Ending a fixed-term contract
Last updated:If a fixed term contract isn’t renewed beyond the contractual end date
Fixed term contracts will end automatically when they reach the agreed end date unless they have been extended.
Action required - Please make sure to complete an LVTC (E-form) or update SIMS to SAP to inform HR about any extension or termination of a fixed-term contract. Although the contractual agreement will end, salary payments will continue until HR receives formal instructions.
If fixed term contracts expire on their stated end dates in connection with the highlighted events set out above, there will be no need to provide written notice.
If, however it is proposed to terminate a fixed term contract with an indeterminate end date, notice must be given to teachers in accordance with the Burgundy book and to support staff notice must be given under the terms of Bucks Pay Employment Conditions.
Notice for teachers, in accordance with the Burgundy book, are as follows:
- Notice must be given by the school/Governing body no later than 31st October in a given year to end the contract by the 31st December
- Notice must be given by the school/Governing Body no later than 28th February in any given year to end the contract by 30th April
- Notice must be given by the school/Governing Body no later than 31st May in any given year to end contract by 31st August
For support staff employed on Buckinghamshire Council’s Pay Employment conditions please refer to the employee’s terms and conditions of employment for the notice period.
The Council/school does not legally need to issue notice, however the manager/headteacher must meet with the employee at least 5 working days prior to the contractual notice period commencing to discuss the expected end to the fixed-term contract and reasons why they are not proposing to extend the contract.
Employees have the right to be accompanied by a trade union representative, a work colleague or an official employed by a trade union at this meeting and should confirm whether they will be accompanied prior to the meeting. See letter 1 - invite to Fixed term contract meeting.
Any termination of a fixed-term contract will be confirmed by the manager/headteacher in writing but the authority to dismiss must come from the Chair of Governors prior to any dismissal. The letter should set out the reasons why the contract has not been extended. See letter 2 -outcome of fixed term meeting.
The employee may be entitled to a redundancy payment after 2 years’ service if the reason for non-renewal is redundancy.
Suitable alternative employment must be considered for the employee within the school prior to any termination of a fixed term contract and employees are also able to check the Intranet themselves for other opportunities across the Council.
Employees in maintained schools will be able to access details of all vacancies within the Council via the intranet and will be placed on the Employment Transfer Register (ETR) which will ensure they are given priority for suitable roles within the Council. To find out more and to apply for inclusion, please visit You and Work on The Source.
If the employer wants to end the fixed term contract earlier
Where managers/headteachers are considering ending a contract early for any reason, they should liaise with Buckinghamshire Council HR in the first instance.
If an employer wishes to end a fixed term contract early (e.g. if a permanent employee returns early from maternity leave or a project comes to an end earlier than expected) then they must meet with the employee to set out the reasons why, at least 5 working days prior to the contractual notice period commencing. See letter 1 - invite to Fixed term contract meeting.
Employees have the right to be accompanied by a trade union representative, a work colleague or an official employed by a trade union at the meeting and should confirm whether they will be accompanied prior to the meeting.
At the meeting, the employee must be informed of the reasons for ending the contract early, and the proposed termination date. Any termination of the contract will be confirmed by the manager in writing, setting out the reasons why the contract has been ended early, see letter 2 - outcome of Fixed Term Meeting.
Employees will usually be issued with their contractual notice prior to the confirmed termination date. Alternatively, employees can be issued with pay in lieu of notice where they are not required to work part, or all, of their notice period.
The employee may be entitled to a redundancy payment after 2 years’ service if the reason for non-renewal is redundancy.
Employees in maintained schools will be able to access details of all vacancies within the Council via the intranet and will be placed on the Employment Transfer Register (ETR) which will ensure they are given priority for suitable roles within the Council. To find out more and to apply for inclusion, please visit You and Work on The Source.