| Policy Name : | Fixed Term Policy | Policy No: | P1920-1215 |
|---|---|---|---|
| Policy Owner: | Head of Process Improvement, Human Resources | Last Review Date | June 2020 |
| Issue No: | N/A | Next Review Date | July 2021 |
| Relevant Legislation/ACAS guidance: |
The Employment Act 2002; The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; The Fixed-term Employees (Prevention of Less Favourable Treatment) (Amendment) Regulations 2008; JNCHES Guidance on Fixed -Term and Casual Employment; Concordat to Support the Career Development of Researchers |
||
| Documents replaced: |
Policy and Procedure for employing staff on Fixed-Term Contracts and Fixed Term Funding Streams |
||
Policy Statement
Purpose:
- All colleagues should be treated fairly and offered opportunities to pursue and develop their careers.
- The University aims to balance organisational efficiency, fair treatment and secure employment.
- The University depends on a range of funding, some of which is time limited, and therefore needs to make full use of modern, flexible work arrangements and to adopt patterns of work that will fit the current challenges and those of the future, whilst treating colleagues equitably and in a way that is legally compliant.
Scope:
- This policy applies to the appointment of all colleagues employed on fixed term contracts.
- The policy applies to the termination of fixed term contracts of colleagues with less than 24 months continuous service at contract end date.
- If a fixed term contract of a colleague with 24 months or more continuous service, comes to an end then the Redundancy Policy will apply
Key Principles:
- Permanent contracts are the expected form of employment.
- Executive Dean PVC/Directors should give consideration wherever possible to incorporating recurrent external funding into their Business Plan, with a view to securing the on-going permanent employment of colleagues.
- Staff should only be placed on fixed-term contracts where this is justified for transparent and objective reasons.
- Fixed Term contracts should only be used when the position will be limited either by time, for example covering maternity leave, by purpose, for example the completion of a project, to provide specialist expertise on a short term basis, to manage short-term fluctuations in business demand, where the demand is uncertain or where the work is externally funded for a limited period.
- The University will not treat fixed term workers less favourably than colleagues on permanent contracts doing the same or a similar job.
- Fixed term colleagues who work continually with the University for 24 months or more will be subject to the same Redundancy Ordinance and Process as colleagues holding permanent contracts.
- Colleagues on successive fixed term contracts will be given permanent contracts under the fixed term ordinance by no later than the date they reach 48 months continuous service.
- Where the fixed term contract comes to its natural end on the given date and this is prior to the colleague achieving 24 months continuous service, Swansea University is not required to provide any notice period. This is because the notice is effectively written into the contract. Swansea University will however provide appropriate reminders to those terminating before 24 months.
- Fixed Term contracts will terminate when they reach the agreed end date, unless further funding is secured. Any further funding would need to be discussed and agreed by the Line Manager, Executive Dean PVC / Director, Finance Business Partner and HR Business Partner.
- Where a colleague’s fixed term contract is subject to external funding, the employment will terminate at the end of that funding unless further funding is secured.
- Where a colleague’s fixed term contract is subject to external funding, should the external funding be removed for any reason then the employment may terminate early unless further funding is secured.
- Equality of opportunity is reflected in all aspects of employment. Appointment to fixed term contracts should be free of bias and not discriminate on the grounds of any protected characteristic , in line with the Equality Act 2010.
- Colleagues on fixed term contracts will be given equal opportunity with other staff to develop performance and career prospects through staff development, training and professional development review.
- Colleagues on fixed term contracts will be given information on, and the opportunity to apply for, more secure positions,
- Colleagues on fixed term may at any time request the fixed term nature of their appointment be reviewed by raising this with the Faculty / Directorate via their line manager, and setting out their objective reasons for this, in line with the Fixed Term Ordinance.
- With regard to externally funded, time-limited research projects where the prospect of continued funding is unlikely, the University's commitments under The Concordat to Support the Career Development of Researcher 2008 will apply.
Definitions of HR terms used in this policy:
- Fixed term contracts – Contracts where the position will be limited either by time, for example covering maternity leave, or by purpose, for example the completion of a project, to provide specialist expertise on a short term basis, to manage short-term fluctuations in business demand, or where the work is externally funded for a limited period.
- Permanent contracts – Contracts that do not specify an end date.