Fixed-Term Contracts and Externally Funded Posts
The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations came into force in October 2002. These regulations determine how the University manages fixed-term contracts. The purpose of the legislation was to:
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limit the use of successive fixed-term contracts (this aspect of the legislation came into full effect in July 2006) and,
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prevent fixed-term employees being treated less favourably than similar permanent employees.
To ensure the University meets its statutory obligations in relation to the management of fixed-term contracts, there is a non-contractual policy and procedure. The ending of a fixed-term contract by an employer constitutes a dismissal in law.
However, it is important to note that the ending of a fixed-term contract could be governed by one of two possible policy areas, depending upon the specific circumstances. They are:
- Redundancy
- Some other Substantial Reason (SOSR)
If, for example, a fixed-term contract terminates due to a cessation of the need for work somebody was originally employed to do, then this would constitute dismissal by reason of redundancy, for which the University’s Ordinance Policy and Procedure would apply.
Alternatively, if a fixed-term contract is ceasing because the post was to cover maternity, adoption or parental leave, for example, and the expiry of the fixed-term contract without renewal on the same terms is to enable the original incumbent to return to work, then this would constitute dismissal for some other substantial reason (SOSR), which is operated by a separate University Ordinance Policy and Procedure.
Please contact HR for advice if you are in any doubt about which procedure applies, and what your responsibilities are as a line manager.
Fixed-Term Contracts and Externally Funded Posts Policy (PDF, 87KB) Fixed-Term Contracts and Externally Funded Posts Procedure (PDF, 215KB) Redundancy Ordinance Policy (PDF, 116KB) Redundancy Ordinance Procedure (PDF, 250KB) Dismissal for Some Other Substantial Reason Ordinance Policy (PDF, 105KB) Dismissal for Some Other Substantial Reason Ordinance Procedure (PDF, 145KB)
