Fixed-term contracts policy and guidance

1.0 Policy statement

Birkbeck will ensure, as far as possible, security of employment for its staff. The College will, in general, offer staff open-ended contracts when staff are engaged for work. In some circumstances however, where it can be objectively justified, it may be necessary to engage staff on a fixed-term basis.

Where the need for fixed-term contracts (FTCs) arises, the College will ensure that staff employed on a fixed-term basis are treated fairly and their employment rights respected.

1.1 Scope

The policy for FTCs applies to all staff. However, variations in the application of this policy will also apply based on the duration of the FTC and the member of staff’s length of service.

2.0 Procedure

2.1 Objective justification

The objective justification must be clearly stated when employing an individual on an FTC. Instances where there are legitimate reasons for employing staff on FTCs include the following:

• to cover the work of a substantive post holder who is temporarily away from the College but who will return in due course (e.g. study leave, sickness absence, secondments, maternity or adoption leave)
• the post is in consequence of the opportunity provided by Birkbeck to undertake a secondment or career development position
• the post is in consequence of the requirement to provide time limited specialist expertise and/or recent experience that was not previously available at Birkbeck e.g. a specific skill linked to a project.
• the post is paid for by external funds and this money is only available for the period stated (subject to extension if there is a consequent extension of funds).
• to meet fluctuating demand for short courses, particular modules or schemes of study or to meet seasonal fluctuations in demand for a limited period.

2.2 Authorisation of FTC

Once the objective justification has been identified, all FTCs will:

• state the reason for the FTC
• include an early termination clause allowing either party to give notice
• specify the termination date; or
• identify the key tasks that need to be performed and once achieved the contract will come to an end; or
• end when the absent member of staff returns to their post, or when the absent member of staff confirms that they will not be returning. If the College intends to recruit to the post on an open-ended contract basis, the position will be advertised.

2.3 Probation for staff on FTC

During a fixed term contract, the normal probationary periods still apply.

If the member of staff is confirmed in post following the successful completion of their probation period, the non-renewal of a FTC should not be used to manage poor performance if the objective justification of a fixed term contract still applies, the normal performance management processes need to be followed.

Where staff are appointed on a fixed-term contract of less than the normal probation periods, then all of their appointment shall be considered to be probationary. The probation period is not reduced. If the fixed-term contract is subsequently extended or made permanent then the individual's probation period should continue in the new contract until the sum of both periods reaches the normal duration of the probation period, at which point the probation should be confirmed or not confirmed according to the terms of the Probationary Procedure.

2.4 Fixed term contract review

Line Managers receive an automatic alert from Business World notifying them of staff on fixed term contracts that are coming to an end.

The HR Business Partnering Team will discuss when fixed term contacts are coming to an end at a monthly meeting with the Director of Professional Services or the Executive Dean and Director of Operations.

2.5 Extension/renewal of FTC

Fixed-term employees who have been continuously employed for four years or more on a series of successive fixed-term contracts will automatically be treated as permanent employees (that is, employed under an indefinite contract), unless the continued use of a fixed-term contract can be objectively justified (see section 2.1).

Where a member of staff has been continuously employed on a FTC(s) for four years, the College will undertake a review to ascertain if there are objective justifiable reasons for the issuing of a short extension, in which case Human Resources will confirm that the contract will remain fixed term (e.g. the funding or project has been extended for a time limited period). In such circumstances, the length of any extension should not normally be for longer than six months and advice should be sought from Human Resources.

2.6 Termination of FTC

The non-renewal of a FTC is, in law, a dismissal. In many cases the reason for that dismissal will be redundancy but there can be 'other substantial reasons' which relate to an individual’s FTC ending as a result of, for example, the return to work of a member of staff who was on leave due to sickness, study leave, maternity or career development which subsequently eliminates the need for a FTC.

Following notification of the potential end of a fixed term contract, the line manager must meet with Human Resources to discuss the options available for the member of staff and the actions required by the line manager.

Following the meeting, the line manager will meet with the member of staff to either:

• confirm that the FTC will come to an end by reason of redundancy (see paragraph 2.6.1) and there is no objective justification to extend, if the contract was for more than two years they will be entitled to redundancy payment; or
• notify them that the termination is for 'some other substantial reason'. (see paragraph 2.6.2).

In both cases the line manager will confirm that all accrued annual leave must be taken before the end of the contract.

2.6.1. Termination on the grounds of redundancy

The expiry of an FTC is a redundancy if the work for which the staff member was employed has diminished or ceases to exist. This includes projects which have run their course, or research funded work that has come to an end due to the absence of funding.

The staff member may be entitled to a redundancy payment provided that they have completed a minimum of two years' continuous service at the date their employment ends (see Redundancy policy for calculation formula).

Where a member of staff is entitled to a redundancy payment the senior manager needs to seek approval from the chair of Human Resources Strategy and Policy Committee (HRSPC) in order that a payment may be made.

Staff with two years or more continuous service at their expected last day of service will be invited to attend a meeting with their line manager ideally at least four weeks before their notice period would start. They will be notified of their right to be accompanied to the meeting by either a trade union representative or a Birkbeck work colleague. A written record should be kept recording the outcomes and forwarded to Human Resources.

During the meeting, staff members will have the opportunity to discuss openly ideas they may have to avoid or mitigate the redundancy. The line manager will confirm that all accrued annual leave must be taken before the end of the contract.

If a decision is made that the individual’s employment may end by reason of redundancy they will be placed on the redeployment register, for the remainder of their employment, including their notice period. They will be notified of any vacancies and if they feel that any posts would be suitable alternative employment which they wish to apply for, the recruiting manager will be advised that they are on the register.

During the notice period, the line manager will continue to discuss other opportunities with the member of staff to mitigate against the redundancy, for example funding may become available at any point during this period.

2.6.1.1. Appeals procedure

Any staff member with over two years' continuous service who has received confirmation that they are to be dismissed on the grounds of redundancy under this procedure, has the right to appeal this decision. Staff eligible to appeal may do so either because they feel that they have been unfairly selected for redundancy; or because they feel that there has been a procedural failing.

Appeals should be made in writing, stating in full the grounds for the appeal, to the Deputy Director of Human Resources within 10 working days of receiving written confirmation of notice of the redundancy. The staff member has the right to be accompanied either by a trade union representative or a Birkbeck work colleague when attending an appeal meeting.

Appeals will be heard without unreasonable delay normally within 10 days of receipt of the appeal. This timescale may be extended depending upon the availability of those involved.

The appeal will be heard by a panel chaired by a senior manager, a panel member from a different faculty/Professional Services department who has not previously been involved directly in the case together with a HR representative. The panel will review all of the detail of the case, the evidence provided and inform the employee in writing of their decision normally within 10 working days of the appeal meeting. The Chair will make the final decision, if a consensus cannot be reached and the decision of the appeal is final.

2.6.2. Some other substantial reason for dismissal

Individuals who are employed to cover the absence of another member of staff and whose contracts expire on the return of that individual are deemed to be dismissed for ‘some other substantial reason’ and do not come under the lawful definition of redundancy. The College has not required a reduction in staff numbers.

This will include cases where individuals are:

• employed to provide cover for maternity/paternity/adoption leave until the substantive post-holder returns to work
• employed to provide cover for prolonged sickness absence until the substantive post- holder is well enough to return to work
• employed to provide cover for staff, for example on career break, study leave or secondment until the substantive post-holder returns to work; and
• offered work on the grounds that this will provide valuable work experience, career development or training or supports a student in the fulfilment of their studies.

Staff with two years or more continuous service at their expected last day of service will be invited to attend a meeting with their line manager ideally at least four weeks before their notice period would start. They will be notified of their right to be accompanied to the meeting by either a trade union representative or a Birkbeck work colleague. A written record should be kept recording the outcomes and forwarded to Human Resources.

2.6.3. Termination of Teaching and Scholarship (T&S) staff

For T&S Staff at Associate Lecturer level A, Demonstrators and Associate Tutors, their line manager is normally the Teaching and Collaborations Manager. The Head of Operations – Education and Student Experience is normally the line manager for Associate Lecturer B and Senior Associate Lecturers.

Following notification of the potential end of a fixed term contract the line manager will arrange a meeting with the member of T&S staff to discuss their options as appropriate:

• Extension to the current fixed term contract
• An open-ended contract (normally after a contract has been extended previously and the employee’s length of service is now four years or more).
• Contract termination / redundancy stating:
  • the reason for the dismissal
  • the contract will be ending on the specified date
  • the commitment to keep the member of staff informed of vacancies and suitable redeployment options
  • the amount of any redundancy payment (if employed for over two years continuously)
  • the staff member’s right to appeal the dismissal normally within 10 working days.

The line manager in consultation with the HR Business Partnering Team will then write to the member of staff confirming what was discussed at the meeting and that their fixed-term contract will be ending on the expiry date.

In some instances, T&S staff may not wish to attend the meeting with their line manager, for example if it was short term contract to cover seasonal demand, in this case they should notify their line manager in writing.

3.0 Guidance

The information contained in this section reflects legal guidance and good practice which are designed to support the implementation of the policy.

3.1 Employment rights of fixed-term staff

All staff on an FTC will:

• have the same pay and conditions as staff in equivalent roles on open-ended contracts
• have the same or equivalent benefits package
• have access to a College pension scheme
• be informed about any employment opportunities at the College via a weekly email from Human Resources; and
• have protection against selection for redundancy or dismissal purely on the basis of their fixed-term status, unless there is an objective justification for doing so.

4.0 Responsibilities

The following have responsibilities under this policy.

Related policies: Redundancy policy and Recruitment and selection policy

Related documents: fixed term contract meeting form

Fixed Term Contracts Version no: 3.0

Policy Owner: Human Resources

Approved by:

• Board of Governors (substantive version 1.0)
• HR Strategy and Policy Committee (substantive version 2.0 and minor update 2.1)
• University Executive Board (version 3.0 minor update)

Date approved:

• Version 1.0: November 2005
• Version 2: August 2009
• Version 2.1: March 2011
• Version 3.0: May 2025