Fixed Term Contracts

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A Fixed Term contract is defined as:

  1. Contracts that last for a specified period of time, or
  2. Contracts that will end when a specified task has been completed, or
  3. Contracts that will end when a specified event does or does not happen.

It is extremely important that these contracts are managed effectively by reviewing and monitoring them on a regular basis. This will ensure that staff are treated reasonably and that the school meets its legal obligations under the Employment Act 2008 and the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

Attachments

Fixed Term Contract Policy

Reviewing the Contract

Decisions on fixed term contracts need to be made in sufficient time to allow for full consultation and to allow notice to be given to the employee.  It is advisable that this process starts at least two months prior to the resignation dates/date the contract is due to end. The possible outcomes of this consultation are;

  • Renewal on the same terms for a new fixed period.
  • Renewal on revised terms.
  • Non-renewal.

In order to support with this process, HR School Support will send a list fixed term contracts to your school on a monthly basis. The list will include all fixed term contracts which are due to be reviewed over the forthcoming three month period.

Outcome of Consultation on Fixed Term Contracts

Once the fixed term contract consultation has concluded the schools decision needs to be communicated to your Senior HR School Support Officer via the School Support Online system.

Where the contract is to be renewed or made permanent the school should submit a contract amendment form and if the contract is to be ended then a leaver form should be submitted via the School Support Online system 

Please note: if no notification is received from school, the service operates a policy of placing the employee on no pay. This is a measure to avoid any overpayment of salary or deleting an employee from the Payroll System incorrectly. As such it is essential that you notify your Senior HR School Support Officer as soon as possible after the school has made its decision.

It should also be noted that non-renewal of a fixed term contract without the offer of a suitable alternative employment will amount to a dismissal by reason of redundancy. The dismissal of a person with over 2 year’s continuous service may result in a redundancy payment being made.