Managing and ending fixed-term contracts

Summary
Applies to: all fixed-term appointments1
When a fixed-term contract is issued, it is accompanied by a contract cover letter which sets
out the reasons that the contract is for a fixed term. The reason(s) should be one, or more,
of the following:

1. to cover temporary staff absence, [e.g. sabbatical leave, parental leave, sickness
absence, secondment]

2. to provide specialist expertise or experience which is required for a specific time or

for a specific project [details of project or reason for time limit to be specified]

3. to develop a product or service for which the outcome and future need is uncertain
[details of e.g. the course or service which is under development to be specified]

4. the post is intended specifically to provide a time-limited period of training or

development [details to be specified]

5. to work on, or provide specialist expertise or experience to, a research project

which is dependent on an external research grant and for which there is no
expectation that the work will continue beyond the availability of that external funding
[project and grantor to be specified]

6. because the appointment is limited to the fixed period for which a valid visa or work
permit has been issued.

As the fixed-term contract end date approaches, unless an extension is already agreed,
departments should consider whether the need for the post has ceased or diminished in the
context of the original objective justification.

For example:

1. the employee was covering a post during a period of maternity leave/other absence
and the substantive postholder is returning to their post;

2. the employee was needed to provide some specialist expertise for a particular
project, and the project no longer needs these skills, or the project is now ending;

3. the employee had particular skills and experience which were required to develop
and set up a new service but different skills and experience are required to manage
and/or deliver the service on an ongoing basis;

4. the employee was employed whilst undertaking a clinical PhD and the PhD is now
complete.

1
Except apprentices who are covered by separate arrangements. The arrangements here apply
equally to part-time or variable hours staff in fixed-term contracts. Where staff work to a very irregular
variable hours pattern advice should be sought regarding calculation of redundancy payments.
 5. the post was to provide specialist expertise on a research project which was
externally-funded for a limited time and either the project has ended or no further
funding is available to continue the project, so work on the project will cease or
diminish;

6. The period of the individual’s visa or work permit is ending.

Whilst not all of these reasons are formally ‘redundancy’, for the purposes of this guidance
the University treats them all in the same manner.

In all cases the reason for dismissal must be fair and transparent.

After due consideration, if it appears that the need for a post which is approaching its
expected end date has ceased or diminished the department should consult with the
affected individual, at least 3 months before the contract is due to end, to advise them that
their post is at risk.

An individual whose post is at risk may be offered a suitable post within their own
department, if one is available, without such a post needing to be advertised.

Employees with two or more years’ service should also be offered the option of assistance
with redeployment to a suitable alternative post within the University more broadly. This may
include assistance with job search and being identified as a ‘priority candidate’ for advertised
vacancies within other departments.

In the event that it has not been possible to either extend or renew the appointment, or
redeploy the individual, a formal letter should be sent one month before the contract is due
to end, confirming the expiry of the contract. If the individual has two or more years’ service,
and the reason for the contract expiry is redundancy, the letter should set out the details of
the redundancy payment due in the event that the contract ends without further employment
within the University having been found.
Detailed process
Capability or performance

The dismissal of a fixed-term member of staff on the grounds of performance or capability –

before, or at the end of, the contract – must be dealt with in the same way as for permanent
staff and an appropriate capability or disciplinary process followed.

The process outlined here is not appropriate in such cases, or in cases where the contract is
being ended either during a probationary period, or ended prematurely for other reasons (for
example due to unexpected withdrawal of funding). The process outlined below should only
be followed when a member of staff is approaching an expected fixed-term contract expiry
date.

On appointment (or whenever a fixed-term contract is renewed or

extended):

Applies to: all fixed-term appointments

Action for departments:

 The contract cover letter must accurately identify the reasons for the fixed-term
contract.
 The induction (or contract renewal) processes for fixed-term staff should include
information about the support available to staff at the University with regard to
training and career development. The purpose of this is to ensure that, whilst
employed, individuals have access to the range of available training and
development resources which will assist them with finding alternative
employment at the end of the contract.
 Probation periods should be managed carefully in line with the guidance.
 For research staff: new research staff should be made aware of:
o the Oxford Learning Institute’s regular Welcome event for researchers
which covers key information about support and career development
opportunities.
o The support for researchers website which brings together key information.

Action for individuals:

 Individuals should seek out and engage with the development opportunities
available to them from the beginning of their period of employment.
 Individuals should participate in induction and actively engage with the probation
process: understanding their probation period, and ensuring that they are offered
sufficient probation review meeting(s) and support and training to successfully
complete the probation period.
 Research staff should attend a Welcome Event for research staff and familiarise
themselves with the range of support available, for example by exploring the
support for researchers website.
On a rolling basis

Applies to: all fixed-term appointments

Action for departments:

 Using Report “PERDEP02_FTC End Dates” departments should regularly review

contract end dates (e.g. monthly) together with the rationale for the fixed-term
contract, looking at least 12 months ahead. Departmental HR teams should liaise
regularly with line managers so that, where appropriate, efforts can be made in a
timely manner to secure alternative funding, or take other actions to avoid
redundancy.
 Where the post is academic-related and external grant funded, and the post
meets the requirements, consideration should be given to whether an open-
ended, externally funded contract may be appropriate.
 Through such mechanisms as PDR, mentoring and/or other ongoing
management discussions departments should ensure that there is regular
discussion with fixed-term staff about their contracts. Such discussions should
include reminding staff of their contract end date, and discussion about both the
future prospects for continuation of the post and the individual’s wishes and
career plans in this regard. [See: the Code of Practice for the Employment and
Career Development of research staff, in particular guidance for PIs at
www.admin.ox.ac.uk/personnel/cops/rsemp-career/piguide/reflectqs/]

Action for individuals:

 Individuals should ensure they are aware of the contract end date and engage
with opportunities to discuss prospects for continuation, or progression, with their
supervisors.
 Individuals should consider their own career aspirations beyond the end of the
current contract and take advantage of career development/training opportunities
which will maximise their future employability, and seek out PDR discussions,
mentoring and other development opportunities.
 The online information and guidance provided by the University’s Careers
Service, and in particular the ‘Useful Career Resources’ summary document
should be consulted and used.
 Research staff: consider using services such as workshops and one-to-one
advice sessions available to research staff through the Careers Service. Tools
such as the Researcher Skills Toolkit can also help to identify skills and
experience gaps that can be addressed during the course of the current contract.

Action for Personnel Services:

 Personnel Services will consult the recognised trades unions - UCU, Unison and
Unite - about fixed-term contracts which are due to expire, at regular (currently
quarterly) meetings. There is normally no requirement for direct departmental
involvement. Departments will, however, be requested to provide to Personnel
Services such further information about individual contracts or groups of contracts as
is needed to ensure effective consultation with the unions.
As fixed-term contract end date approaches

Applies to: employees with less than two years’ continuous service at the
anticipated contract end date

The process/assistance outlined in this guidance applies only to employees who at the
anticipated contract end date will have less than two years’ continuous service with the
University. For staff with two or more years’ service follow the guidance at:
www.admin.ox.ac.uk/personnel/end/red/endftc/eoc2years/

Stage 1 – consider alternatives to ending the contract

Action for departments

No later than four months before the contract is due to end: departments should
consider, by reference to the objective justification for the fixed-term period, whether the post
is likely to end. The department and line manager should consider all alternative options to
the expiry of the contract.

If the contract can definitely be renewed/extended then the appropriate arrangements for
renewal/issuing of a new contract (including any local arrangements regarding approvals for
the new or extended post) should be followed.

In all other cases the process below should be followed.

Stage 2 – remind employee of the contract end date

Action for departments

Three to four months (but no later than three months) before the contract is due to
end (unless it is possible to extend or renew the contract), the employee must be reminded
of the contract end date. Pro forma letter X5 provides the key information and departments
may arrange to meet with the employee to go through the letter in person, if appropriate, or
may simply send the letter to the individual. The letter:

- reminds the individual of their contract end date;

- advises them that all University vacancies are advertised within the University’s Jobs
pages, and that they are eligible to be considered for ‘internal only’* vacancies;
- reminds them of the careers/job search advice provided by University’s Careers
Service, including the ‘Useful Career Resources’ summary document
- advises them that they may take reasonable time off to seek alternative employment
(for example, in order to attend interviews, undertake training or other career
development events which take place during the working day);
- reminds them that all holiday should normally be taken before their last day of
employment;
- provides the name of the person to whom they should address any questions

*All current staff, regardless of length of service, may apply for vacancies advertised as
‘internal only’. However, only those with at least two years’ continuous service with the
University are eligible to be considered as priority candidates.
Action for individuals

 Individuals should engage with job search activities, such as preparing an up-to-
date CV, searching job sites (both the University’s Jobs pages as well as external
resources to maximise the chances of suitable employment being found), applying
for suitable posts, following job search guidance available from resources such as
the University’s Careers Service.
 The support and guidance available from the Careers Service about job search
skills should be reviewed. Research staff, in particular, have a range of resources
available to them, included a careers adviser and targetted information through the
Careers Service, and are encouraged to take maximum advantage of the
opportunities available.
 Where individuals need time off for activities such as attending interviews, or
training courses which can only be undertaken during working hours this should be
requested through the normal departmental routes.

Stage 3 – Confirm contract expiry

Action for departments

One month before the contract is due to expire: if it has not been possible to find suitable
alternative employment the employee should be written to (pro forma X6), confirming their
contract expiry date and the arrangements for ending their employment. This is likely to
include: handover arrangements; a reminder that all holiday should normally be taken before
the last day of work; details of arrangements for returning equipment, access cards, handing
over data, closure of email accounts, etc.)

N.B. If the employee is absent from the workplace, for example due to extended
sickness leave or on maternity leave, departments should consult their HR business
partner.
As fixed-term contract end date approaches

Applies to: employees who, at the expected contract end date, will have two or
more years’ continuous service

The process/assistance outlined in this guidance applies only to employees who, at the
expected contract end date, will have accrued two or more years’ continuous service with
the University. For staff with less than two years’ service follow the guidance at:
www.admin.ox.ac.uk/personnel/end/red/endftc/eocunder2/.

It is important to keep a record of discussions and actions and the End of Fixed-Term
Contract: Record of Consultation form provides a means of recording key information.

Stage 1 - considering alternatives to ending the contract

No later than 4 months before the contract end date:

Action for departments

 By reference to the original justification for the fixed-term, the department and line
manager should consider all alternative options to the expiry of the contract, including
(for academic-related externally funded staff) whether an open-ended externally
funded contract could be considered.
 If the contract can definitely be renewed/extended then the appropriate
arrangements for renewal/issuing of a new contract should be followed.
 In all other cases, the End of Fixed-Term Contract: Record of Consultation form
should be used to summarise the discussions between departmental HR staff and
the line manager about the current position regarding the post (likelihood of contract
being ended, consideration of alternatives to ending the contract).

Stage 2 - reminding staff of the end date and offering a meeting

No later than 3 months before the contract end date

Action for departments

Unless it has been possible to offer a contract extension or new contract the department
should:

 decide who will be the appropriate key contact for the individual in co-ordinating the
end of contract process and providing assistance. This may be the line manager,
departmental administrator, or a member of the HR team, as appropriate to the
department. It is important that this is someone who can provide support through the
redeployment process.
 The individual must be invited to a consultation meeting (pro forma letter X1). They
must be given five working days’ notice of the meeting and advised that they have the
right to be accompanied by a trade union representative, or colleague from within the
University, if they wish. The purpose of the meeting is to remind staff of the
approaching contract expiry date and consult on the prospects for alternatives to
ending the contract, taking account of the postholder’s aspirations.
 If the individual does not wish to engage with this process (for example, because they
have already secured future employment, or are moving to another area/country) they
should sign the declaration (sent with the letter) to this effect on the pro forma letter
 and return this to the department’s HR contact/team. The letter should be retained on
file and the department should move to Stage 5: confirming the contract expiry.
 If the individual fails to respond to the initial invitation, one attempt should be made to
rearrange and a second meeting date offered, giving five working days’ notice (pro
forma letter X2).
 If the employee fails to respond to a second invitation, then pro forma letter X3 should
be sent confirming arrangements for ending the contract, and setting out the details of
any redundancy payment which is due and the arrangements for appeal. The
department should move to the guidance set out below at Stage 5: confirming the
contract expiry, concerning making the redundancy payment.

Stage 3 - consulting staff and considering redeployment (where the employee wishes to
attend a meeting)

Action for departments

Before the meeting:

 the department should prepare a priority candidate cover letter for the employee
which explains the employee’s grade, job title and contract end date, as well as
briefly explaining the reason that the contract will end by reference to the original
justifications for the fixed-term contract.

At the meeting the employee should be:

 advised of the likelihood that the contract will end, and the reasons for this;
 given the opportunity to put forward any suggestions as to how the post might be
continued. Any such suggestions must be considered. However, it is recognised
that in some cases, for example where the post is to cover the absence of the
substantive postholder, or the employee is employed on a limited term visa which
may not be renewed, or employed on a project which is ending, there may be little
scope for flexibility;
 advised that they are entitled to time off during the working day to attend interviews
or relevant training;
 asked about their own career plans and whether they wish to be considered for
suitable alternative employment* within the University. This process is referred to
as redeployment, and the period between the individual being given notice that their
contract may end, and the actual contract end date is the redeployment period.

*Suitable alternative employment is defined as a post where the individual’s skills

and experience match the selection criteria for the post, or might be able to do so
given a short period of training. Suitable redeployment opportunities will normally be
posts at the same grade or, in some circumstances, a lower grade than the post
currently held. Posts at higher grades (i.e. promotion opportunities) will not be
considered as suitable alternative employment for redeployees although the
individual may of course apply for such posts in open competition. The type of role
the individual currently holds will inform whether suitable alternative employment is
likely to arise during the three month redeployment period and this should be
discussed openly during the consultation meeting. For example, if the individual is
engaged in a generic role such as administration, IT, or in a research role with
generic skills then the likelihood of a suitable post arising is higher than for someone
with very specialist research skills.
If the individual expresses interest in seeking redeployment they should be advised that:

 in the event that a potentially suitable vacancy occurs within the currently-employing
department during the redeployment period, they will be invited to discuss it before it
is advertised more widely. In the event that they are found to be suitable match, and
wish to take up the post, they will be offered the post without the need for a formal
application process (unless there is more than one priority candidate within the
department, in which case an internal, competitive process may be required);
 all University vacancies are advertised through the University’s Jobs website so they
should regularly consult this if they wish to look for jobs in the University more
broadly;
 assistance is availble, if necessary, with use of the e-recruitment system;
 where a vacancy which might represent suitable alternative employment arises in
another department of the University during the redeployment period they may
request to be considered as a ‘priority candidate’ [see below] for the post. The
individual should be given the priority candidate confirmation letter and notes [pro
forma letters P1 and P2] and the process should be explained;
 guidance and advice on job search skills are available for all staff from the University
Careers Service website. For research staff additional assistance is available, such
as one-to-one meetings with careers advisers and workshops.

The department should exercise discretion in the level of assistance a member of staff may
wish or require.

The End of Fixed-Term Contract: Record of Consultation Form should be used to record the
meeting and a copy of this form may be given to the individual or, if preferred, the
department may write to the individual summarising the discussion after the meeting.

Action for individuals

The effectiveness of redeployment efforts are dependent upon the full engagement of the
staff member concerned. Staff wishing to seek redeployment are expected to exercise
flexibility in the types of work they will consider and to actively engage with the process by:

 regularly checking the University’s jobs pages;

 submitting applications for appropriate posts;
 asking for assistance as required;
 seeking training where this may improve employability.

Stage 4 - priority candidates

This stage only applies where employee has expressed the wish to be able to apply for
posts in other departments as a priority candidate

N.B. If the employee will require a Certificate of Sponsorship in order to take up a new
appointment with the University then it may be that the application process for the Certificate
of Sponsorship will require that the individual has been appointed in open competition. See
www.admin.ox.ac.uk/personnel/permits/tier2/overseas/changesofemployment/. Advice
should be sought from the Staff Immigration Team in case of doubt.

Action for departments

 Once an individual has expressed the wish to be considered as a priority candidate

for suitable redeployment opportunities, the department should request an up-to-date
 copy of the individual’s CV so that they can be considered for any vacancies arising
within the department.
 Whenever a vacancy arises within the currently employing department, before the
post is advertised, the HR contact should consider the CVs of any current priority
candidates within the department to see whether the post might represent a suitable
redeployment opportunity. The HR contact should consult with the line manager for
the vacancy as appropriate to assess the skills and experience of the individual
against the requirements of the post.
 In the event that the post looks as though it may be a suitable match the employee
should be invited to discuss the post. If more than one priority candidate within the
department may meet the selection criteria then they must both/all be invited to
discuss the post. In the event that more than one priority candidate is interested in
being considered then an internal competitive selection process may be required, for
example, interviewing the candidates and asssessing them against the selection
criteria.
 If, after discussion, it is agreed that a priority candidate is a suitable match for the
post then they should be offered the post without the need to advertise.
 In order to allow the individual to apply as a priority candidate for posts in other
University departments, the department should ensure that the employee has a
priority candidate cover letter [pro forma P1] and understands the instructions below.

Action for individuals

 Provide an up-to-date CV to the HR contact, in order to be considered for vacancies

arising within the currently employing department.
 Whenever a University of Oxford2 vacancy that the individual considers to be a
suitable redeployment opportunity (i.e. where they meet all the essential criteria) is
identified the employee should:
- make an application as stipulated in the advertisement for the vacancy; and
- attach their priority candidate confirmation letter to the application (by uploading it
to the e-recruitment system); and
- ensure that their covering letter, or supporting statement, explains (i) that they
wish to be considered as a priority candidate and (ii) how they are able to
demonstrate that they meet each of the selection criteria for the post.

Action for recruiting departments

Before placing a job advertisement recruiting departments should consider whether the post
could be offered as an ‘internal only’ vacancy. This is most likely to be appropriate where it
is likely that there are a number of people currently employed by the University who would
have the appropriate skills and experience to do the job, for example in roles such as
administration, finance, personnel, etc.

Whether the post is advertised as ‘internal only’ or advertised more widely, recruiting
departments should:

2
i.e. a post where the contract of employment would be offered by the ‘Chancellor, Masters and Scholars of
University’. This does NOT include vacancies within:
 Colleges and other affiliated organisations;
 The Oxford University NHS Trust, except where the employer is the University of Oxford and the
contract would be ‘Chancellor, Masters and Scholars’;
 Wholly owned subsidiary companies, such as Isis Innovation Ltd.
  at the outset of any shortlisting exercise, identify any priority candidates who have
applied;
 highlight priority candidates to shortlisting panels and ensure they are aware that
priority candidates should be given preferential consideration for the post;
 ensure that where a priority candidate appears to meet the selection criteria for the
post they are shortlisted for interview, wherever possible;
 review and discuss priority candidates before other applications are considered. If
the department considers that the priority candidate may be a good fit for the post,
and wishes to interview them before considering other applicants, they may do so,
(as long as this does not cause an unacceptable delay for other candidates);
 If the priority candidate is to be shortlisted together with other candidates, they should
be offered the opportunity to be interviewed before the other candidates (i.e. as the
first candidate of the day) if they wish.

If the priority candidate is not selected the letter of rejection [pro forma letter P2] should be
sent to the individual and a separate letter sent to the currently employing department with
feedback on where the application fell short of the required criteria [pro forma letter P3],
which is important in assisting redeployees.

Trial periods: wherever a priority candidate is selected for a post the post should be offered
on whatever type of contract was advertised (i.e. fixed-term, permanent or open-ended
externally funded) but the individual may request to accept the post on a trial basis for a
period of up to one month. The purpose of the trial period is for the individual to assess
whether the post represents a suitable redeployment opportunity without losing their
entitlement to a redundancy payment in the event that the post is not suitable. By starting
the trial period, their previous employment is ended, and all appropriate end of employment
actions (returning of keys, equipment, completion of leavers paperwork, etc) should be
completed. If, within the agreed trial period, the employee decides that the new post is not
suitable for them, they may ask to end the trial period and at this point their employment with
the University will end and the redundancy payment they were due from their previously
employing department should be made. (The previously employing department is
responsible for making this payment).

Stage 5 - confirm that the contract will expire

No later than 1 month before the contract end date

No later than one month prior to the scheduled expiry of a fixed-term contract, if employment
has not been renewed or extended, and no suitable redeployment opportunities have been
found, the department must write to the employee confirming that their contract will expire,
using pro forma letter X4. This letter should include information on redundancy pay and the
right to appeal.

Notice Period

Fixed-term contracts provide notice of the date on which, subject to renewal or extension,
the employee’s employment will come to an end. As a result, there is no contractual
requirement to provide a further notice period if employment is expected to end on the date
specified in the employment contract.

Redundancy payment

Employees on fixed-term contracts are entitled to a statutory redundancy payment if they

have worked continuously for the University for at least two years and their post is being
made redundant. Whenever a redundancy payment is made, the employee must be given a
written statement showing how the payment has been calculated.

Employees may, however, not be entitled to a redundancy payment if they:

 have found, or been successfully redeployed, to another post within the University;

 have been offered and refused suitable alternative work without good reason;

 leave employment before the end of the notice period (by resignation) in order to take
up alternative work whether within the University or elsewhere; or

 have been employed to cover a maternity/sickness absence leave, or their contract is

ending because their limited term visa is ending, but the post they occupy is not
being made redundant.

An employee does not have to make a claim to redundancy pay in order to be entitled to it.
The employing department must calculate the statutory redundancy payment using the
calculator tool on the Gov.uk website and then process this payment in CoreHR by following
the instructions in the QRG:EA1.

Departments that do not use CoreHR directly should notify the HRIS Data Services team via
the Data Services Leaver Form, which should be uploaded onto Sharepoint in order for the
Data Services team to process this payment in CoreHR.

The redundancy payments will normally be made with the final pay or in the next available
pay period after notification as a bank transfer payment.

Employees who, on leaving University employment, receive a redundancy payment should

not be re-employed by the University in any capacity for a period of at least four complete
calendar weeks (a calendar week being judged to start on a Sunday) after the leaving date.
For further information contact your HR Business Partner.

Stage 6 - Appeal

Fixed-term employees have the right to appeal against notice of dismissal on grounds of
redundancy. Details of the appropriate appeal process are included in the notice of dismissal
(pro forma letter X4).

Any appeal must follow one of two processes:

For academic and academic-related staff

 appeals are made and considered under Statute XII, Part H

For support staff

 appeals are made and considered under arrangements for a Redundancy Panel

In all cases, every effort will be made to hear appeals before the date on which the
individual's employment is due to end. Employment will not be extended to hear the appeal.
If it has not been possible to hear the appeal before contract expiry date (the “date of the
dismissal”), an employee whose appeal is successful will be reinstated with full continuity of
service and no loss of pay or other employment benefits. The employee will be required to
return any payment made in respect of any termination of employment.

Short extensions

In the event that a short contract extension (up to six months) is arranged during the course
of the procedure outlined here, then the pro-forma contract extension letter should include
the relevant additional paragraphs reflecting this.

Any assistance with redeployment which has been agreed may continue if required by the
individual, but the individual may only be considered as a priority candidate from three
months before the new contract end date. A new priority candidate cover letter (proforma
letter P1) should be issued at the appropriate time, reflecting the new contract end date.

Where a contract extension of more than six months is agreed (or where a contract
extension of less than six months is arranged before any of actions outlined in the section
headed“As the fixed-term contract end date approaches” have been started) the process
outlined in this guidance should be started from the beginning at the appropriate time