Introduction

This document sets out guidance for both managers/headteachers and employees on the process for making fixed term contracts permanent or extending them for a specified period of time. The document also sets out the process for ending fixed term contracts.

Managers/Headteachers should be aware that Fixed-term staff have the right to no less favourable treatment than a comparable permanent employee with regard to the terms of their contract. Fixed term contracts should only be used for specific reasons, for example, as follows:

• Maternity cover
• Long term sickness absence cover
• Sabbatical
• Unqualified teacher
• Completion of a specific project or task
• Where funding for a post is time limited

This is a non-exhaustive list, and there may be other circumstances where a fixed term contract is appropriate. If you require further assistance please contact the HR Service desk on 01296 382233.

Fixed term contracts should not be issued without one of the reasons listed above. Where fixed term contracts are issued, a reason should always be stated in the terms and conditions of employment for that individual. Managers/headteachers are expected to diarise the expiry of any fixed-term contracts and discuss the employee’s fixed term contract status at 1:1’s to provide transparency.

The School/Governing Body may end a fixed term contract at the planned end date, or an earlier date, if there is a legitimate reason to do so (e.g. project work completed, funding comes to an end, substantive post holder returns). 

Where work, undertaken for a particular project ends, the ending of a fixed term contract will be a dismissal on grounds of redundancy. In schools it is common practice that a fixed term contract may be issued for Learning Support Assistants to support a specific pupil. When the pupil leaves the school, if the LSA has been employed for more than 4 years the employee is deemed permanent. Where they have not been employed for 4 years every effort must be made to redeploy them in suitable alternative employment within the school. Where this is not possible the ending of the fixed term contract would be a dismissal on grounds of redundancy.

In most other cases the purpose of the fixed term contract is to cover events set out, above, such as maternity or illness. In these cases, the permanent employee will return to work and the work will continue, meaning there is no redundancy situation.

The termination of a fixed term contract is a dismissal, and in the example of the highlighted events such as maternity cover/illness, the reason for dismissal is some other substantial reason (SOSR) as set out within section 98 of the Employment rights Act 1996.

Buckinghamshire Council/School may delegate authority to a manager/teacher at a lower/higher level to that stated depending on factors such as availability and impartiality.