Fixed-Term Contracts are used widely yet the legislation around them is significant, and processes exist in ending these contracts. We have provided guidance on the Wes website to help you better understand fixed-term contracts and more will be coming soon.
Arranging Fixed-Term Contracts
Fixed-term contract are normally used to cover short periods for specific reasons. It is expected that the usual arrangements are for 3, 6 or 12-month or for periods that relate to terms and academic years, (but no longer than 4-years) and will depend on the reason. As with all new contracts, this type of contract needs to be set up using our New Contract or Change to Contract Forma, and must have an end date. This end date can be changed, the contract can be terminated early or an extension to the contract agreed towards the end of the stated period. Therefore, the end date is for indicative purposes. No fixed-term contracts will be issued without an end date.
Ending & Extending Fixed Term Contracts
We will remind you before the end date (usually the term before) of all fixed-term contracts that are due to end in the future (usually during the next term). Where we do not receive any further information from schools, we will make arrangements to end the contract in line with the end date given and so terminate the employee’s contract and salary payments. Best practice would be for you to provide a Leaver Details Form, however to stop any potential overpayments this is not essential as the original request will be used for the termination. If you take no action and the employee is not paid then you will be liable for any fees associated with correcting the situation, including making an emergency payment (see our guidance on this).
Where an employee continues in the role, then you must supply a Change to Contract Form a new end date as well as any other changes that may be required e.g. payment increment. Any new contracts, along with extensions, must provide one of the valid reasons that are outlined on the New Contract or Change to Contract Forms, even where this has not been done previously.
Fixed-term contract guidance is available on the WES website along with a sample letter which can be used to end such contracts.
We are here to help
For assistance please contact the HR Administration Centre