Fixed Term Contracts (Ordinance 26)

  1. Preliminary Issues
  2. Equal treatment
  3. Use of fixed term contracts
  4. Open competition
  5. Renewal of fixed term contracts after four years continuous service
  6. Procedure at the termination of a fixed term contract
  7. Reasoned decision
  8. Right of review

1 Preliminary issues

Definitions

In this Ordinance, "fixed-term contract" is defined in accordance with the Fixed-Term Employees (Prevention of Less Favorable Treatment) Regulations 2002; that is, as a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate:

  1. on the expiry of a specific term, or
  2. on the completion of a particular task, or
  3. on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him or her.

A "permanent contract" is a contract which is open-ended and is not for a fixed-term, but any such contract may be lawfully terminated in various circumstances, including resignation, retirement, ill-health, gross misconduct and redundancy.

Exceptional circumstances

Where a member of staff disagrees that circumstances are exceptional as set out in this ordinance, he or she has a right of review as set out in section 8, below. In addition there will be six-monthly meetings between the University and the trade unions[1] to discuss circumstances that have been determined by the University to be exceptional, and in the event of disagreement as to what amounts to exceptional circumstances, the principles to apply in future cases will be determined by the Personnel and Staff Development Committee of Council. The trade unions will have the right to make written representations.

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2 Equal treatment

The Fixed-Term Employees (Prevention of less Favourable Treatment) Regulations 2002 require that staff employed on a fixed-term basis enjoy the same terms and conditions as permanent staff. Members of staff on fixed-term contracts shall:

  1. receive a statement of their terms and conditions of employment;
  2. be treated as favourably as those on permanent contracts, for example, in relation to pay, staff benefits, training, promotion, career development and information about job vacancies
  3. be able to discuss with their line manager whether permanent employment is justified under this ordinance;
  4. be able to discuss with their line manager what their career options might be;
  5. within 21 days of a request, receive a written statement explaining any differences in their employment arrangements from those of comparable permanent employees, taking into account the overall employment package; and
  6. within 21 days of a request, in the circumstances where a member of staff has four years’ continuous service as set out in this ordinance, receive a written statement explaining whether the contract is permanent, or the objective reasons for continuing the fixed -employment.

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3 Use of fixed term contracts

Subject to the further qualifications set out below in section 5, fixed-term contracts will only be used in the University for transparent, necessary and objective reasons, as follows:

  1. The post is a clearly defined training or career development position;
  2. The post is a first research position and the fixed-term is for four years or fewer; this does not apply to an applicant for a researcher position who already has three years’ appropriate and relevant experience at another higher education institution;
  3. The post is a secondment;
  4. The post requires specialist skills for a limited period or is to accomplish a particular task or project for a limited period[2]
  5. The appointment is to provide cover for a member of the University’s staff who is absent for a limited period (for example on maternity leave, sickness absence, career break, secondment or sabbatical leave)
  6. Other exceptional circumstances

In addition, no fixed-term contract will be awarded for a period longer than four years, other than in exceptional circumstances, and there will be no more than three successive renewals or extensions for periods of one year or less of a fixed-term contract of one year or less, other than in exceptional circumstances.

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4 Open competition

Where a post has been created as a fixed-term post, but the University decides that it will become permanent, the fixed-term post-holder will be awarded the permanent contract unless the fixed-term post is (1) to be replaced by a permanent post with responsibilities that are substantially different to those currently being undertaken by the fixed-term post-holder and (2) after discussion with the individual and/or their representative, the University considers that it is appropriate to open the post to competition.[3]

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5 Renewal of fixed term contracts after four years continuous service

In the light of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, unless there are objectively justifiable grounds to do otherwise, if all the following apply:

  1. a member of staff is on a fixed-term contract at the University; and
  2. the fixed-term contract has previously been renewed by the University, or the member of staff has previously been employed on a fixed-term contract at the University before the start of the present contract; and
  3. the member of staff has been continuously employed at the University under the current contract, or under that contract taken with a previous fixed-term contract, for a period of four years or more,
then with effect from the later of the following two dates: namely (1) the date when the current contract was entered into or last renewed and (2) the date when the member of staff acquired four years continuous service, the member of staff shall be deemed to hold a permanent contract[4].

There are some objectively justified grounds for not awarding a permanent contract in those circumstances, as follows:

  1. The post is part of a training programme that has been extended for a limited period;
  2. The post is wholly or mainly concerned with a specific business or academic activity which the University has decided will cease within one year; and
  3. Other exceptional circumstances which objectively justify use of a further fixed-term contract.

When considering the case for permanency, full account will be taken of the individual’s employment history with the University.  

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6 Procedure at the termination of a fixed term contract

Wherever a fixed-term contract is due to terminate, the procedure shall be as follows:

  1. Four months before the expiry of a fixed-term contract, the possible options for continued employment shall be discussed between the member of staff and his or her line manager, including renewal of the fixed-term contract in line with the categories listed in sections 3 and 5 above, award of a permanent contract and expiry of the fixed-term contract with no renewal. When considering the case for permanency, full account will be taken of the individual’s employment history with the University.
  2. Three months before the expiry of the fixed-term contract, Personnel Services shall send the member of staff written confirmation, subject to the consultation process, of any likely change in contractual terms or of the expiry of their employment contract, with information about entitlements such as redundancy pay.
  3. Where the decision is that a contract should expire and not be renewed, Personnel Services shall at once initiate consultation with the member of staff on possible options for redeployment within the University.
  4. Personnel Services shall give the member of staff information about other positions in the University.
  5. Personnel Services shall initiate consultation with the recognised trade union in accordance with statutory requirements.
  6. Further consultation shall take place with the recognised trade union and member of staff as required.

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7 Reasoned decision

If a fixed-term contract is not renewed or extended, or a permanent contract is not offered at the end of a fixed-term contract, at the earliest possible date and at the latest within fourteen days of the expiry of the contract, the University shall give the member of staff reasons for the decision in writing. The member of staff has the right to request a review of any such decision, as set out in section 8, below.

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8 Right of review

Within twenty working days of receipt of notification of a decision concerning a fixed-term contract, the member of staff may request Council to review the decision. The request must be made to the University Secretary in writing, setting out clearly the grounds on which the request is made. Council shall appoint a committee of three to conduct the review, including a lay member of Council and, in the case of a member of staff to whom Statute 32 applies, a member of the academic staff appointed by Senate. The member of staff may address the committee in person and be represented by an adviser, friend or trade union or other representative. The University may be represented by a member of staff or lawyer. If the committee considers that the University’s decision was unreasonable, or insupportable in the light of legal considerations or the University’s statutes and ordinances, it may require the University to renew or extend a fixed-term contract or to offer the member of staff a permanent contract. The Committee’s decision shall be final. The committee shall give reasons for its decision, which shall be sent to the member of staff and reported to Council.

[1] Subject to agreement with the unions.

[2] Although it could be argued that many academic and research posts require "specialist skills" this provision is intended to relate to other specialist skills which are required for a limited period. Use of this provision will be subject to six monthly review between the relevant Unions and the University to ensure that it is not used beyond its intended application.

[3] Use of this provision will be subject to a six monthly review between the relevant Unions and the University.

[4] Subject to transitional provisions agreed with the relevant Unions.

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Approved by Council 2 July 2010