GUIDANCE ON THE
TERMINATION OF
TEMPORARY / FIXED TERM
CONTRACTS
CONTENTS
Page
Contents 1
Procedure for Termination of Temporary/Fixed Terms Contracts 2
Appendix 1 - Letter notifying Employee of proposal to terminate contract 3
Appendix 2 - Letter notifying Employee of outcome of first meeting 4
Appendix 3 - Letter notifying Employee of arrangements for appeal 5
Appendix 4 - Letter notifying Employee of outcome of appeal 6
Statutory Dispute Resolution Procedure – Dismissal & Disciplinary 7
PROCEDURE FOR TERMINATION OF TEMPORARY/FIXED TERM CONTRACTS
The Employment (NI) Order 2003 requires employers to adopt minimum statutory procedures for dealing with dismissal. Whilst it is automatically unfair to dismiss an employee without following the procedure, the employee will need one year's service to bring an unfair dismissal claim. However, if the procedure is not followed, an employee could bring a claim under another jurisdiction, such as a claim for unlawful discrimination (sex, age, religion, disability etc) where the twelve month service requirement is not necessary. If such a claim was successful, the industrial tribunal has the power to increase any compensation awarded by between 10% and 50% as a result of the employer's failure to follow the statutory procedure.
In order to ensure compliance with the Employment (NI) Order 2003, the following procedures should be followed in all cases where a temporary member of staff’s contract is being terminated:
1. You must write to the employee inviting them to a meeting to discuss the proposal to terminate their contract. The letter should specify:
· the date for the meeting;
· the reason for contemplating the termination (for example the permanent postholder is returning to work; the requirement for the employment has ceased because the pupil has left the school/no longer requires assistance; the additional work requirement has diminished/ceased etc);
· the proposed date that their contract is due to terminate; and
· the employee may be accompanied at the meeting by a Trade Union representative or a colleague;
(Sample letter Appendix 1)
2. You must meet with the employee to discuss the contemplated termination. Following the meeting you must inform the employee in writing of your decision. The employee should be advised that if he/she is not satisfied with the decision he/she may appeal against it and their appeal should be lodged with you, as their manager, in writing within 5 working days of the date of receipt of the decision.
(Sample Letter Appendix 2)
3. If the employee lodges an appeal, you should refer the matter to the next line of management. In the case of a school, this will be a Sub Committee of the Board of Governors. The Sub Committee/ Senior Manager should invite the employee to attend a further meeting and advise that he/she may be accompanied at the meeting by a Trade Union representative or a colleague from work, not connected with this case. There is no requirement for the appeal meeting to take place before the termination date. The employee must take all reasonable steps to attend the meeting. After the appeal meeting, the employee should be informed in writing of the final decision.
(Sample letters Appendices 3 & 4)
APPENDIX 1
Addressee Our Ref:
Address1
Address2 Your Ref:
Address3
PostCode Date:
Dear
RE: STATUTORY DISMISSAL PROCEDURES - TERMINATION OF CONTRACT
With reference to your temporary employment as a (specify job title) in (specify location) I am writing to advise you that the School/the Education Authority is contemplating terminating this employment on (specify date - must be prior to date of termination), because (specify reason).
In accordance with the Statutory Dismissal Procedures you are invited to attend a meeting with me on (specify date) to discuss this matter. You may be accompanied at this meeting by a Trade Union representative or a colleague.
Yours sincerely
Name
Job Title
APPENDIX 2
Addressee Our Ref:
Address1
Address2 Your Ref:
Address3
PostCode Date:
Dear
RE: STATUTORY DISMISSAL PROCEDURES - TERMINATION OF CONTRACT
I refer to our meeting on (specify date) during which we discussed the contemplated termination of your employment from the post of (specify job title) in (specify location). I now write to advise you of the decision to terminate your employment with effect from (specify date) because (specify reason). You are advised that you have the right to appeal against this decision. If you wish to appeal you must advise me in writing within five working days from the date of receipt of this letter.
On behalf of the school/service I would like to thank you for your service and I wish you all the best for the future.
Yours sincerely
Name
Job Title
cc: Human Resources, Education Authority
APPENDIX 3
Addressee Our Ref:
Address1
Address2 Your Ref:
Address3
PostCode Date:
Dear
RE: STATUTORY DISMISSAL PROCEDURES - TERMINATION OF CONTRACT
I refer to your request for an appeal against the decision that your temporary employment as a (specify job title) in (specify location) be terminated, and I now write to advise you that a Sub Committee of the Board of Governors will meet with you on (specify date) to hear your appeal.
You may be accompanied at this meeting by a Trade Union representative or a colleague from work, not connected with this case.
Yours sincerely
Name
Job Title
cc: Human Resources, Education Authority
APPENDIX 4
Addressee Our Ref:
Address1
Address2 Your Ref:
Address3
PostCode Date:
Dear
RE: STATUTORY DISMISSAL PROCEDURES - TERMINATION OF CONTRACT
I refer to the appeal meeting that you attended on (specify date) at which you made representations against the termination of your employment. Having reviewed all of the circumstances and representations made, I regret to inform you that your appeal has not been upheld and the decision regarding the termination of your employment still stands.
Yours sincerely
Name
Job Title
cc: Human Resources, Education Authority
The Employment (Northern Ireland) Order 2003
Article 15
SCHEDULE 1
STATUTORY DISPUTE RESOLUTION PROCEDURES
PART I
DISMISSAL AND DISCIPLINARY PROCEDURES
CHAPTER I
STANDARD PROCEDURE
Step 1: statement of grounds for action and invitation to meeting
1.—(1) The employer must set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee.
(2) The employer must send the statement or a copy of it to the employee and invite the employee to attend a meeting to discuss the matter.
Step 2: meeting
2.—(1) The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension.
(2) The meeting must not take place unless—
(a) the employer has informed the employee what the basis was for including in the statement under paragraph 1(1) the ground or grounds given in it, and
(b) the employee has had a reasonable opportunity to consider his response to that information.
(3) The employee must take all reasonable steps to attend the meeting.
(4) After the meeting, the employer must inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it.
Step 3: appeal
3.—(1) If the employee does wish to appeal, he must inform the employer.
(2) If the employee informs the employer of his wish to appeal, the employer must invite him to attend a further meeting.
(3) The employee must take all reasonable steps to attend the meeting.
(4) The appeal meeting need not take place before the dismissal or disciplinary action takes effect.
(5) After the appeal meeting, the employer must inform the employee of his final decision.
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