Fixed-Term Contracts Policy
Principles
1.
This Policy ensures the University’s compliance with The Regulations on FixedTerm Employees (Prevention of Less Favourable Treatment), which came into
force in the UK on 1 October 2002.
2.
Due to the nature of our work, there will be a continuing need to employ staff on
fixed-term contracts (for specific projects and those on internal secondments
and acting-up arrangements). This policy specifies the “Justifiable Objective
Reasons” that permit the use of fixed-term contracts. The specific reason will
need to be highlighted by any manager wishing to establish such a contract.
However, fixed-term contracts should not be used simply to test the individual’s
skills in the workplace before deciding whether to offer a permanent contract.
3.
The University recognises the valuable role performed by staff on fixed-term
contracts and it will not allow less favourable treatment of these staff. The
recruitment process for fixed-term staff will be the same as that used for
permanent staff. They will also be provided with the same benefits. This
includes comparable terms and conditions of employment, access to induction,
training, redeployment and redundancy rights.
4.
The University also adheres to the principles and spirit of the Concordat and the
Research Careers Initiative in the employment of Research staff.
5.
The University will allow fixed-term contracts to be extended, and will ensure
that where such requests extend these staff beyond 4 years of continuous
service, that this is recognised and they are converted onto permanent contracts
of employment with the University.
6.
The University will also adopt a pro-active approach to managing the conclusion
of fixed-term contracts, ensuring that staff are fully aware of decisions regarding
their future and given the opportunity to be considered for other roles within the
University. It will also ensure that the costs associated with the termination of
fixed-term contracts are kept to a minimum.
7.
Fixed-term contract staff will continue to be subject to the Redeployment and
Pay Protection Policy and the Compulsory Redundancy Policies
8.
Following the adoption of this Policy, mandatory training will be provided for all
CMC members and this will be cascaded down to all staff with a responsibility
for managing staff on fixed-term contracts.
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Procedure
1.
Introduction
This policy ensures the University’s compliance with The Regulations on FixedTerm Employees (Prevention of Less Favourable Treatment), which came into
force in the UK on 1 October 2002.
2.
Approval for New Fixed-Term Contracts
New fixed-term contracts might be required for a number of reasons, such as
through the creation/expansion of new projects, temporary cover or
resignation/retirements/dismissal of a previous post holder. Generally
permanent opportunities are encouraged as the norm, however if there is a
“transparent, necessary and objective” reason (see section 3) why a fixedterm contract is the preferred option, this must be specified on the request for
the new role.
All requests for new fixed-term contracts should be made to Monitoring
Committee, using the Monitoring Form. Monitoring Committee approval is
required before the recruitment process can commence and any appointment is
made.
3.
Justifiable Objective Reasons
Fixed-term contracts will only be justified if there are objective grounds which
cover one or more of the following, Line Managers will be asked to identify
which of the following apply:






the post requires specialist expertise or recent experience not already
available within the University in the short term;
to cover staff absence as appropriate (e.g. parental, maternity and
adoption leave, long term sickness, sabbatical leave or secondment);
the contract is to provide a secondment or career development opportunity
(and the individual holds a substantive, permanent contract);
input from specialist practioners;
where there is no reasonable foreseeable prospect of short-term funding
(i.e. less than 4 years) being either renewed or other external or internal
funding available or becoming available. Where the short-term funding has
already been renewed, continued use of the fixed-term contract would
need to be justified by objective reasons;
where there are statutory limitations on the period of employment (e.g.
visa/work permit) or contractual stipulations attached to the funding (e.g.
some European funding is only available to support staff on fixed-term
contracts).
If Managers have any other reason, this should be discussed with Human
Resources, before the Monitoring request is submitted.
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4.
Recruitment and Selection
The University’s Appointments Procedure will be followed for all fixed-term
appointments.
All vacancies (except in the case of redeployment, restructure & very short
contracts [6 months or less]) are advertised on the University website.
Fixed-term contracts will now state the reason they are fixed-term together with
details of the specific project and funding arrangements in order to be clearly
identifiable.
If an individual who holds a fixed-term contract is required to move to a different
project during their employment, or work between projects, the Manager must
advise Human Resources who will send the individual a variation to contract
letter.
All staff have the same opportunity to apply for University vacancies.
5.
Training and Career Development
Individuals on fixed-term contracts have the same right of access to training and
University vacancies as permanent staff. Staff should discuss their training and
development needs with their Manager as part of their PDR.
6.
Extensions to Fixed-Term Contracts
The status of all fixed-term contracts will be reviewed by Human Resources with
the Line Manager seven months before an individual’s contract is due to end.
(see section 9 for the procedure to be followed).
If the intention is that the contract is to be extended; Managers are now required
to review the status of the contract and to convert it to a permanent contract
wherever possible, or objectively justify the extension as a fixed-term contract.
Managers should note that:


the University encourages permanent contracts as the norm;
employment legislation dictates that the overall duration of a series of fixed
term contracts should be no more than 4 continuous years.
All requests to extend existing fixed-term contracts should be made to
Monitoring Committee, using the Monitoring Form. Monitoring Committee
approval is required before any extension to contract is made.
7.
Continuous Successive Fixed-Term Contracts (For Contracts of 12 Months
or Longer)
After 4 years of fixed-term contracts (or a contract which lasts 4 years) the
contract thereafter is regarded as permanent (unless there is a justifiable
objective reason for it continuing as a fixed term contract). This Regulation
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applies to all fixed-term contracts issued from 10 July 2002. Prior service is not
recognised.
If an employee believes that they have reached four years continuous service
they can write to their Line Manager in the first instance requesting written
confirmation that the contract is to be regarded as permanent. The Line
Manager should liaise with Human Resources and must produce a statement
confirming the permanent status within 21 days of the request. If the employee
is still fixed-term, the reason for this must be explained in writing to the member
of staff.
An employee may be continuously employed even where there is a gap
between successive contracts that will vary depending on circumstances.
Examples of continuity of service can include the following:




a new contract is agreed before the previous one has expired, the
employee must start the new contract within four weeks of the end date of
the old contract;
a new contract is not agreed to before the first one expires, but the
employee begins within one week of the previous one expiring;
there is no work for the employee during the gap between the two
contracts (e.g. between semesters);
the fixed term employee is on maternity leave or incapable of work due to
sickness.
If a contract is to be extended and the individual chooses not to accept the
extension, the University will consider this a resignation and the individual will
be required to confirm this in writing. In such cases the individual will not be
entitled to any redundancy payments. It may then be necessary to advertise for
a replacement through the normal Recruitment Policy.
8.
Changing a Contract from Fixed-Term to Permanent
Making the change from fixed-term to permanent contracts does not affect the
funding situation, nor does it negatively affect job security
Converting a fixed-term contract could result in increased motivation,
commitment and long term career planning. Additionally, the University benefits
from the retention of skills.
However there needs to be a “reasonably foreseeable prospect” of long-term
funding before a decision is made as this action will not create nor secure
funding. Additionally, Managers will need to ensure that before the conversion
can be made, the individual has been through a competitive selection process
upon appointment and that there are no other fixed-term staff who could lay
claim to the permanent role. It is recommended that Managers review the
situation in their School/Department in conjunction with their Human Resources
Manager and seek to make conversions wherever possible.
Schools/Departments are advised to consider pooling income and bridging
funds in order to minimise the need for fixed-term contracts.
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All requests for conversion from a fixed-term to a permanent contract should be
made on a Monitoring Form, for approval to Monitoring Committee.
Following Monitoring approval, Human Resources will issue a permanent
variation of contract to the member of staff.
9.
Procedure for Terminating a Fixed-Term Contract of 12 Month or Longer
Where one or more funding streams cease, action will need to be taken to
commence the termination of the staff working in a School/Department. If the
work undertaken by an employee is similar to other colleagues in the area, and
if they are not named on a project or contracted to the project, all staff in that
area (permanent and fixed-term staff) will be considered in the pool for
redundancy. If this is the case, Managers must discuss the circumstances with
their Human Resources Manager. In such cases the Compulsory Redundancy
and Redeployment and Pay Protection Policies will be implemented.
Where there is a possibility that a fixed-term contract may be terminated on the
end date (or at least 7 months before the end date of the contract) the following
process must be followed. (Please see the Flow Chart of this procedure in
Appendix 1).
9.1.
7 months before the end of the contract – Human Resources will issue
an e-mail to the Manager, seeking confirmation on whether the contract
is to be:



made permanent
be extended
terminated
“unable to determine at present”
Managers must respond to this e-mail within 5 working days (as any
delays could result in costs to the University).
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9.1.1.
If the fixed-term contract is to be made permanent – see section
8. The Manager should obtain approval from Monitoring before
arranging to meet the individual to inform them of the decision.
Staff can be accompanied by a trade union representative or
colleague to this meeting.
9.1.2.
If the fixed-term contract is to be extended, the Manager will
need to consider, in advance of the meeting, if it can be
converted to permanent status or objectively justify the extension
of the fixed term contract – see section 6. Following approval,
the Manager should arrange to meet the individual to inform
them of the decision. Staff can be accompanied by a trade
union representative or colleague to this meeting.
9.1.3.
If the contract is to be terminated, or “unable to determine at
present”, at least 6 months before the end of the contract the
Manager and their Human Resources Manager, should arrange
to meet the individual, to inform them of the decision. Staff can
be accompanied by a trade union representative or colleague to
this meeting.
At this meeting, the Manager must explain the position i.e. what
likelihood, if any, there is that there will be an extension to the
contract or some timescales indicating when this will be
confirmed. The Manager should also state that this is the start of
the six months consultation period and that there will be a further
review meeting in 3 months time where they will discuss
redeployment and provide redundancy figures, if applicable.
The Human Resources Manager will explain the process of
redeployment, including skills audit and give them a calculation
of any redundancy payment (if applicable) which would be
payable and give them the required period of notice.
After the meeting, Human Resources must write to the individual
outlining the key points and issue an “At Risk” letter to the
member of staff.
Human Resources will advise the trade unions of every case
where a fixed-term contract is unlikely to be/will not be extended.
9.2.
3 months before the end of the contract, the Manager and their
Human Resources Manager should arrange to meet the individual for a
further meeting. Staff can be accompanied by a trade union
representative or colleague to this meeting.
At the meeting, the Manager should update the individual regarding the
situation. If the contract is to be terminated, the Manager should inform
the individual of this decision, advising them that they have the right of
appeal against the decision.
After the meeting, Human Resources should write to the individual
outlining the key points and notifying the member of staff that there will
be a further review 1 month before the end of the contract.
During the 6 months consultation period, if at any time, a decision is
made to extend the contract or convert it to permanent status (assuming
the relevant criteria are satisfied), the Manager should arrange to meet
the individual (who can be accompanied by a trade union representative
or colleague) to inform them of the decision. During this period the
Redeployment Policy will be applied to all staff whose contracts will not
be extended.
9.3.
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1 month before the end of the contract – if the contract is to be
terminated on the end date, the Manager should arrange to meet the
individual, with their Human Resources Manager for a final meeting.
Staff can be accompanied by a trade union representative or colleague to
this meeting.
At the meeting, the Manager must update the individual on the situation:
confirming that the contract will not be extended, that they have not
secured an alternative post through redeployment and therefore their
employment with the University will cease at the end of the contract. The
Human Resources representative should discuss leaving procedures
(including confirmation of the redundancy payment, other payments due
and issue of P45) and details of the appeals process if the individual
wishes to contest the decision.
After the meeting, Human Resources should write to the individual
outlining the key points of the meeting and the procedure for appeal.
9.4.
Appeals – If the employee wishes to appeal, this should be in writing and
forwarded to the University Secretary’s Department marked for the
attention of the Legal Services Manager. The appeal meeting should
ideally take place before the contract ends. If the appeal process is
upheld, the individual’s employment will have no break in service.
In the event that it is not possible to hold the appeal hearing before the
contract ends and the appeal is upheld, the individual’s employment will
be reinstated from the date of the termination of the contract.
Each stage of the proceedings should be undertaken without reasonable
delay. The timing and location of the meetings must be reasonable
(meetings should take place in a private office/meeting room). The
employee must take all reasonable steps to attend the meetings and the
meetings must be conducted in a manner that enables both sides to
explain their case.
10. Redeployment
The Redeployment and Pay Protection Policy will be applicable to all staff.
11. Redundancy Payments
All staff who have 2 years continuous service are entitled to a statutory
redundancy payment. Further details of the calculation of payments can be
found in the Compulsory Redundancy Procedure.
12. Employees on Contracts Expected to last less than 12 Months
Managers of staff on contracts expected to last less than 12 months, should
hold a meeting with each member of staff at least 1 month before the end of the
contract to inform them that the contract will be extended/terminated. The
format of this meeting will be the same as that adopted for other fixed-term
contract staff 1 month before the end of their contracts. Those whose contracts
are terminating will have the opportunity to apply for other roles at the
University.
Those staff who have continuous service of over 12 months at the University
should be covered by the process shown in section 9. Managers should contact
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Human Resources to check whether their employee has any continuous service
with the University prior to commencing in their current post.
13. Employees on Tasks Expected to last Three Months or Less (i.e. Casual
Contracts)
Managers are not required to give these staff any further formal notice from that
in their appointment letter that the contract is ending on the stated end date. In
the unlikely event that their contract is to be terminated prior to the stated end
date, if the individual has at least one month of service, they should be given at
least one week’s notice that the contract is to be terminated.
14. Staff Employed on Professional Training Contracts
The following staff are exempted from the procedure as their purpose is to
provide staff and/or students with specific development. The post may continue
after the end date, however the individuals will have achieved their
development/qualification and therefore are unable to remain in post. The
outgoing postholder is replaced by a new postholder, so there is no redundancy
situation. However it is advisable that Managers meet with the individuals at
least 1 month before the end date to talk through the ending the contract, thank
them for their contribution and wish them well for the future.
Staff in this category are:



Knowledge Transfer Associates
Researcher Consultants
Student Workers/Explainers
Student Placements
15. Review of the Policy
This policy will be regularly reviewed to identify any changes that need to be
made following full operation of the policy.
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Appendix 1
Flow Chart of Process to be Followed
HR Administrator
Manager
HR Rep
Member of Staff
Union Rep
7 months before
contract end
date
HR Administrator produces
a report of all staff whose
contract is due to expire in
7 months time
Standard e-mail is directed
to the line manager for a
decision re extension or
term of contract
Contract
Extended/made
Permanent?
No
Yes
Relevant adjustment is
made and contract issued
HR notified
End of Process
The contract is ending
or the manager has not
made a decision yet?
HR Administrator is informed
HR Rep is informed
6 months before
end date
Line Manager writes to
individual to request a
meeting
Meeting takes place
with the individual, HR
Rep & Union Rep to
explain position
3 months before
end date
Line Manager writes to
individual to request a
meeting
Cont’d sheet 2
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Attends
Meeting
Attends
meeting
Attends
meeting
HR Administrator
Manager
Meeting takes place
with the individual, HR
Rep & Union Rep to
update the position &
give a decision
HR Rep
HR rep attends the
meeting and explains
the redeployment
process & skills audit,
gives redundancy
calculations
Member of Staff
Union Rep
Meeting attended
and advice given
Attends
meeting
Manager gives notice
to the individual &
explains the appeals
process
Between 3
months and 1
month before
end date
Line Manager keeps
the individual updated
HR Seek
redeployment &
liaise accordingly
with individual
Receives advice &
updates where
applicable
1 month before
end date
Line Manager writes to
individual to request a
meeting
Meeting takes place with the
individual, HR Rep & Union
Rep to explain position. If
there is no opportunity to
extend or no suitable
redeployment, contract will
end. Final payments are
processed and P45 issued.
Final payments are
processed and
employment terminated.
End of Process
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Line Manager
confirms final decision.
Attends
meeting
Attends meeting &
notified of decision.
Attends
meeting
Line Manager
Member of Staff
USO
3 months before
end date
Line Manager explains
appeals process.
Does member
of staff appeal?
Yes
No
End of Process
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Appeals in writing
to the Board of
Governors
(through USO)
USO arranges
appeals meeting
Document Control : Fixed Term Contracts Policy
Due for review by:
Approved by:
EPC on 8 March 2007
Author:
Human Resources Manager (AB)/Director of Human Resources
Department:
Human Resources Department
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