Outside Work and Consultancy Terms and Conditions of Employment

Please note: This policy is currently under review

Outside Work and Consultancy: Academic and Academic Related Staff

The University recognises that outside activities, such as lectures, broadcasts, and consultancy, are usually of benefit to the University and its staff. They enhance the image of the University, help create collaborative links, and provide direct feedback into teaching and research. Clearly, however, the University needs to ensure that outside activities do not compromise the normal activities of the University, and that the University does not become inadvertently responsible for the actions of an individual.

With certain limited exceptions, in the case of full-time appointments, no outside paid work with other parties outside the University, or personal business activities may be undertaken without the prior permission of the appropriate University authority. The following activities will not require prior permission unless there is a conflict with the responsibilities which the person concerned has by virtue of his/her University appointment:

• External examining;
• Work for the Centre for Continuing Education (where the consent of the Head of Department concerned has already been obtained);
• Occasional lectures and broadcasts;
• Authorship of books and other learned publications;
• Consultations, answering queries, making measurements etc in response to ad hoc requests. (If such work is found to lead to significant and continuing activity, say more than 5 days, then the previous permission of the appropriate University authority will be required). In all such cases it is the responsibility of the member of staff to consult with the Head of Department, and inform the outside body that he/she is acting as an individual and not on behalf of the University and that the University accepts no responsibility for opinions or advice given;
• Participation in the University of Wales scheme for the Interchange of Teachers.

  Separate arrangements exist for Job Leave (release from normal Departmental duties to take up paid employment at another institution, and to work with others pursuing similar research interests), and Time Off for Public Duties.

  Outside Work Undertaken as a Purely Private Activity

  With the above limited exceptions, in the case of full-time appointments, no outside work with parties outside the University may be undertaken without the prior permission of Staffing Committee or executive action by the Vice-Chancellor & Principal as appropriate.  When a member of staff is granted such permission, the work undertaken is regarded as being outside the course of his/her employment by the University.

  Unless any other arrangement is deemed appropriate by the University, as for example where the outside work affects the extent to which the individual is able to fulfil the responsibilities arising by virtue of his/her University appointment, the member of staff is entitled to the revenue which arises from the activity and the University will have no interest in any rights arising from the activity.

  The member of staff will not have the right to use University facilities including those of its Departments or Central Services and will have to pay the full economic cost for such facilities as he/she may be permitted to use.  Members of staff should be particularly careful in avoiding the use of University notepaper or any other medium whereby the name of the University might be introduced into such activities without authority.

  Applications for permission to undertake work as a purely private activity must be submitted on the ‘Outside Work and Consultancy’ form, obtainable from Human Resources, and include the following information for consideration by the Staffing Committee or executive action by the Vice-Chancellor & Principal as appropriate:

  • The name of the member(s) of staff concerned;
  • The title of the project and a brief description of the work involved;
  • The proposed start date and duration of the work;
  • The remuneration which will accrue to the member(s) of staff concerned;
  • Full details of University facilities required (for the calculation of the full economic cost);
  • An undertaking that the work will not interfere with the teaching and other normal University duties of the member(s) of staff concerned.

  The completed form should be submitted to the Vice-Chancellor & Principal, with copy sent to the Head of Department and Director of Human Resources.

  The application will be considered by the Staffing Committee with the written comments of the Head of Department.  Applications are considered against the following criteria:

  • That the work to be undertaken is compatible with the research and scholarly objectives of the University;
  • That the full economic costs arising out of the use of any University facilities are fully recoverable;
  • That the work does not conflict with any other outside work currently being undertaken or planned as a University activity arranged through Abertec, or otherwise;
  • That the total commitment of the individual to such outside work is reasonable. As a guide it is considered that outside work in excess of 20 days per academic year would conflict with normal duties;
  • The extent of any other outside work currently being undertaken by the member of staff concerned and/or the results of any outside work previously undertaken.

  In granting approval, the Staffing Committee will remind the members of staff concerned of the considerations set out above and set a reasonable time limit for its approval (normally 1, 2 or 3 years) at the end of which he/she will be required to produce a report for consideration by the Vice-Chancellor & Principal. The contents of this report will be taken into account in the consideration of any application for an extension of the approval which may be submitted.

  Legal Liability on Private Outside Work

  When a member of staff is granted permission to undertake private outside work, the Registrar & Secretary will write to the agency concerned stating that the member of staff is acting in a personal capacity and that the University accepts no liability.  This must be done before an agreement is signed.  The University's Professional Indemnity Insurance does not cover a member of staff undertaking outside work in a private capacity.

  The University will not, in any circumstances, be liable for any negligence arising from a member of staff's performance of the outside work for which permission has been granted.  It is for the member of staff concerned to decide whether to insure personally against any liabilities incurred in the course of or as a result of this work.

  Short Course Teaching

  If members of staff of the University take on outside work in the form of teaching on a short course organised by the University on a self-financing basis, they should apply to Staffing Committee for approval for outside work to ensure uniformity of treatment.

  The application should be submitted to the Vice-Chancellor & Principal, with copy sent to the Head of Department and Director of Human Resources.

  Contract Work Undertaken on terms to be approved by the University

  This includes work for industrial/commercial organisations, Government Departments (MOD, DTI, MAFF, DSS, DOH, DOE, Dept of Energy, DOT, DES, ODA, HSE, Welsh Office etc), EC, and Charities.  It does not include work directly funded by research council grants (PPARC/BBSRC, MRC, AFRC, NERC, EPSRC) which are governed by the established standard conditions of these councils.  However in these grants the terms relating to intellectual property rights should safeguard the University's position, e.g. CASE awards.

  Applications for approval of the terms of contracts negotiated as a University or Abertec activity must be submitted on the standard form CRP, obtainable from the Commercialisation & Consultancy Services (CCS) office or the Finance Office for this purpose.  On this form the Department will provide the following information:- Department, Client, Investigator(s) and project title;

  • Details of manpower input of Supervisor, Research Assistants, Technicians and Secretarial/Administrative Staff (Direct Labour);
  • Other direct costs including consumables, equipment, travel, use of special equipment , etc;
  • The proposed starting date and duration of the work;
  • Details of conditions of transfer of Intellectual Property Rights (IPR).

  The form CRP will be transferred via CCS to the Finance Office who will provide, on the form, the full cost of the project including direct and indirect costs.  The form will be returned by CCS to the department.  This full cost will provide the basis of price negotiation with the client.  Form CRP giving the full cost of the contract, the price agreed, arrangements for IPR and signed by the Head of Department should accompany the final negotiated contract to CCS for endorsement.

  The Finance Office (Research Grants and Contracts Section) will carry out a final check before submitting the form to the Registrar & Secretary for authorisation and signature.  Copies of contracts and the corresponding CRP forms will be retained in Finance Office and CCS files.

  Draft contracts and confidentiality agreements are available from the CCS office and, wherever possible, these should form the basis for negotiation.  Where a draft contract is provided by the client this should not be regarded as final.  CCS will examine such contracts and, where appropriate, conduct negotiations to ensure the final contract is not unfavourable to the University.

  All contracts made on behalf of the University must be signed by the Registrar & Secretary or Director of Finance.  A contract for outside work cannot be accepted without the authorisation of the University signed by the Registrar & Secretary or Director of Finance.

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