York St John University
Termination of Fixed-term Contracts: Dismissal Procedure
1. Fixed-term contracts
York St John University has to operate in a competitive environment and faces the
same kind of competitive, operational and business pressures as other sectors of the
economy. The University needs to be productive and efficient, making full use of
modern and flexible work organisation and adopting patterns of work. This requires
that we have the flexibility to appoint fixed term staff to perform certain roles within
the University. Just as important, the University wishes to treat all its employees
fairly and the University aims to achieve a proper balance between flexible working
and organisational efficiency and the fair treatment of employees.
In this regard, it is essential that there are transparent, necessary and objective
reasons for placing an individual on a temporary contract. Such reasons or
circumstances include:
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The funding is of short-term duration and longer-term funding is unlikely.
The post is for a specific project or relates to a specific event (e.g. to cover staff
absence, the viability of an activity is being tested, or a course is being run
down).
The contract is to provide a secondment or career development opportunity.
Where specific or specialist expertise or recent experience is a necessary
element of the job.
To meet variable and uncertain student or other business demand.
To provide specific or specialist expertise to the delivery of a particular module
or modules of a course.
Wherever possible, the reason for the temporary contract will be contained in the
offer letter or contract given to the employee upon their commencement. Where
situations arise where a contract is not renewed, the reason for the temporary
contract will be as outlined prior to employment, the anticipated rationale for the final
termination of the contract will normally also have been determined prior to the
commencement of the contract and outlined to the employee in their offer letter or
contract of employment.
2. Legislative Framework
In accordance with the Employment Rights Act 1996 an employer contemplating
dismissal must follow a three-step procedure. This procedure applies to the
termination of fixed term contracts. The three-step procedure requires that
employees are notified of the reason for their dismissal; are invited to a meeting to
discuss the proposed dismissal; and are given the right to appeal.
HR/Policies/Dismissal Procedure- fixed term contracts/Nov 2005
3. Dismissal Procedure
4.1
Notifying the employee of the reason for dismissal
In letters of appointment, employees will be given the reason for the anticipated nonrenewal of their fixed-term contract and will be advised that, in law, this is regarded
as dismissal.
4.2
Meeting
In all cases, fixed- term staff will be advised in their offer letter or contract of
employment that they may request a meeting prior to, or upon the termination of
their contract, to discuss the reason for termination.
Should a member of staff wish to have such a meeting, they must contact the HR
department or their line manager before the end of their fixed term contract.
The member of staff will be invited to attend a meeting with their Dean of
Faculty/Head of Department and will be advised that they can be accompanied by a
trade union representative or colleague. If it has been requested in time, the
meeting will normally take place before the end of the fixed term contract. Following
the meeting, should the decision be taken by the Dean of Faculty/Head of
Department to uphold the dismissal a report will be sent to the Director of Human
Resources for their ratification.
As soon as possible after the meeting the decision and the reasons for it will be put
in writing and sent to the employee. In the letter, the employee will be notified of the
right of appeal.
4.3
Appeal
If an employee wishes to appeal against a decision to dismiss, they must notify the
HR department within 10 working days of the date of the decision.
The employee will be invited to attend a meeting, with their trade union
representative or colleague to discuss the appeal. This meeting will be attended by
the Vice Chancellor, accompanied by another member of the University’s Executive
Group. A member of the Human Resources Department will be present to advise
the Panel on procedure.
The appeal meeting need not take place before the end of the fixed term contract.
The decision of the appeals panel and the reasons for it will be put in writing and
sent to the employee within 5 working days. There is no further right of appeal.
HR/Policies/Dismissal Procedure- fixed term contracts/Nov 2005