Policy and Guidelines on the Equitable treatment of fixed term staff
Contents
Appendices
1. Statement of Policy
1.1 The purpose of this policy is to make explicit City University’s commitment to the fair and equitable treatment of staff employed on fixed-term conditions. City values the contribution made by all staff at the University and attributes its success to the range of skills and expertise of its diverse workforce. Fixed term staff play an important role in securing that success in all areas of the University’s work, not least in our research and teaching activity, and it is essential to ensure that their terms and conditions of employment are fair and that their opportunities for career and staff development and promotion and reward, are in no way hindered by their fixed term status.
1.2 This policy has been designed as part of the University’s recruitment and retention strategy which aims to attract and retain high calibre staff across the University. A positive approach to the employment of staff on fixed term contracts will enable the University to attract and retain staff with the necessary skills and attributes to fulfil its strategic aims and operational requirements. This commitment is underpinned by recent legislation in the form of The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which came into force on 1st October 2002 and hereafter will be referred to as the ‘Regulations’.
1.3 The aim of this policy is to provide managers with a flexible framework which promotes good employment practice, embodies the main tenets of employment legislation, adopts a pro active approach to equality and diversity issues while supporting fully the University’s core business.
1.4 Guidelines, which form the basis for the implementation of this policy are also provided in Part Two of this document. They have been designed to maximise flexibility to meet the needs of all areas and fulfil the University’s legal obligations, thus any significant variations should be discussed with your HR Business Partner to minimise risk to the University.
1.5 Professional advice and support is available at all stages from your designated HR Business Partner. Refer to the list of contacts for your area. Managers are encouraged to discuss issues with HR at the earliest opportunity.
2. Scope
2.1 This policy applies to all staff employed by the University on contracts of employment which specify an end date e.g. visiting lecturers, contract researchers, casual and temporary staff.
2.2 It is the responsibility of all staff involved in the management of fixed term employees to be aware of and adhere to the contents of this policy supported by appropriate staff development offered by the University. In addition, any external consultants, recruitment agencies or external experts who assist in the recruitment process for fixed term staff must act in accordance with this policy. The appointing manager is responsible for providing such external parties with this policy prior to their involvement in the recruitment process and for explaining how it should be applied.
3. Principles
3.1 Terms and conditions
3.1.1 In accordance with employment legislation and good practice, the University aims to treat all fixed term employees fairly in comparison to permanent employees doing the same or broadly similar work; including:
• pay and pensions
• opportunities to receive training
• opportunities to secure permanent employment
• any other term and condition and benefit relating to employment
3.1.2 From 10 July 2002, in keeping with the relevant legislation, the use of single or successive fixed term contracts, will be limited to a maximum of four years. Thereafter, an appointment is deemed to be permanent unless the continuation of employment on a fixed-term basis can be objectively justified (refer to section 2.1 of the guidelines). An employee begins to accrue continuous service for the purposes of securing permanent employment with effect from 10 July 2002; any service prior to this date will be discounted for these purposes.
3.1.3 Fixed-term employees will be informed about vacancies in the organisation through the University’s web based vacancy list. If staff have limited/no access to the University’s website, managers should ensure that the vacancy list is made easily and regularly available to these members of staff.
3.1.4 Employees engaged on fixed-term contracts, who feel that they have been subject to less favourable treatment may request written reasons from their employer for such treatment. Following advice from their HR Business Partner, the Senior Area Manager or Senior Service Manager will respond with these written reasons within 21 days. Similarly, employees on fixed-term contracts may request confirmation of permanent status after four years continuous service with effect from 10 July 2002.
3.1.5 Employees engaged on fixed-term contracts will not be subjected to any detriment or will not be dismissed for bringing any proceedings against the University under the Regulations.
3.2 Objective justification
3.2.1 The legislation makes provision for different terms and conditions to be applied to fixed term staff so long as these can be objectively justified.
3.2.2 Normally, all contracts of employment will be permanent unless a ‘fixed term’ can be objectively justified (refer to section 2.1 of the Guidelines) for a good business reason. When creating a fixed term appointment, or extending a fixed term contract, consideration should always be given to making the appointment permanent.
3.2.3 Under the Regulations, good business reasons may objectively justify any different treatment with regard to contractual terms and conditions of service for fixed term staff providing the overall terms of the contract are at least as favourable as those offered to permanent employees (refer to section 2.1 of the Guidelines).
3.3 Non-Renewal of a fixed-term contract
3.3.1 In accordance with the law, City University will no longer use the redundancy waiver clause in fixed-term contacts. The ending of a fixed term contract is regarded as a redundancy in law and, as such, fixed term staff will qualify for a redundancy payment once they have had two years service with the University. Prior to the expiry of a fixed term contract, line managers will fulfil their responsibilities to consult with, and seek suitable alternative employment for staff on fixed-term contracts whose appointments are due to end.
3.3.2 Non – renewal of fixed-term contracts for reasons of pregnancy or other related reasons connected with pregnancy is unlawful.
3.3.3 Non – renewal of fixed term contracts for reasons of poor/unacceptable performance may amount to unfair dismissal. Managers should deal with poor/unacceptable performance as they would normally with other staff on permanent contracts, including the effective use of probationary, capability or disciplinary procedures.
3.3.4 If a member of staff does not wish to have his or her contract extended, he or she should submit a resignation letter.
4. Definitions of Relevant Terminology
a. Fixed Term Contract
All contracts of employment specifying an end date or that will terminate on the completion of a specific act or project. Examples include visiting lecturers, contract researchers, casual and temporary staff.
b. Permanent, indefinite, substantive, continuing contracts
All employment contracts which do not have an end date specified.
c. Area
For the purpose of this policy the term area means the relevant Institute, School, Central Management Portfolio, Academic or Service Department.
d. Transparent/Transparency
Processes that are clearly defined, easy to understand and which are open to scrutiny.
e. Equitable
Must be fair and open to all without bias, whether systematic or unintentional, on the grounds of gender, marital status, pregnancy, race, disability, sexual orientation, gender reassignment, religious or cultural beliefs, age, irrelevant criminal record, part-time or fixed term employment status or trade union activity.
f. Conflict of interest
A conflict of interest may occur when a person involved in making a decision regarding the appointment to, ending of, renewal or extension of an appointment, has a non-professional interest in the outcome, e.g. a close personal or familial relationship with the fixed term member of staff.
g. Senior Area Manager
Deputy Vice Chancellor, Pro-Vice Chancellors, Directors of Institutes, Deans of Schools, University Secretary, Director of Finance and Business.
h. Senior Service Manager
Director of Academic Development, Director for Information, Director of Property and Facilities, Director of Human Resources, Director of Student Services.
5. Responsibilities
5.1 Every manager of the University is responsible for adhering to the University’s Policy on the Equitable Treatment of Fixed Term Staff and will be expected to apply its principles in day-to-day work and activities. So as to assist individuals comply with the Policy the following bodies and individuals have the following functions:
a. University Council, as the governing body, has ultimate responsibility for ensuring the University implements all employment legislation and that in accordance with this, implements, monitors and evaluates the University’s Policy on the Equitable Treatment of Fixed Term Staff to reflect the requirements of The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
b. The Vice-Chancellor is responsible for working with the Council and Senior Officers of the University to ensure that the University’s Policy and related guidelines on good practice are implemented effectively and that appropriate action is taken against employees who do not act in accordance with the policy.
c. Senior Area Managers and Senior Service Managers are responsible for fostering a culture in which equality and diversity forms an integral part of every day work and for ensuring that it is reflected in all activities.
d. The University Secretary is responsible for overseeing the effective implementation of the following:
6.1 The University recognises that it needs to provide appropriate support to enable its Council members, staff and students to act in accordance with the Policy. This includes:
6.2 The Organisational and Staff Development Unit has responsibility for developing appropriate programmes for managers and staff in consultation with institutes, schools and central management portfolios.
7.1 The University will monitor the operation of this policy in order to:
7.2 The following areas will be monitored:
7.3 Monitoring and analysis of this data by staff category, racial group and gender will enable the University to:
7.4 Regular reports will be sent to the Audit and Compliance Committee.
8. Publication of the Policy and Results of Assessment and Monitoring
The Policy will be publicised widely within the University and to its partner organisations in electronic and paper formats to ensure its profile and impact is highlighted in full. Significant trends arising from assessment and monitoring will also be published.
The University is involved in a number of partnerships with other organisations including contracted services and relationships with other institutions e.g. externally funded initiatives and research projects. The University is responsible for meeting the requirements of the fixed term legislation in its partnerships with other organisations.
10.1 The University will take seriously any instances of non-adherence to the fixed term legislation and the University’s Policy by its staff.
10.2 Any instance of breach of the Policy will be investigated by the appropriate Senior Area Manager, Senior Service Manager, or other line manager as appropriate. Where appropriate, action will be considered under the relevant disciplinary policies for staff.
This Policy was approved by the University Secretary on November 2002.
Table of Responsibilities and Decision Making Authority
| Level | Responsibility |
| Council | For ensuring the University has clear policies to support the effective implementation of, and compliance with employment legislation |
| Vice Chancellor | For working with the Council and Senior Officers of the University to ensure that the University’s policy is implemented effectively and that appropriate action is taken against employees who do not act in accordance with it. |
| University Secretary | For overseeing the effective implementation of the policy by enabling the:The Human Resources Department in conjunction with Institutes, Schools, Central Management Portfolios to ensure that policies relating to staff recruitment, selection, renewal/extension and ending of contracts as well as career development and the application of terms and conditions of employment are carried out in accordance with the guidance on good practice and all relevant employment legislation. To support this, the HR Business Partner(s) is responsible for providing advice, guidance and support as requested on the application of this policy at area level. |
| Senior Area and Senior Service Managers | For ensuring the University’s policy and guidelines are implemented and adhered to within their area. This includes:
|
Further Information
(1) Legislation
The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
(2) University Policies
Terms and Conditions of Employment for Academic staff
(3) Publications
(4) Website
For a copy of the relevant legislation and guidance issued by the Department of Trade and Industry’s DTI Website - http://www.dti.gov.uk/
(5) Advice and Guidance
Advice and Guidance on the implementation of this policy contact your HR Business Partner - refer to list of contacts
Contents
1.1 These guidelines are intended to support the University’s Policy on the Equitable Treatment of Fixed Term Staff. They are designed to provide a clear and simple process to assist managers in appointing, renewing, extending or ending fixed term contracts of employment and to ensure equality of opportunity for all fixed term staff.
1.2 The guidelines have been designed to maximise flexibility to meet the needs of all areas, while ensuring that the University still meets its obligations under any relevant employment legislation. For this reason, any significant variations should be discussed with the designated Senior Human Resources Adviser to minimise risk to the University.
1.3 The Senior Human Resources Adviser for your area is able to provide professional advice and support at all stages of the process; for information on your designated contact.
1.4 Links to useful information, relevant forms and proformas are included throughout the guidelines.
1.5 These guidelines replace the University’s ‘Guidelines on managing staff employed on Fixed-Term Contracts’.
2. Key considerations determining the use of fixed-term contracts
2.1 Objective Justification of Fixed Term Contracts
2.1.1 In accordance with employment legislation, all fixed term contracts, including extensions and renewals issued on or after 1st October 2002 must be objectively justified.
2.1.2 The law assumes that from 10th July 2002 all appointments over four years are permanent, unless it can be shown that there are objective reasons necessitating that the appointment should continue as fixed term. Senior HR Advisers will be able to advise managers on reasons which may form an objective justification for a fixed term post.
2.1.3 In order to comply with employment legislation, it is essential that there are transparent, necessary and objective business reasons for placing a post initially or subsequently on a fixed term or casual contract. Renewals or extensions would also have to be justified separately by objective reasons. Examples could include:
2.1.4 This above list is not exhaustive. Other justifiable business reasons may exist for a fixed term contract being necessary and may emerge through case law as time progresses. Managers should seek further advice from their designated Senior HR Advisers.
2.2 Limitation on use of Fixed Term Contracts
2.2.1 In accordance with the legislation, all fixed term contracts, extensions and renewals amounting to 4 or more years from 10th July 2002 will be considered as permanent, unless continuation of the fixed term can be objectively justified (see 2.1 above).
2.3 Redundancy Waiver Clauses
2.3.1 Redundancy waiver clauses can no longer be included in fixed term contracts from 1st October 2002.
2.3.2 Staff whose contract is issued, renewed or extended on or after 1st October 2002, who have 2 or more years continuous service with the University (refer to 2.5 below), and whose contract subsequently expires, will be entitled to redundancy pay in accordance with Part XI of the Employment Rights Act 1996.
2.4 Notification of Vacancies
2.4.1 All fixed term staff must have vacancies within the University brought to their attention. The University advertises all vacancies on the Human Resources web site that is regularly up-dated.
2.4.2 The Human Resources Department informs most new staff of the site’s existence, except for those appointed and inducted at local level, such as visiting appointees and temporary staff. Managers should ensure that fixed term staff are reminded regularly of the site and given an opportunity to access the site during working time.
2.5 Continuity of Employment
2.5.1 Redundancy - Continuity of employment for the purposes of calculating eligibility for redundancy payments will date from the commencement of the first contract of employment within the University in accordance with the Employment Rights Act 1996.
2.5.2 Permanent Status - After four years service, staff employed on single or successive fixed-contracts will become permanent, unless continuation of a fixed-term contract can be objectively justified for good business reasons. An employee begins to accrue continuous service for the purposes of securing permanent employment with effect from 10 July 2002.
3. Key considerations relating to the renewal or expiry of fixed-term contracts; transfer to continuing contracts; or alternative employment
3.1 Consultation
3.1.1 In keeping with employment law, it is incumbent upon managers to consult regularly with fixed term staff on the prospects for their future employment, throughout their employment. In particular, consultation should normally be held at least four months before an employee’s contract is due to expire.
3.1.2 Consultation must be meaningful and should consider all the available options. For example, reasons for the possible ending of the contract should be made clear to the individual and indicate what actions, if any, are proposed at the end of the contract.
3.1.3 The consultation should take place through one-to-one discussions in meetings with the individual and his or her manager. A member of staff has the right to have a colleague or trade union representative attend this meeting, and must notify his or her manager in advance of his or her intentions to be represented. A member of the Human Resources Department, normally your Senior HR Adviser, may be invited to be present at any stage in the consultation process.
3.1.4 The procedure for consultation is set out below. Managers may find Form FT2 helpful when conducting the meeting and for recording decisions and supporting reasons which form part of the formal record of the consultation process.
3.1.5 In cases where a fixed-term contract is due to expire, there is a requirement to consider the member of staff for other suitable alternative employment within the University. Therefore it is necessary to discuss opportunities for re-training and alternative employment. The University advertises all vacancies on the Human Resources Jobs web site which is up-dated regularly.
3.2 Extension/renewal of a fixed term contract and transfer to permanent contract
3.2.1 Managers should firstly consider transferring a fixed-term member of staff to a permanent contract, in accordance with employment law, this policy and the business needs of their area.
3.2.2 If objective and necessary reasons exist (see 2.1 above), for the member of staff to remain on a fixed term contract, and the need for the post is to continue for a specific period of time, then managers should consider extending the appointment for a further fixed-term period.
3.2.3 Managers should consult with the member of staff on the reasons and options relating to his or her extension or renewal of contract, or transfer to a permanent appointment, in accordance with 3.1 above.
3.2.4 The procedure for extending/renewing a fixed-term contract or transferring it to a permanent contract should, wherever possible, include the following components:
3.3 Termination upon expiry of a Fixed Term Contract
3.3.1 It is important to take action and to consult with the member of staff as early as possible.
3.3.2 Academic staff employed on a fixed term contract are exempt from Part II (Redundancy) of Section XXXV of the Statutes of the University.
The procedure for terminating a fixed-term contract on the expiry of the contract, should, wherever possible, include the following components:
3.4 Suitable Alternative Employment/Redeployment and the University’s Recruitment and Selection Policy
3.4.1 Members of staff whose fixed term contract will be terminated by the University should be considered for possible redeployment in line with University procedures.
3.4.2 In accordance with Section 4 of the Recruitment and Selection Policy, in extenuating circumstances the Senior Area Manager, in consultation with a Senior HR Adviser, may waive the need to advertise. This is likely to include the following circumstances
3.4.3 Where more than one member of staff should be considered for redeployment, it is good practice to ring fence the vacancy and advertise the position to these staff only. Any subsequent recruitment procedure should follow the University’s Recruitment and Selection Policy.
4.1 Staff may wish to raise a grievance for a range of reasons under this policy, which may include the following specific reasons: alleged less favourable treatment, failure to confirm permanent status, to appeal against the expiry of their fixed term contract, or other aspects of the consultation and review process.
4.2 An employee may wish to appeal or raise a grievance under the provisions of the relevant grievance procedure from time to time in place. All current grievance procedures can be found in the relevant terms and conditions.
4.3 Staff and managers are encouraged to resolve matters informally in the first instance.
4.4 The University takes such matters seriously and will do its utmost to resolve issues amicably.
14th October 2002