Ordinance XLIII

This ordinance shall apply to all staff to whom paragraph 3 of Statute XXI refers [1]. Provisions for all other staff shall be found in the relevant Conditions of Service.

1. The University acknowledges that fixed term contracts are not good models for long- term employment and is committed to reducing their use. It recognises the responsibilities placed on it by the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the aim of which was to avoid the abusive use of fixed term contracts through repeated renewals by employers. In all cases where fixed term contracts are proposed or in place there should be objective reasons for their use.
2. In accordance with Regulation 8 of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the following objective reasons or circumstances have been agreed in conjunction with Unison, Unite and UCU for the use of fixed term contracts. If the University proposes to use a fixed term contract in any other circumstance the reasons will be discussed with the relevant trade unions.
   • The post is needed to cover staff absence as appropriate (e.g. parental or adoptive leave, long-term sickness, sabbatical leave or secondment to another organisation)
   • The contract is to provide a secondment or career development opportunity
   • There is a need for short term input from specialist practitioners
   • The student or other business demand can be clearly demonstrated as exceptionally uncertain
   • There is no reasonably foreseeable prospect of short-term funding being renewed nor other external or internal funding being available or becoming available.
3. This last reason would normally include initial fixed term appointments, and short term extensions, that are supported by externally funded projects. Each appointment shall be for the length of funding agreed by the external body. Before any fixed term contract is offered, or extended, a statement of the objective reasons for its use must be produced by the recruiting department and agreed with Human Resources.
4. Where external funding is extended or new funding is secured which would enable the continuation of employment for an existing employee on a fixed term contract, schools are expected to use existing funds to bridge the period between the existing contract expiring and the new contract commencing. In the unlikely situation that schools do not have the funds available for this, an application can be made to the Strategic Portfolio and Resources Committee (SPaRC).
5. The Guide to Best Practice produced by the national Research Careers Initiative Working Group on Career Management indicates that a long-term career as a contract researcher within higher education is not possible or desirable for the majority of staff. In contrast to other staff groups, Universities have a moral obligation to provide training and experience for contract research staff so that they can then meet the needs of other employers in industry and society. Many research staff will form part of this vital flow of people at the end of their first University contract. The University is committed to providing training and careers support and guidance to assist with this transition to other employment.
6. It is the University’s expectation that it will be exceptional for employees to remain on fixed term contacts for periods exceeding four years. In accordance with Regulation 8 of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the objective reasons or circumstances set out in paragraph 2 have been agreed in conjunction with Unison, Unite and UCU with regards to when it may be appropriate to extend an employee’s fixed term contract beyond four years. In addition, where the employee has been employed in a number of different positions within the University on successive, separate fixed term contracts, it may also be permissible to extend an employee’s fixed term contract beyond four years. Research staff employed on successive research projects are excluded, however.
7. Each employee who remains in employment on a fixed term contract for such a period will have their position reviewed to see whether there are objective reasons, as set out above, for the continuation of the time limits on their appointment. If objective reasons in accordance with section (5) above cannot be established, their contract will automatically become indefinite. Individuals who do not have the time limits removed will be given details of the reasons for this decision and will be able to appeal to their Dean/Director. If the Dean/Director has been involved in the decision, the appeal will be heard by a Pro Vice Chancellor or the Chief Operating Officer. Individuals wishing to appeal must write to the Director of Human Resources within two weeks of receipt of the decision.
8. Sections (5) and (6) apply in situations where an individual has remained in the same position for the required period. Where an employee voluntarily accepts a new position on a fixed term contract, the four year qualifying period will be deemed to have commenced from the start of the new fixed term contract.
9. The University shall ensure that the expected duration of any fixed term contract is explicit in the contract of employment and this shall also serve as early notification of the termination of the contract. Three months’ prior to the expiry of the contract of employment, the University’s HR department shall write to the member of staff and their Dean/Director to alert them to the expected expiry date.
10. Appeals against the termination of a fixed term contract will be heard by the relevant Dean/Director of Professional Service.
11. Appeals may be submitted on the following grounds:
    • A failure to follow procedure which thereby led to an unjust outcome.
    • The imposition of an inappropriate or overly severe outcome considering the facts and mitigating circumstances.
    • New evidence which was not available to the appellant at the earlier stages of the process has become available.
12. Submitting an Appeal
    The full grounds for the appeal must be provided at the time of submission, including any supporting information the appellant wishes to be considered during the hearing.
13. Representation at the Hearing
    The appellant has the right to attend the hearing in person and may be accompanied or represented by a Trade Union representative (including a Full-Time Officer) or a University colleague of their choice, provided that person is not otherwise involved in the proceedings.
    If the appellant does not attend the hearing, the appeal may proceed in their absence.
14. Management Response
    The management representative who confirmed the end of the fixed-term contract will prepare a response to the appeal grounds.
15. Appeal Documentation
    A complete information pack—including the appellant’s submission and the management response—will be shared with all parties involved no later than seven days prior to the appeal hearing, where possible.
16. Conduct of the Hearing
    At the conclusion of the hearing, both parties will have the opportunity to summarise their cases. The appellant or their representative shall have the final right to speak.
17. Monitoring and Review
    This procedure will be monitored and reviewed at least every three years by the Director of Human Resources. Any necessary changes will be discussed and agreed with the Joint Negotiation & Consultation Committee (JNCC).

This policy and procedure were reviewed and agreed in September 2025 by the JNCC.

[1] Staff where a substantial proportion of their duties involve the provision of teaching, learning or research.