End of Contract
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;
The following notice periods apply where your organisation has chosen to adopt Local Conditions of Service.
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|
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.
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:
- One and a half weeks’ pay for each year of employment in which the employee was aged 41 or over;
- One weeks’ pay for each year of employment in which the employee was aged between 22 and 40; and
- half a week’s pay for each year of employment up to the age of 21.
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.