PROCEDURE FOR MANAGING THE END OF FIXED TERM CONTRACTS Overview Fixed term contracts are contracts that last for a specified period of time, or are linked to the completion of a specific task or activity. In a university environment this may be to deliver a specific research project with funding for a fixed period of time or to cover a temporary vacancy linked to maternity cover or to back fill for a temporary secondment of another member of staff. A fixed term contract does not just expire, it has to be a managed process of consultation and, if there is no alternative, notice of dismissal will be issued. If the University fails to manage this process appropriately within the required time frames, it may result in unplanned costs being incurred by the University either through: Additional salary costs from a failure to issue formal notice at a time which is contractually required Potential compensation due to failure to consult HR will manage the process in collaboration with the School/Budget Centre. It is important that School/Budget Centres provide timely and accurate information to HR to ensure that these risks are managed. It is also important to note that at any time the consultation can be concluded or notice of dismissal withdrawn if the contract is extended, for example,due to additional funding being identified, or if the employee is successful in obtaining a new post elsewhere in the University. Purpose of Consultation The purpose of consultation is to mitigate or avoid the dismissal. It is important that an employee is offered a minimum of one consultation meeting during the consultation period. The purpose of consultation is to: Ensure that the employee is aware that the contract is coming to an end Explore opportunities for any extension of funding Explore opportunities that may be available for redeployment Support the employee through transition to a new role within the University or elsewhere Ensure that all the processes relating to notice, key management decision(s) and the employee leaving the University (dismissal) are well communicated and managed appropriately If a contract extension or redeployment is not feasible then the end of a fixed term contract will be treated as a dismissal, either on the grounds of redundancy or for some other substantial reason, for example in circumstances where a member of staff returns from maternity leave. This arrangement applies equally to full and part time employees. Timing of Consultation To ensure these requirements are met it is important that consultation starts within an appropriate time frame. This time frame is defined by the notice period of the contracted role plus sufficient time to conduct meaningful consultation with the employee. The table below illustrates the timescales in place relating to different terms and conditions issued by the University.
Type of Contract Notice Period Consultation to begin no later than Academic Staff Administrative and Other Related Staff Research and Analogous Support Staff 6 months required to be given (approximately 7.5 The procedure below envisages that the consultation stages of the process are undertaken by HR in collaboration with the School/Budget Centres, making use of the skills and knowledge of both parties. Key Points to Note Note 1 Note 2 Note 3 Note 4 For those employees identified by the University s legislation as members of academic staff, the following procedure is subject to University Ordinance 3.23 (www.as.bham.ac.uk/legislation/docs/ordinances_3.23.pdf). The Vice-Chancellor has designated the relevant Head of School as the Appropriate Person to act on his behalf under the procedure set out in the Ordinance. The University s redeployment policy and procedure is available at: www.hr.bham.ac.uk/policy/redeployment.shtml In order to manage all related risks and meet procedural requirements, the timescales suggested in the procedure are the latest at which the action should be carried out. This does not preclude the process from starting earlier. The consultation period and the notice period should not run concurrently.
Procedure for Managing the End of Fixed Term Contracts When a fixed term contract is issued to an individual or amendments are made, the expected end date of the contract is entered onto the University s core HR System. The Manager Notification of FTC End Date Form (A) will be issued to the Manager in the School/Budget Centre approximately 9 months before the contract is due to end. This will aid in the planning of appropriate action e.g. applications for grant extensions or identification of other opportunities within the School/Budget Centre. The Manager Notification of FTC End Date Form (A) is to be completed by the Manager in the School/Budget Centre within one month of being issued and is to be returned to the HR Fixed Term Contract Team. Should the Manager (or nominee) not be able to attend the consultation meeting, s/he will need to complete the Information Required Prior to Consultation Meeting Form (A1) together with the Manager Notification of FTC End Date Form (A) and return the forms to the HR Fixed Term Contract Team. On receipt of the Manager Notification of FTC End Date Form (A) or on the identified consultation start date (if the form is not returned in time), HR will open formal consultation with the staff member concerned by issuing a Start of Consultation Letter (B) directly to the individual, with a copy also sent to the appropriate Manager in the School/Budget Centre. The purpose of this letter is to invite the member of staff to a formal meeting to discuss the end of their contract and draw attention to the redeployment and support services provided by the University. The consultation should include a minimum of one formal meeting and will involve the member of staff, a HR representative and where appropriate a designated manager from the School/Budget Centre. The meeting should cover the following: - Introduction and areas for discussion to include an overview of the reason for the meeting and to explain the right for the employee to be accompanied at meetings by a Trade Union representative or work colleague from the University - Explanation of the consultation process to clarify the timescales of the consultation period and highlight the opportunity for further meetings to take place, if requested - A discussion regarding the current situation to clarify the reason for the fixed term contract coming to an end and the need for meaningful consultation. Confirmation will be provided that employment will end unless the University can source further funding to extend the contract or provide a suitable alternative redeployment opportunity within the University - The numbers and descriptions of roles at risk of redundancy i.e. They are in a pool or one and why, or more if there are others linked to the funding/project coming to an end - Recognition of the personal impact and options / possibilities for alternatives to redundancy i.e. alternative work within the School/Budget Centre and redeployment and other support services available across the wider University - Communicate the next steps in the process, providing reassurance that options for additional funding will continue to be explored and that updates will be given throughout the consultation period. However, HR will reinforce that the contract will end if no suitable alternatives arise The outcome of the meeting(s) is recorded by HR, on a Consultation Meeting Record Form (C), and an Outcome of Consultation Meeting Letter (D) is then sent to the member of staff by HR, confirming the points discussed. If a second meeting takes place then these steps are repeated. If the member of
staff affected falls within academic terms and conditions, they shall be asked at the consultation meeting whether they wish to meet with the Head of School/Budget Centre as set out under ordinance 3.23. If they do not wish to meet with the Head of School, then this will be documented accordingly and a copy of the Outcome of Consultation Meeting Letter (D) will be sent to the Head of School/Budget Centre, as the Appropriate Person under ordinance 3.23 For academic staff who decide to meet with their Head of School/Budget Centre during their consultation meeting, HR will arrange, on behalf of the Head of School/Budget Centre (acting as the Appropriate Person under Ordinance 3.23), for a meeting to take place with the member of staff by issuing a Consultation Meeting Invite with the Head of School Letter (Di) and will subsequently confirm whether the contract is to end (Outcome of Consultation Meeting with Head of School Letter (Dii)) or whether there is to be an extension to their current contract (Outcome of Consultation Meeting with Head of School Letter (Diii)). Prior to the End of Fixed Term Contract: Notice Letter (E) being issued to the member of staff, the School/Budget Centre will notify HR of any last minute changes to funding which may allow for the contract to be extended. If the contract cannot be extended and there is no suitable alternative employment available (including cases where there is an expectation that new funds may become available) HR will then issue the End of Fixed Term Contract: Notice Letter (E) to the member of staff, which can be withdrawn if funds subsequently become available. This letter will advise the member of staff of their right to appeal against the decision to end the contract. The End of Fixed Term Contract: Notice Letter (E) will not be issued until the consultation period has been completed. For academic staff, the procedure for appealing against a decision to end a fixed term contract is set out in Ordinance 3.23; for Administrative and Other Academic Related staff, the appeal procedure is contained within the conditions of employment; and for support staff, such appeals will be considered by the Deputy Pro Vice Chancellor with responsibility for staffing matters. After the End of Fixed Term Contract: Notice Letter (E) has been issued; all parties should continue to seek alternative funding and suitable alternative employment. One month before the end of the contract, if no further funding or suitable alternative employment is available, HR will write to the member of staff conveying the leaving arrangements, by issuing the End of Fixed Term Contract Letter (F).
Seeking Redeployment Managing the End of Fixed Term Contracts Process MONTH SCHOOL/BUDGET CENTRE * PROCESS HUMAN RESOURCES 9 8-5 5 5-4 3 1 Make appropriate arrangements for renewal of funding, submitting new grant applications etc Complete Manager Notifcation of FTC End Date Form (A) and send to HR Attend and provide information relating to the current post, funding and potential prospects/ situation as necessary Notify HR of any last minute changes to funding, which may allow for contract to be extended. Notice will be issued in the absence of any notification First notification of end of fixed term contract to Schools Notification of expected expiry to individual Consultation meeting (s) (at least 1 meeting should take place) Formal notice of expiry of fixed term Confirmation of expiry Produce electronic report detailing all fixed term contracts due to end within a 9 month period and provide Manager Notification of FTC End Date Form (A) and Information Required Prior to Consultation Meeting Form (A1) for each individual Upon receipt of Manager Notification of FTC End Date Form (A), send Start of Consultation Letter (B) no later than the middle of month 5 **to individual notifying them of expected end of fixed term and of the redeployment service*** Attend, lead and offer HR support for the consultation meeting(s) explaining the process to the employee. Complete Consultation Meeting Form (C). Issue Outcome of Consultation Meeting Letter (D) (for Academic Staff copy Head of School as Appropriate Person under provisions of Ordinance 3.23 for Academic Staff and send Consultation Meeting with Head of School Letters D i-iii as appropriate). Send End of Fixed Term Contract: Notice Letter (E) if applicable*** Administer appeal process as necessary Final check with School/College that further funding has not been confirmed. Letter to individual confirming leaving arrangements End of Fixed Term Contract Letter (F) * At any time the nominated School/Budget Centre representative can confirm funding availability to support a reappointment by completing the Manager Notification of FTC End Date Form (A) and returning it to HR, who in turn request confirmation of funding availability to support this. Upon confirmation of funds, HR will write to the individual with formal notification of the reappointment. ** This is 5 months prior to the end of the contract and therefore will fall on any date within that fifth month, depending on the date of expiry e.g. if a contract ends on 15 th July, middle of month 5 would be 1 st March. *** For Administrative and Other Related staff (those who have a contractual notice period of 6 months), Start of Consultation Letter (B) will be sent on first notification (i.e. by middle of month 8) completing process (to End of Fixed Term Contract: Notice Letter (E)) by the end of month 7.