Background to the Procedures for the Ending of Fixed Term Contracts
Dismissal
Circulars were sent out in 1999 from HR, advising institutions of an appropriate and practicable policy and procedures for ending fixed term contracts in the case of contract research staff and other unestablished staff and the holders of University offices established for fixed periods and supported wholly or partly on external or non-central funds (March 1999, ref GBO.9903.956), and for assistant staff (circular of 15 December 1999). Key points are as follows:
- The need to ensure that all periods of appointments and reappointment of staff on fixed term contracts were commensurate with the period for which funding for the post had been provided was emphasised
- The obligation to genuinely consult with staff whose fixed term contract was coming to an end and to offer suitable further employment, if available, was stressed both in the interest of good employment practice and to ensure that the University could defend claims of unfair dismissal
- Finally, institutions were referred to the disciplinary procedure as a mechanism for dealing with problems in relation to conduct or performance
Objective justification
A further circular was sent out from Human Resources Division in November 2002 concerning the EU Directive on Fixed-Term Working (Fixed-Term Employees Regulations 2002), in particular covering the need to show that each fixed-term contract could be objectively justified and, where it could not be extended beyond the end-date, was terminated fairly.
Career management of researchers
The career management scheme, launched in May 2003, introduced a probationary period and procedure for contract research staff. It also set out the arrangements for subsequent reviews of work performance, personal development needs and career aims through an appraisal procedure (called career management review and within the University's staff review and development framework).
New rights for employees
A circular was sent out in October 2004 concerning the dispute resolution regulations 2004, in particular covering new provisions relating to the ending of fixed-term contracts, namely use of a standard procedure (with three steps — written statement, hearing, appeal), which includes the right of accompaniment and the right of appeal against the decision to dismiss.