Can employer require you to complete work after notice period?

splooj

I teach at a University for a few hours a week, alongside studying for a PhD. My contracts are a bit strange: the teaching work is paid as an employment contract, but I also receive a separate tax-free stipend for my PhD, but this stipend is predicated on me doing the teaching work.

I am paid a regular monthly amount all year round, but only teach during university term time (Sep -Dec; Jan -Apr). I teach 3 hours per week, as a seminar leader on a course led and organised by a full time lecturer. I am also expected to mark the assignments the students in my seminar groups do (I don't set these assignments, or control when they are due), as well as to provide email and face to face support to the students outside of seminars.

I intend to leave my PhD soon, and will therefore be terminating my contract. I am supposed to give a months notice. The start date at my new contract is likely to be mid December, so I will give my months notice in a week or so . This conveniently will be the end of the semester, so I will have no more face to face teaching at this point anyway.

However the course I teach on has an assignment due in late January. I have been told that as I have taught the face to face element of the course, I am now committed to mark the assignment, and I would have to do so in my spare time around my new job. This would represent about 25 hours of work, but there would be no additional pay for this as apparently it is work associated with the teaching I have already been paid for.

I thought this seemed ridiculous, and went to my union rep, but they assure me it is standard practice. I am still a bit skeptical, and wanted to get others views.

I am not paid hourly, or directly for the completion of any specific task, so I don't believe they can ask me to do anything after my notice period. Am I right here?

[The terms of my contract says only this on the issue of the specific expectations of me:
As a Graduate Teaching Assistant you will be expected to provide teaching for a maximum of 288 contact hours over a three year period (or 96 hours per annum). Your hours will normally be equivalent to four contact hours of teaching per week across the two twelve-week academic teaching terms (24 weeks) along with additional duties including preparation, marking, examination and the presentation of an end of year report. ]

Savvy_Sue

I can't help feeling that if your union rep says this is standard practice, then it's likely to be standard practice.

You're describing a very particular situation but it seems to be me to be covered by the 'additional duties' part of your contract, for which you will already have been paid.

Others may disagree with me, but I'd still tend to believe the union rep ... who has presumably seen precisely this happen before!

Mrs_Soup

I am a university administrator and we would normally expect someone who has been paid for something specific (ie of the contract says includes marking of xyz) to do it even if it is slightly after the end of their contract. eg one of my sessionals has a permanent job elsewhere but still did the dissertation marking she had been contracted to do for us. It probably depends what is in your contract - if the rate you are paid for teaching includes marking then you would have to do it.

splooj

Thanks both for replies:

@Savvy_Sue: Thanks and you're right. I probably should have clarified that the union rep has a slight potential conflict of interest in that they are also the person who organises the sessional teaching, and so who might have to find a replacement for the marking if I didn't do it. I have a lot of respect for this person, and I'm sure they wouldn't be deliberately fobbing me off, but given that it's a relatively unusual situation, and they're very busy anyway, I thought a second opinion was worthwhile.

@MrsSoup: Thanks. The issue is I'm not paid a rate for specific activities like sessionals in my department are: e.g. "we pay you x for 1 hour of teaching which includes prep, marking, etc." I'm just paid a monthly "salary" which includes anything they ask me to do, within reason. It's recommended that this include 4 hours of teaching, but that's not set in stone in the contract.

But fair enough, the general vibe I'm getting is that I'm being a bit one-eyed in my outrage about this, which I guess kind of answers my question

Exodi

I would do it anyway, regardless of who's right - 25 hours of marking lasts for exactly 25 hours, a bad reference lasts for years.

HampshireH

In this situation I feel for the students.

If under different circumstances the person was unhappy to carry out this task the students could be at a significant disadvantage of someone with no time on their hands (or not wanting to do it) marking their work.

OP do you not have another union rep you could speak too or a student teacher assistance number available for more confidential queries?

Mrs_Soup

Are you staying in academia- I am guessing perhaps not if you are also giving up your PhD? If you are though it's a small world and word will get around if you are perceived as awkward. If you are moving to a completely different field and doing a "normal" job then maybe it is less of an issue if you refuse to do it (I am not convinced that your contract is that clear-cut but HR is not my area.)



If you will be working full time elsewhere perhaps see if the marking can be spread out a bit more so you are not doing more than 5-10 hours per week. This is not unreasonable providing the students are kept informed and expectations managed. Also if its not available to mark online I would expect the university to make all the efforts to get the work to you and back from you rather than you going out of your way.

martinthebandit

Personally I would be telling them (politely) that if they want me to do work then they must ensure that the work is available to do before my contract ends.

I would put it to them that my contract end date means exactly that.

sangie595

martinthebandit wrote: »

Personally I would be telling them (politely) that if they want me to do work then they must ensure that the work is available to do before my contract ends.

I would put it to them that my contract end date means exactly that.

And then, personally, you'd probably never work in this field again. If that doesn't bother you, fine. But you aren't the OP. Academia is cut throat. Doing this would quite possibly damage your chances for ever. And it's hardly practical since students can't submit assignments based on notice periods for tutors.