Fixed-Term Contract Policy
1.
Introduction
The necessity for a shift towards a more permanent culture amongst certain groups of staff
has been highlighted in the recommendations arising from the European Charter for
Researchers, the Roberts’ Review, the Bett report and the 1996 Concordat. In addition to
these external drivers, there is also a need to ensure internal congruence with the University’s
strategic aims to ‘advance knowledge by undertaking research of international standing across
a wide range of disciplines’ and ‘to attract, retain and motivate high calibre staff at all levels’.
If we accept that staff engagement contributes to performance, then the perceived low status
and morale of fixed-term employees (CROS survey 2005) presents a risk to the achievement
of these aims.
Furthermore, the Fixed-Term Employees (Prevention of Less Favourable Treatment)
Regulations (the Regulations) came into force on 1 October 2002. The Regulations state that
fixed-term employees should not be treated less favourably than comparable permanent
employees and limit the use of successive fixed-term contracts, unless the employer has
objective justification for the differential treatment or continued use of a fixed-term contract.
This document sets out the University of Nottingham’s Policy on the use of fixed-term
contracts in light of the regulatory changes and the recommendations of the reviews
mentioned above.
The University values the diversity of its people and is committed to promoting equal
opportunities and eliminating discrimination. Therefore staff will apply and operate this policy
fairly and in doing so ensure that there is no discrimination on the grounds of gender, race,
disability, age, religious or political belief, sexual orientation, trade union membership/activity
or marital status.
2.
Scope
2.1
This policy takes effect from 1st May 2008 and applies to the use and management of
existing and future fixed-term contracts across all staff in all areas of the University.
2.2
A fixed-term contract is defined in accordance with the Regulations as a contract of
employment that, under the normal course of its provisions, will terminate:
a. on the expiry of a specific term, or
b. on the completion of a particular task, or
c. 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.
3.
Use of Fixed-Term Contracts
3.1
The University seeks to reduce the use of fixed-term contracts. A permanent contract
should be considered in the first instance for all new appointments at the University.
3.2
Fixed-term contracts will not normally be issued for more than 4 years’ duration.
3.3
Where an employee is on a second successive contract which will take the employee
over four years’ service, a fixed-term contract should only be used in specifically
defined circumstances as set out below:
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1.
Specialist Expertise.
The post requires specialist expertise or recent experience not already available
within the institution in the short term 1.
2.
Cover Absence.
The post is to cover staff absence as appropriate (e.g. parental and adoptive leave,
long-term sickness, sabbatical leave or secondment).
3.
Career Development.
The contract is to provide a secondment or career development opportunity or the
contract relates to a personal Fellowship which is linked to a future permanent
Lectureship.
4.
Specialist Practitioner.
The post relates to input from specialist practitioners.
5.
Uncertain Demand.
Where the student or other business demand can be clearly demonstrated as
particularly uncertain.
6.
Short-Term Funding.
Where there is no reasonably foreseeable prospect of short-term funding being
renewed nor other external or internal funding being available or becoming
available. Where the short-term funding has already been renewed, continuing use
of the fixed-term contract would need to be justified by other objective reasons. A
personal Fellowship which is not linked to a future permanent contract may fall
under this category.
3.4
Objective justification for the use of a fixed-term contract will be made at the point of
issue/renewal via the Authority-to-Fill (ATF) process. Guidance on completion is
attached to the ATF form.
3.5
Continuity of service will not be broken in order to have the effect of avoiding the
requirements of the Fixed-Term Employees Regulations.
3.6
The employment status of all fixed-term employees and the justification for the use of a
fixed-term contract will be reviewed annually as part of the School/Department
planning cycle.
4.
Equal Treatment
4.1
The University will, as far as possible, treat members of staff on fixed-term contracts as
favourably as those employed on permanent contracts, for example, in relation to:
 terms and conditions of employment;
 training and career development opportunities;
 information about job vacancies.
Differential treatment will only occur in exceptional circumstances where there is an
objectively justified reason for the differential treatment.
4.2
1
The Head of School/Department will provide, following consultation with the relevant
HR Adviser, within 21 days of receiving a written request from an employee who feels
that they are entitled to regard their post as permanent under this policy, a written
statement either confirming that he/she is now a permanent employee or giving the
reasons for the continued use of a fixed-term contract.
Note that where specialist expertise or input from specialist practitioners are being put forward as objective
justification, consideration must be given as to whether the specialism forms the core business of the organisation
and is therefore required on a more permanent basis.
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4.3
The Head of School/Department will provide, following consultation with the relevant
HR Adviser, within 21 days of receiving a written request from an employee, a written
statement explaining any differences in his/her employment arrangements from those
of a permanent employee, taking into account the overall employment package.
5.
Current Fixed-Term Employees
5.1
All fixed-term employees will be considered for transfer to a permanent contract
according to the following timetable:



January to July 2008: Employees reaching 4 years’ service in 2008.
August 2008 to December 2009: Fixed-term employees in post before 1st
October 2009.
January 2010 to March 2010: Fixed-term employees in post before 1st January
2010.
5.2
Where the continued use of a fixed-term contract is appropriate and necessary, the
objective justification for its continued use will be recorded.
5.3
Employees transferred to permanent status under this process will not need to attend a
formal interview, where they had a formal interview at the time of engagement.
However, it is recommended that the letter confirming the employee’s change of status
is hand delivered to the employee by his/her line manager and that an informal
discussion takes place at this time.
6.
Expiry of a Fixed-Term Contract
6.1
The School/Department will seek alternative options to the expiry of a fixed-term
contract, such as retraining, redeployment, bridging funds or alternative sources of
funding.
6.2
The expiry of a fixed-term contract is deemed a redundancy dismissal in law. Fixedterm employees have the same rights to a fair redundancy procedure as a permanent
member of staff. The redundancy policy should therefore be followed on the expiry of a
fixed-term contract and can be found at:
http://hr.nottingham.ac.uk/redundancyandredeployment.
7.
Review
7.1
This policy will be reviewed twelve months after the effective date stated in Section 2 or
if there is a significant change in relevant legislation.
7.2
The policy will also be subject to Equality Impact Assessment and reviewed accordingly.
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