Managers’ How to Guide…..
Ending Fixed-Term or Temporary Contracts
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.
How to use this document / This document is not part of the formal policy. It provides additional information to helpyou as a manager in the practical day to dayapplication of the policy.
It is expected that you will have an understanding of the Ending Fixed-Term or Temporary Contracts policy prior to using this guide.

Content

Roles and responsibilities

Reason for ending a fixed-term or temporary contract

How to decide whether to end or extend a fixed-term or temporary contract

How to decide whether there is a redundancy payment

Process and length of service

Who chairs the meeting

Part 1- Employees who have less than two years continuous OPCC service

Policy stages

Informal meeting

How to run an informal meeting

Possible outcomes of an informal meeting

How to confirm the decision

Notice period and redeployment

Part 2 - Employees who have more than two years continuous OPCC service

Policy stages

How to invite an employee to a formal meeting

Right to be accompanied

Alternative date

What information

should be shared

How to run a formal meeting

Notice period and redeployment

Possible outcomes of a formal meeting

How to confirm the decision

Right of appeal

How to invite an employee to an appeal meeting

How to run an appeal meeting

Possible outcomes

How to confirm the appeal decision

Roles and responsibilities

/ As the manager you are responsible for:
  • applying the Ending Fixed-Term or Temporary Contracts Policy accurately
  • tracking fixed-term or temporary contracts and monitoring their end date to decide whether the contract should be brought to an end or extended
  • informing HR Operationsupon identifying a fixed-term or temporary contract is to be ended
  • arranging meetings in a timely manner to allow sufficient time for the contractual notice and redeployment period
  • offering the employee support during redeployment
  • keeping records, drafting and issuing letters / documentation with HR support as necessary
All employees are responsible for:
  • applying the Ending Fixed-Term or Temporary Contracts Policy accurately
  • engaging in the redeployment process if appropriate
  • participating in the recruitment process
  • conducting themselves in an acceptable manner and complying with the policy
  • arranging their own trade union representative or companion if desired and advising management of this
The HR person who is supporting the manager is responsible for:
  • advising on policy application and best practice
  • supporting with case management
  • obtaining an estimate for a redundancy payment and pension entitlement where applicable
  • advising on the completion of letters
  • attending meetings in an advisory capacity
  • HR does not perform a decision making role
The OPCC work colleague or trade union representative is responsible for:
  • supporting their member/ colleague
  • supporting the timely management of cases by attending arranged meetings
  • ensuring the procedure is fairly and equitably applied
They may make representations, submit papers, ask questions and address a meeting on behalf of the employee.
They may not answer questions on behalf of the employee.

Reason for ending a fixed-term or temporary contract

/ The two most common reasons for ending a contract of this kind are:
  • redundancy – where the work the employee was contracted to undertake has diminished or ceased
  • some other substantial reason (SOSR) – where the work the employee was contracted to undertake has not diminished, for example where a maternity leave cover is coming to an end due to the substantive post holder returning. There may be other SOSR circumstances that lead to the ending of a fixed-term or temporary contract.

How to decide whether to end or extend a fixed-term or temporary contract

/ You are responsible for deciding whether a fixed-term or temporary contract is to be:
  • brought to an end in accordance with the statement of particulars
  • brought to an end earlier than the statement of particulars
  • extended
It is important you make this decision as soon as possible to allow sufficient time for the completion of thecontractual notice and redeployment period prior to the end date. Where you are uncertain whether the contract is going to be extended or not, proceed as if it will not be and any notice can be retracted at a later date if necessary.
Where there is insufficient time for the notice and redeployment period you must extend the contract end date to allow for this.
It is possible to end a fixed-term or temporary contract earlier than originally anticipatedwithout having to pay the employee’s salary for the full duration of the contract. This isbecause the statement of particulars includes a clause that allows for this. However you must follow the same process to end the contract as outlined in the policy and this how to guide. The circumstances that may lead to this are for example, the substantive post holder returning to work earlier than anticipated or due to an unexpected cut in funding.
Where you are considering an extension, you must obtain approval for the recruitment. Once obtained you must notify the IBC using form e-change form. The IBC will confirm the extension in writing to the employee.

How to decide whether there is a redundancy payment

/ An employee is entitled to a redundancy paymentwhere the following is met:
  • 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
The redundancy payment is unenhanced and calculated according to the Redundancy policy.
Where the reason for dismissal is something other than redundancy, such asSOSR, a redundancy payment is not payable.
Redeployment is a means through which the OPCCcan seek to protect an employee’s continuing employment. Where an employee unreasonably refuses an offer of suitable redeployment or fails to engage in the redeployment process, it is very likely they forfeit any entitlement to redundancy pay.

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 twoyears continuous OPCC service
2)employees who have two or more years continuous OPCC service
The process to be followed for employees with more than one job with the OPCC (multiple employment),one of which is a fixed term contract which is coming to an end, is based on their service in the contract that is coming to an end.

Who chairs the meeting

/ Stage / Chair of the meeting / Adviser to the chair
Informal / Employee’s Line Manager / N/A
Formal / Employee’s Line Manager or other Manager / HR Adviser
If requested
Appeal / Employee’s Second Line Manager other Senior Manager or other nominated manager / HR Adviser
Other meeting attendees:
  • employee (and their representative at formal and appeal only)
  • the line manager attendsan appeal meeting to present the grounds for their original decision

Part 1-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

/ You must meet with the employee on a one-to-one basis as soon as possible to hold an informal meeting.
You do not need to write to the employee to invite them; however you may choose to do so. Use the template letter to ensure you include all the necessary information.
The employee has no right to be accompanied at the meeting, however a request to be accompanied by anOPCC work colleague ortrade union representative may be considered as a reasonable adjustmentor where it does not cause unreasonable delay.

How to run an informal meeting

/ You must;
  • confirm that according to the employee’s statement of particulars their fixed-term or temporary contract is due to come to an end
  • explain that the intention is not to renew the fixed-term or temporary contract and provide the employee with the reason/s
  • offer the employee an opportunity to comment
  • where appropriate, before reaching a decision, adjourn to consider any issues raised by the employee
  • notify the employee of your decision on whether to extend or end the contract and the reason/s for your decision
  • where the outcome is not to renew the fixed-term or temporary contract, advise the employee of the opportunity to explore redeployment, provide an overview of the redeployment policy and establish if they wish to engage in this process
  • discuss any impact on the employee’s pension scheme membership
  • confirm the date the contract is due to cease and the last date in employment, taking into account the redeployment period if applicable

Possible outcomes of an informal meeting

/
  • dismissal on the grounds of redundancy or SOSR with contractual noticeor
  • dismissal on the grounds of redundancy with contractual notice and a redundancy payment (pending the outcome of the redeployment process) or
  • dismissal on the grounds of redundancy with contractual notice,a redundancy payment (pending the outcome of the redeployment process) and where over 55 years and a member of the pension scheme, with early retirement.
In a limited number of circumstances, you may decide not to dismiss the employee or where further information is required in order to reach a decision, adjourn the outcome.

How to confirm the decision

/ Youmust send a letter to the employee to confirm the outcome. Use the template letter to ensure you include all the necessary information.
The letter is sent ideally on the same day as the meeting but if not within 4calendar days and a copy placed on the employee’s personnel file or ePF.

Notice period and redeployment

/ The employee is entitled to their contractual notice.
The employee is entitled to redeployment which starts when contractual notice is issued. The redeployment period lasts for the duration of the notice period.
Where the employee wishes to engage in redeployment, this is offered in accordance with the Redeployment Policy. You are responsible for offering support to the employee during their redeployment period such as help looking for vacancies and completing application forms.

Part 2 -Employees who have more than two years continuous OPCC service

Policy stages

/ There are three possible stages:
  • formal meeting
  • notice period and redeployment
  • appeal

How to invite an employee to a formal meeting

/ You must write to the employee to invite them to a formal meeting. The letter must give up to 9 calendar days notice of the meeting.
Use the template letter to ensure you include all the necessary information.

Right to be accompanied

/ The employee has the right to be accompanied at a formal meeting or appeal meeting by anOPCC work colleague ortrade union representative.
It is the employee’s responsibility to arrange their own companion and advise management of this.

Alternativedate

/ An alternative date must be automatically scheduled for within 9 calendars days of the first. All reasonable efforts should be made by the employee and their companion to attend the first scheduled date but where this is not possible due to availability, the alternative date will be used.
If the employee is unable to attend or fails to attend the re-arranged meeting, this will normally go ahead in the employee’s absence.

What information

should be shared

/ You and the employee are expected to provide details of any significant issues and relevant papers in advance of the meeting. Your documents are normally supplied with the invitation letter.
The employee, or their companion, must submit their information to arrive at least 4 calendar days before the meeting.
You must provide the employee with two copies of any documents that will be used in advance of the meeting, one for them and one for their companion.

How to run a formal meeting

/ A formal meeting follows the same format of discussion as identified for an informal meeting.
With the following addition:
  • notify the employee of their right of appeal

Notice period and redeployment

/ The employee is entitled to their contractual notice.
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.
Where the employee wishes to engage in redeployment, this is offered according to the Redeployment Policy. You are responsible for offering support to the employee during their redeployment period such as help looking for vacancies and completing application forms.

Possible outcomes of a formal meeting

/ The possible outcomes of a formal meeting are the same as those identified for an informal meeting.

How to confirm the decision

/ Confirmation of the decision is the same as for an informal meeting.

Right of appeal

/ The employee has a right to appeal the formal decision. The employee must ensure their written appeal is received by their manager within 10 calendardays of the meeting, starting from the day after the meeting. If the grounds for the appeal are unclear, you should ask the employee to clarify the specific reasons and their evidence.

How to invite an employee to an appeal meeting

/ You must write to the employee to invite them to a formal appeal meeting. The letter must give up to 9 calendar days notice of the meeting.
Use the template letter to ensure you include all the necessary information.
The employee has the right to be accompanied.
An alternativedate will be arranged if requested.
You and the employee are expected to provide details of any significant issues and relevant papers in advance of the meeting.

How to run an appeal meeting

/ The chair of the meeting will:
  • ask the employee or their companion to present their appeal referring to any documents or evidence
  • ask you to respond to the appeal and present the grounds upon which previous decisions have been made, referring to any documents or evidence i.e. opportunities explored through redeployment
  • invite questions from all parties
  • adjourn, if necessary, to consider the evidence and decide on the outcome
  • let the employee know the outcome at the end of the meeting

Possible outcomes

/
  • the appeal is not upheld and the previous decision remains
  • the appeal is upheld and an alternative outcome is decided

How to confirm the appeal decision

/ The chair of the meeting must send a letter to the employee to confirm the outcome. A template letter can be used to ensure all the necessary information is included.
The letter is sent ideally on the same day as the meeting but if not within 4calendar days and a copy placed on the employee’s personnel file on ePF.
Support / Managers:
Any queries can be directed to HR Operations

How to guide

Governance

Hantsfile reference: / 6955669
Date of publication: / V1 – November 2014
Planned review date: / 3 years or sooner if required
Owner: / HR Operations
Managers’ How to Guide – Ending Fixed-Term or Temporary Contracts / Page 1 of 10