staff with atypical contracts only)
For those individuals with contracts of employment and/or for whom the institution is liable to pay Class 1 National Insurance contributions but whose relationship for all contracts held with the institution during the reporting period would be defined as 'atypical' there is a requirement to return only a minimum data set.
The Higher Education Regulation Review Group (HERRG) queried the data required for atypical staff asking HEFCE to re-examine the rationale for including this group, as the burden created for institutions is perceived to be high. In responding to the query HEFCE sought legal advice on the full extent and exact nature of their responsibilities. HEFCE's solicitors have confirmed that their initial interpretation of their statutory duties under the Race Relations (Amendment) Act 2000 (RR(A)A) was correct. Under the (RR(A)A) HEFCE has a duty to:
- Monitor, by reference to the racial groups to which they belong, the numbers of teaching staff from each such group at all educational establishments in respect of which it exercises its functions and
- Take such steps as are reasonably practicable to publish annually the results of its monitoring under this article.
The Order refers to "teaching staff" only, which in the higher education sector is only a sub-group of academic, and indeed all types of staff. Both the Commission for Racial Equality (CRE) and the Equality Challenge Unit (ECU) advised that "teaching staff" should be interpreted to mean all staff in the higher education sector (academic and non-academic) and that there should be no minimum threshold. This view is supported by the independent legal advice that HEFCE has now received. Statutory customers have confirmed that the legal advice given to HEFCE is applicable in Scotland, Wales and Northern Ireland.
However there is a requirement to return only a minimum data set for atypical staff. Where within the HESA reporting period such staff have multiple atypical contracts with the same characteristics, i.e. Activity code and Cost centre, only one contract record need be returned, identified as 08126 in RECID, and recording the total FTE worked.
The definition of 'atypical' was set out by the DTI:
| ‘The term ‘atypical' is used to describe working arrangements that are not permanent, involve complex employment relationships and/or involve work away from the supervision of the normal work provider. These may be characterised by a high degree of flexibility for both the work provider and the working person, and may involve a triangular relationship that includes an agent. They can be contrasted with the model of a permanent, full-time employment contract between two parties, where one works standard hours under the control of the other and termination can only take place if there is grave fault or by giving notice. Atypical arrangements may involve an absence of mutual obligation between the work provider and working person beyond or within a given period of work or assignment and may also involve complex relationships between the working person, an agent paying and/or supplying the working person and the principal, under whose supervision the working person may work. It is important to recognise, however, that atypical workers may often be employees.' |
In addition to this definition from the DTI, some HE specific guidance has been devised. Atypical contracts meet one or more of the following conditions:
- Are for less than four consecutive weeks - meaning that no statement of terms and conditions needs to be issued.
- Are for one-off/short-term tasks - for example answering phones during clearing, staging an exhibition, organising a conference. There is no mutual obligation between the work provider and working person beyond the given period of work or project. In some cases individuals will be paid a fixed fee for the piece of work unrelated to hours/time spent.
- Involve work away from the supervision of the normal work provider - but not as part of teaching company schemes or for teaching and research supervision associated with the provision of distance learning education.
- Involve a high degree of flexibility often in a contract to work ‘as-and-when' required - for example conference catering, student ambassadors, student demonstrators.
All other staff
For those individuals whose relationship with the institution, for one or more of the contracts held during the reporting period, cannot be defined as ‘atypical' there is a requirement to return a wider range of data. For many staff, those who have contracts to undertake activities classified in SOC groups 4-9, this additional requirement relates mainly to grade and salary information and start and end dates of employment and contracts.
Where individuals have contracts to undertake activities classified in SOC groups 1- 3 is there a requirement for an additional range of data - for example about qualifications and previous employment/destination on leaving information. There is also a requirement for institutions to track the use of staff identifiers when staff move between institutions.
This is illustrated in the diagram below.
