End of Contract

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An End of Contract occurs when an employer makes the decision not to renew an employees’ fixed term contract.  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. You should submit a Leaver instruction for an End of Contract on the HR School Support Online system.  The system guides you through the process of submitting a Leaver ensuring that all the relevant information is gathered. 

Before making the submission you should give consideration to the following;

Notice Pay

The following notice periods apply where your organisation has chosen to adopt Local Conditions of Service.

Support Staff

The minimum periods of notice to be given are: 

Pay Frequency Continuous Service Period of Notice
Four-Weekly Paid Under 5 years 4 weeks
5 years or more but less than 12 years 1 week for each year of continuous employment
12 years or more 12 weeks
Weekly Paid Under 2 years 1 week
2 years or more but less than 12 years 1 week for each year of continuous employment
12 years or more 12 weeks

Teachers

The Burgundy Book provides that classroom teachers and members of the leadership team are entitled to contractual notice as outlined in the table below :

Term Dates Teachers (inc DHT, AHT) Headteachers
Resignation date Leaving date Resignation date Leaving date
Autumn – 1st September – 31 December (inc) 31st October 31st December 30th September 31st December
Spring  - 1st January – 30th April (inc) 28th(29th ) February 30th April *** 31st January 30th April ***
Summer – 1st May – 31st August (inc) 31st May 31st August 30th April *** 31st August

Although there are three specific resignation / dismissal dates (as quoted above), it is possible to dismiss a teacher at any time during an academic year. However, it is important to note that, if the official resignation/ dismissal date is missed, then the school is contractually bound to pay the teacher to the NEXT resignation/dismissal date,  e.g. a teacher who is dismissed (for any reason – except Gross Misconduct) after 31st May (30th April for a Headteacher) must  receive pay until 31stDecember. 

Pay in Lieu of Notice (PILON)

There are occasions when having the employee work their notice period is not an option in which case you may need to consider making a PILON payment. Advice should be sought from you HR Business Partner to ensure the payment is lawful.

Redundancy Pay

The dismissal of a person with over 2 year’s continuous service may result in a redundancy payment being made.

Section 162 of the Employment Rights Act 1996 sets out how a redundancy payment is calculated:

This would start with determining the period, ending with the relevant date, during which the employee has been continuously employed.

From this the number of complete year’s employment would be calculated. The appropriate amounts would then be calculated based on the following:

Redundancy payments and pension benefits will be paid in accordance with the School’s Discretionary Compensation Policy and the Local Government Scheme Regulations and Teacher Pension Schemes in existence at the date of the employee’s employment.