Fixed-term contracts: as end date approaches (less than 2 years’ service)

Guidance for managing the end of fixed-term contracts for employees who, at the expected end date, will have less than two years’ continuous service

Last updated 5 June 2024

The process/assistance outlined in this guidance applies only to employees who at the anticipated contract end date will have less than two years’ continuous service with the University and who do not fall under the provisions of the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 (see below).   

For staff with two or more years’ service follow the relevant guidance.

Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Consult with your HR Business Partner before proceeding if the employee:

  • is pregnant, or
  • is currently on a period of maternity, adoption or shared parental  leave, or
  • has returned from maternity or adoption leave, or a period of shared parental leave lasting at least six continuous weeks, and the child was born or placed within the past 18 months, or
  • has had a miscarriage (pregnancy loss within the first 24 weeks of pregnancy) and is within 2 weeks of the miscarriage
  • has had a stillbirth (pregnancy loss any time after 24 weeks of pregnancy) and is within 18 months of the birth.

These employees have enhanced protection from redundancy under legislation, and will need to be given priority consideration for redeployment opportunities during the period in which they are considered to be a priority candidate (typically the final 3 months of the contract), even if they have less than two years’ continuous service.

If the employee has been engaged for less than 18 months you may be unaware of any family leave they have taken in other employment within this protected period and may need to ask the employee about their circumstances.

Whilst every effort should be made to support redeployment, there is no a guarantee that suitable redeployment will be found: suitable alternative employment (ie where the postholder meets at least the minimum essential selection criteria for the role) may not arise during the relevant period of time.  In such cases the contract will end at its anticipated date and redundancy payments may be due.

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Action for departments

No later than four months before the contract is due to end: departments should consider, by reference to the objective justification for the fixed-term period, whether the post is likely to end. The department and line manager should consider all alternative options to the expiry of the contract. 

If the contract can definitely be renewed/extended then the appropriate arrangements for renewal/issuing of a new contract (including any local arrangements regarding approvals for the new or extended post) should be followed. 

In all other cases the process below should be followed.

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Action for departments

Three to four months (but no later than three months) before the contract is due to end (unless it is possible to extend or renew the contract), the employee must be reminded of the contract end date. Pro forma letter X5 provides the key information and departments may arrange to meet with the employee to go through the letter in person, if appropriate, or may simply send the letter to the individual. The letter:

  • reminds the individual of their contract end date;
  • advises them that all University vacancies are advertised through The Internal Jobs Board (accessed via HR Self Service);
  • signposts the People and Organisation Development Unit, which has a number of resources to help support staff in their next step, including confidential impartial career advice for administrative and support staff and, support with internal applications and interview preparation;
  • links to the University Careers Service’s website which can provide advice to researchers during and after employment;
  • advises them that they may take reasonable time off to seek alternative employment (for example, in order to attend interviews, undertake training or other career development events which take place during the working day);
  • reminds them that all holiday should normally be taken before their last day of employment;
  • provides the name of the person to whom  they should address any questions.

*All current staff, regardless of length of service, may apply for vacancies advertised as ‘internal only’. However, only those with at least two years’ continuous service with the University, or who are covered by the Protection from Redundancy (pregnancy and family leave) Act 2023 provisions (see top of page)  are eligible to be considered as priority candidates.

Action for individuals

  • Individuals should engage with job search activities, such as preparing an up-to-date CV, searching job sites (both the University’s Internal Jobs Board,  accessed via HR Self Service as well as external resources to maximise the chances of suitable employment being found), applying for suitable posts, following job search guidance including ‘Useful Career Resources’ available from resources such as the University’s Careers Service.
  • Explore the resources offered by the People and Organisation Development Unit which has a number of resources to help support you in your next step, including confidential impartial career advice for administrative and support staff and support with internal applications and interview preparation. Further information can be found on the POD website.
  • (if you are a researcher) Visit the University Careers Service’s website which explains the resources and advice available to researchers during and after employment.
  • Where individuals need time off for activities such as attending interviews, or training courses which can only be undertaken during working hours this should be requested through the normal departmental routes.

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Action for departments

One month before the contract is due to expire: if it has not been possible to find suitable alternative employment the employee should be written to (pro-forma letter X6), confirming their contract expiry date and the arrangements for ending their employment. This is likely to include: handover arrangements; a reminder that all holiday should normally be taken before the last day of work; details of arrangements for returning equipment, access cards, handing over data, closure of email accounts, etc.

Note:

If the employee is absent from the workplace, for example due to extended sickness leave or on maternity leave, departments should consult their HR Business Partner.

 

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