Policy statement / The Office of the Police and Crime Commissioner (OPCC) is committed to ensuring those employees on fixed-term or temporary contracts are treated fairly in terms of how their employment with the OPCC continues or comes to an end.
Scope / All employees of the OPCC.
Policy outcomes / The aims of this policy are to:
- define the processes for ending a fixed-term or temporary contract
- retain the skills and experience of an employee where there is a business need
Check which policy to use / Where an employee has been employed continuously on fixed-term or temporary contract/s for four years or more and the work is coming to an end, this should be managed using the Redundancy Policy or if part of a wider programme of change, using the Managing Workforce Change Policy.
Where there is a general downturn in work which:
- is not specifically linked to the nature of the employee’s fixed-term or temporary contract (especially if the contract is being ended early) and
- affects a number of employees
Where there are concerns relating to a fixed term or temporary employee’s conduct, performance or sickness absence this must be managed using the Managing Misconduct Policy, Managing Performance Policy or Managing Sickness Absence Policy.
Key definitions / Fixed-term contract – is where the length of employment is fixed and will come to an end on a specified date. The OPCC is able to end such contracts earlier in accordance with contractual notice periods.
Temporary contract – is where the length of employment is anticipated to last for a given number of months until the completion of the work the employee has been contracted to carry out or cover. The OPCC is able to end such contracts earlier in accordance with contractual notice periods.
Some other substantial reason (SOSR) – is one of the fair reasons for dismissal where the employer believes there is a reasonable and justifiable circumstance which leads them to dismiss an employee.
OPCC Continuous service – is the length of time an employee has been employed by the OPCC for a continuous period without any breaks in that employment.
Modification order - under the Employment Rights Act 1996, an employee can count service with an 'associated employer' who is under the modification order towards the service requirement for a redundancy payment (i.e. two years) and, if appropriate, for calculating that payment.
Salary protection - is provided to offer some protection to the basic salary for employees whose pay would otherwise reduce following redeployment to a lower grade within the OPCC.
What the law says / Employees on fixed-term or temporary contracts are protected from less favourable treatment in comparison to their permanent colleagues through the Fixed Term (Prevention of Less Favourable Treatment) Regulations 2002 as amended.
The ending of a fixed-term or temporary contract, or a decision not to extend a contract, is a dismissal in law under the Employment Rights Act 1996. There must be a fair reason for the dismissal and a fair process must therefore be followed by an employer in order to end the contract. The two most common reason for a dismissal of this kind are:
- redundancy
- some other substantial reason (SOSR)
- the employer has ceased or intends to cease to carry on the business for the purposes of which the employee was employed by him, or to carry on that business in the place where the employee was employed, or
- the requirements of that business for employees to carry out work of a particular kind, or work of a particular kind in the place where the employee was employed has ceased or diminished or expects to cease or diminish.
- the reason for dismissal is redundancy
- the employee has two or more years continuous service with an employer covered in the Redundancy Payments Modification Order
In order to bring a claim for unfair dismissal, under section 108 of the Employment Rights Act 1996, an employee must have at least two years continuous employment. There is a specific section in this policy that relates to employees with less than two years continuous employment.
Monitoring end dates / The manager is responsible for monitoring the anticipated end date of a fixed-term or temporary contract and allowing sufficient time to end the contract through the process identified below.
It is permitted to end a fixed-term or temporary contract earlier than stated in the statement of particulars by following the principles of this policy and the process identified in this policy.
Process and length of service / There are two different processes to follow, dependent on the employee’s length of continuous OPCC service.
1) employees who have less than two years continuous OPCC service
2) employees who have two or more years continuous OPCC service
Part One - Employees who have less than two years continuous OPCC service
Policy stages / There are two possible stages:
- informal meeting
- notice period and redeployment
Informal meeting / The manager must offer the employee an informal one-to-one meeting to inform the employee that their contract is coming to an end and the grounds for dismissal. The manager confirms whether the employee is entitled to a redundancy payment.
The employee does not have a right to:
- a formal meeting
- be accompanied at the informal meeting
- appeal against the dismissal
Outcome of an informal meeting / The manager decides whether the fixed-term or temporary contract is to be brought to an end (or not extended) and provides the employee with the reasons for their decision.
Where the contract is coming to an end, the manager confirms the grounds for dismissal and whether the employee is entitled to a redundancy payment.
The manager must advise the employee of the outcome at the meeting and confirm this in writing.
Notice period and redeployment / The employee is entitled to their contractual notice period as stated in their statement of employment particulars and the Notice Period Policy.
The employee is entitled to redeployment which starts when contractual notice is given to the employee. The redeployment period lasts for the duration of the notice period.
Salary protection / Where the employee is in a redundancy situation and redeployed into another role of a lower grade, they are entitled to salary protection.
Part Two - Employees who have two or more years continuous OPCC service
Policy stages / There are three possible stages:
- formal meeting
- notice period and redeployment
- appeal
Formal meeting / The manager must hold a formal meeting with the employee.
The manager must write to the employee to invite them to the formal meeting, enclosing any management documents if appropriate.
The employee has a statutory right to be accompanied at the formal meeting by an OPCC work colleague or trade union representative.
Outcome of a formal meeting / The manager decides whether the fixed-term or temporary contract is to be brought to an end (or not extended) and provides the employee with the reasons for their decision.
Where the contract is coming to an end, the manager confirms the grounds for dismissal and whether the employee is entitled to a redundancy payment.
At the meeting the manager must advise the employee of:
- the outcome
- their right of appeal
- the date by which an appeal must be submitted, which is within 10 calendar days starting from the day after the meeting
Notice period and redeployment / The employee is entitled to their contractual notice period as stated in their statement of employment particulars and the Notice Period Policy.
The employee is entitled to a period of redeployment for a maximum of three months. Their contractual notice is included within the redeployment period and both end on the same date.
Salary protection / Where the employee is in a redundancy situation and redeployed into another role of a lower grade, they are entitled to salary protection.
Right of appeal / The employee has a right to appeal against the decision. They must have specific grounds for making an appeal and identify supporting evidence.
An employee must ensure their written appeal is received by their manager within 10 calendar days of the meeting, starting from the day after the meeting. The full reasons for the appeal must be given along with the supporting evidence.
Appeal meeting / The chair of the meeting writes to the employee to invite them to an appeal meeting, enclosing any management documents.
The employee has a statutory right to be accompanied at a formal meeting by a trade union representative or an OPCC work colleague.
The employee, or their companion, must submit their information to arrive at least 4 calendar days before a meeting.
Outcome of an appeal meeting / The chair of the meeting decides whether the appeal is upheld or not.
The chair of the meeting must advise the employee of the outcome at the meeting and confirm this in writing.
Related documents / To help with the application of this policy it may be useful to read the following:
- Ending a Fixed-Term or Temporary Contract - Managers’ How to Guide
- Redeployment Policy
- Redundancy Policy
- Salary Policy
- Notice Period Policy
- Continuity of service - Redundancy payments modification order
Support / Employees:
Queries should be directed to your line manager.
A confidential counselling service is provided by the Wellbeing helpline who can be contacted on 023 8062 6606 or by emailing
Your trade union or professional association may be able to provide you with additional support.
Managers:
Further information is available in the Managers’ How To Guide Ending a Fixed-Term or Temporary Contract.
Advice on remaining queries can be directed to HR Operations.
Policy
Governance
Hantsfile reference: / 6955627Date of publication: / V1 – November 2014
Planned review date: / 3 years or sooner if required
Owner: / HR Operations
Employees of non Office of the Police and Crime Commissioner bodies are excluded from this policy and should refer to their own employer’s policies and procedures.
Ending Fixed Term or Temporary Contracts Policy / Page 1 of 7