Legal requirements

The ending of any fixed-term contract is a dismissal in law and a fair process should be followed. It is the responsibility of the manager to ensure they follow the required process to end a fixed-term contract.

Types of fixed-term contract

There are two types of fixed-term contract:

• those that are required for a non-redundancy reason such as maternity cover, sickness cover or sabbatical cover i.e. where the post is not at risk of redundancy; and
• those required for a redundancy reason such as to deliver a specific project or are dependent on time-limited funding i.e. where the post is at risk of redundancy

All University fixed-term contracts will state the reason for the fixed-term nature of the contract and identify if the reason for the fixed-term is for a redundancy or non-redundancy reason.

The table below outlines the main reasons the University may use to issue a fixed term contract, and if each reason is also a redundancy reason or non-redundancy reason:

Further details on these fixed-term contract reasons and when it is appropriate to use them can be found under our Fixed-term contract reasons: guidance for managers.

Process for ending a fixed-term contract with a non-redundancy reason

1. The manager and post holder will receive a notification email that the fixed-term contract is due to end. This notification email will be sent two months prior to the date that notice will be issued to the post holder.
2. The manager may meet with the post holder to discuss the fixed-term contract ending.
   
3. If the manager wishes to extend the post holder’s fixed-term contract, they must complete a Staff Request Form (SRF) using our e-recruitment system. The authorisation to extend the contract must be received prior to the issue of notice date or notice will be issued.
4. Unless an SRF is received to extend the contract, the post holder will be issued with a notice letter on or just before the date to issue notice falls due. The notice letter will include the right to appeal.

Process for ending a fixed-term contract with a redundancy reason

1. The manager will receive a notification email that the fixed-term contract is due to end. This notification email will be sent two months prior to the date that notice will be issued to the post holder.
2. The post holder will be sent a reminder email that their fixed-term contract is due to end and asked to contact their manager about an end of contract consultation meeting. This reminder email will be sent two months prior to the date that notice will be issued to the post holder.
3. The manager will write to the post holder inviting them to a consultation meeting, using the FTC redundancy consultation invite template email (attached to the notification email to the manager).
4. If an end of fixed-term contract case potentially involves an employee who has taken maternity, adoption, or shared parental leave in the last 18 months (see Section 9) or where there are several positions all ending the manager should contact their HR Advisor.
5. The manager may request support at the meeting from their HR Advisor, including if the member of staff is going to be accompanied by a trade union representative.
6. The manager and post holder will need to meet prior to the date notice is due and the manager should keep a record of the meeting. The post holder may be accompanied at this meeting by a trade union representative or work colleague.
7. The manager will inform HR (their HR Operations Co-ordinator and HR Advisor) of the outcome of the consultation meeting.
8. If the manager wishes to extend the fixed-term contract, an approved SRF is required. The authorisation to extend the contract must be received prior to the issue of notice date or notice will be issued to meet the University’s legal and contractual obligations.
9. Notice of redundancy will be issued to the post holder by HR, including the right of appeal, and HR will place the post holder on the Redeployment Register if there is not an approved contract extension request.

Redeployment

Details of the redeployment process are set out in Section 5 of the Redundancy Policy and Procedure.

Redundancy payment

Staff employed on a fixed-term contract where the reason for the fixed-term contract is also a redundancy reason may be entitled to a redundancy payment in law depending on their length of service. Details of any redundancy payment due will be confirmed in their notice of redundancy letter.

Successive fixed-term contracts

In law it is not possible to employ employees on successive fixed-term contracts lasting more than four years without objectively justifiable reasons. When an employee has been employed under successive fixed-term contracts lasting more than four years, they will automatically be moved onto a permanent contract. If the post that they are in is dependent on fixed-term funding or is time-limited for other redundancy reasons, the employee will be managed in line with Section 8 below.

Fixed-term contract employees have the right to request a written statement demonstrating that a further fixed-term contract satisfies these requirements. This statement must be provided by their manager within 21 days of the request.

Where an employee moves from a fixed-term contract for a redundancy reason to a fixed-term contract for a non-redundancy reason, they will no longer be entitled to redeployment or a redundancy payment at the end of their new non-redundancy reason fixed-term contract.

Permanent staff whose roles are subject to limited funding

There are some roles that are funded from a specific source, such as a research grant, who are on permanent contracts. In such cases, if the funding is due to end and the post holder is therefore at risk of redundancy the University will follow the University Redundancy Policy and Procedure. In such situations, you should contact your HR Advisor.

Maternity, adoption, and shared parental leave

In a redundancy situation when a post holder has confirmed they will be taking, are currently on, or have returned from maternity leave, adoption leave or more than six continuous weeks of shared parental leave they have an enhanced right to any suitable alternative employment that exists, ahead of any other employee including those also at-risk of redundancy for a period of 18 months from the date of birth/adoption.

Extension to contract

If the contract of employment is to be extended when the employee is under notice, the following arrangements will apply.

If the extension is for less than three months

They will remain on the Redeployment Register until their revised contract end date, and they will not be required to attend a further individual consultation meeting.

If the extension is for more than three months and less than six months

They will be removed from the Redeployment Register and will not be required to attend a further individual consultation meeting. They will become active again on the Redeployment Register once formal notice is given.

If the extension is for more than six months

They will be removed from the Redeployment Register and the full individual consultation process will be initiated at the appropriate time.

If you wish the contract to be extended, appropriate approval will be required by raising an SRF on our e-recruitment system. For externally-funded positions, approval is required from Research & Innovation Services (RIS). For core-funded positions, approval is required from Finance and either the Senior Appointment Team (SAT) or Director of HR and Director of Finance (DoHR and DoF).

Notice of redundancy

HR will issue the employee with notice of redundancy and, if eligible, register employees for redeployment. The University will do all that is reasonably practicable to redeploy staff and find suitable alternative employment.

If an employee has not secured alternative employment within the University by the end of their notice period, their contract will be terminated.

The manager or PI will ensure that appropriate leaving arrangements are made. Any outstanding annual leave should be used prior to the expiry of the fixed-term contract in line with the University's Leaving Process. If this is not possible, any untaken annual leave will be paid with their final salary.

Support for staff under notice

An employee under notice of redundancy is entitled to reasonable time off to look for alternative employment or to arrange training. This needs to be agreed with their manager.

• Advice on interview skills and career management can be found on the University’s Development Toolkit
• Other useful learning resources are available to borrow from the Staff Development Unit
• Research & Innovation Services (RIS) or the Careers Service are available to assist and support researchers
• A confidential counselling service is available for staff, this service can provide support for a wide range of work-related and personal situations