Fixed Term Worker Guidance for Managers

1. What happens if the fixed term contract comes to an end and cannot be renewed due to a lack of funding?

Where the contract would have been renewed but for a lack of funding, this will constitute a redundancy situation.  Line managers and Departments should consult with staff at risk of redundancy at the earliest opportunity in accordance with the Change Management Policy and Procedure.  Managers may also find it helpful to refer to Part Two, paragraph 6 of the Standard Operating Procedure - Fixed Term Working and paragraph 7 of Consultation Guidance for Managers (FTCs).  

2. Under what circumstances can a fixed term contract become open ended?

An employee who is subject to consecutive fixed term contracts will automatically become permanent (“open-ended”) when they accumulate four years’ service.  The exception to this is where Imperial has a good reason for renewing the fixed term.  The following reasons may cause Imperial to issue a further fixed term contract after four years:

• Where funding available to continue the employee’s post is due to expire in 6 months or less.
• To allow a specific project that requires less than six months to be completed and has not met the original deadline.
• If appointed to a different fixed term position that has been openly advertised.
• For a secondment or career development opportunity.

Managers should also see paragraph 9 of  Standard Operating Procedure - Fixed Term Working which provides procedural guidance and sets out roles and responsibilities.

3. What happens when a fixed term contract linked to fixed funding comes to an end?

If the reason why the fixed term contract is ending is due to the cessation of fixed funding, the employee will be at risk of redundancy.  Line managers (or another appropriate senior manager to whom the responsibility has been delegated) should ensure that formal consultation is carried out with the employee in accordance with the Change Management Policy and Procedure.  Appropriate support will be provided by the HR Staff Hub team.  Managers may find it helpful to refer to paragraph 7 of Consultation Guidance for Managers (FTCs).

4. When might a redundancy situation arise for someone on a fixed term contract?

Redundancy is a potentially fair reason for dismissal but must be subject to a fair procedure.   A redundancy situation would arise if Imperial ceases carrying out the type of work someone is employed to do.  This could be because there is no more funding available to support the research an employee has been carrying out, for example. If a post is made redundant and Imperial cannot offer any suitable alternative work to the postholder under the Redeployment Policy and Procedure, the employee will be dismissed by way of redundancy.  A fair procedure must be carried out in accordance with the Change Management Policy and Procedure.  For more information, managers may find it helpful to refer to paragraph 6 of  Standard Operating Procedure - Fixed Term Working and  Consultation Guidance for Managers (FTCs).

5. Do I have to initiate formal redundancy consultation with an employee for whom a funding extension application has been submitted?

The outcome of a grant application can sometimes be announced at very short notice, leaving little or no time for consultation before the expiry of a fixed term contract.  For that reason, line managers and departments should take a pragmatic approach and consult with employees who may face redundancy if the grant application is unsuccessful.  This approach enables adequate consultation to take place with the employee in the event that their fixed term contract cannot be renewed. 

6. How do I go about formally consulting with an employee on a fixed term contract regarding redundancy?

Line managers and departments are primarily responsible for overseeing the consultation process.  Line managers must communicate with the HR Staff Hub to ensure that the appropriate correspondence is sent out to employees at risk of redundancy.  Although the HR Staff Hub and HR Representative can offer support where requested, it is down to line managers and their departments to keep employees informed and ensure that adequate consultation occurs in accordance with the Change Management Policy and Procedure.  Managers may also find it helpful to refer to Consultation Guidance for Managers (FTCs).

7. Must a consultation meeting take place?

Holding a meeting is good practice and in line with Acas guidance.  Having said that, Imperial does not impose any requirement on employees to attend a consultation meeting, unless they wish to do so.  It is imperative that a consultative approach is taken and employees facing redundancy are kept informed and invited to ask questions.  When an employee is at risk of redundancy, line managers should ask the HR Staff Hub to send out the appropriate template letters in accordance with the Change Management Policy and Procedure.  Managers may find it helpful to refer to paragraph 10 of Consultation Guidance for Managers (FTCs).

8. I am confused about why we consult with staff who have less than two years’ service because they are not entitled to receive a redundancy payment anyway. Does this not just create extra work?

Allowing a fixed term to expire constitutes a dismissal in law.  Redundancy is one of the potentially fair reasons for dismissal under the Employment Rights Act 1996.  The reason for dismissal will be redundancy, regardless of whether an employee is eligible to receive a redundancy payment. 

Managers should adhere to the Change Management Policy and Procedure and may also find it helpful to refer to paragraph 9 of Standard Operating Procedure - Fixed Term Working Consultation Guidance for Managers (FTCs).

9. How can I support an employee who is on a fixed term contract underpinned by fixed funding and anxious about the prospect of redundancy?

Managers should signpost employees to Imperial’s Employee Assistance Provider Confidential Care for confidential support and advice.  It is essential that line managers and departments communicate with employees who have concerns and ensure their questions are answered.  The HR Staff Hub may be able to assist with responding to questions arising during the consultation process.  Managers may also refer anxious employees to the answer to FAQ7 of List A of the Frequently Asked Questions for Staff.  An employee’s concerns should be listened to and addressed on a case-by-case basis.  Managers can helpfully signpost employees facing possible redundancy to Imperial’s Redeployment Policy and Procedure. 

10. Is a fixed term employee entitled to receive a redundancy payment when their fixed term expires?

If a fixed term employee is dismissed on redundancy grounds and meets the legal eligibility criteria, they will receive a redundancy payment which is calculated in accordance with their age, length of service and gross weekly way.  In order to be eligible to receive a redundancy payment, an employee must have worked for Imperial continuously for a period of at least 2 years.  There is a Redundancy Calculator on the government website which you can use to check an employee’s entitlement to a redundancy payment.  An employee is only entitled to receive a redundancy payment if they are dismissed due to redundancy.  If an employee is not dismissed but redeployed under the Redeployment Policy and Procedure, they will not be entitled to receive a redundancy payment.  If an employee turns down an offer of suitable alternative employment, they risk forfeiting their entitlement to receive a redundancy payment.  Managers and departments should liaise with the HR Staff Hub on a case by case basis.      

11. Is an employee entitled to a redundancy payment if they only work a few hours a week?

It does not matter how many hours a week an employee works. If they have worked for Imperial for a continuous period of two years or more, an employee is entitled to a redundancy payment, subject to the conditions described in the answer to FAQ10 above. If an employee’s weekly pay is less than the current weekly limit for statutory redundancy pay per week, then their redundancy payment will be based on actual weekly pay.

12. If an employee was a casual worker prior to the commencement of their current contract, does the time they were employed as a casual worker count towards their continuous employment?

The answer to this question depends on the nature of the casual worker agreement and on the length of any break in service between contracts.  If an employee was engaged as a casual worker on an employment contract, this will count as continuous employment.  However, the time will only count if there was no break in service between the ending of the casual worker contract and the commencement of the current contract.  A break in service is a period of one complete week (e.g. Sunday to Sunday).  If the employee was engaged as a casual worker other than as an employee, the time they spent working under the casual worker contract will not count towards continuous employment.  It should be clear from the wording of the contract and what is happening in practice as to whether someone is an employee of Imperial. 

13. If an employee gets another job and resigns before they are officially made redundant will they forfeit their right to receive a redundancy payment?

Potentially yes, because in these circumstances the employment relation would be ending due to the employee’s resignation and not because of dismissal on redundancy grounds.   If an employee raises this question, line managers can signpost them to FAQ11 of List A Frequently Asked Questions for Staff as part of a consultative approach.

14. Is an employee on a fixed term contract eligible for redeployment and what if they are redeployed into another fixed term role?

If an employee on a fixed term contract is at risk of redundancy due to the expiry of fixed funding, they are eligible for redeployment in Redeployment Group Three.  An employee’s eligibility for future redeployment after redeployment into a fixed term role would depend on the type of fixed term role they had accepted.  It may be helpful to explore the different types of fixed term that exist at Imperial by referring to the illustration at the beginning of this document.  For more specific information, please refer to the Redeployment Policy and Procedure.

15. Could a fixed term employee be dismissed prior to the expiry of their fixed term?

In the majority of cases employment will continue until the expiry of the fixed term and may even be renewed at that point.  However, it would be open to Imperial to terminate a fixed term earlier than the stated expiry date if there was a fair reason to do so in law.  Before embarking on any internal process that may lead to the dismissal of a fixed term employee, managers and departments should check the wording of the contract of employment and seek support from their HR Representative. 

16. Are employees at risk of redundancy allowed to take time off to look for jobs?

While under notice of redundancy, employees are entitled to reasonable time off with pay during working hours to seek alternative work. Although they will need to seek permission, line managers should be flexible in this regard during the redundancy consultation period.  Line managers should also signpost employees at risk of redundancy to the Redeployment Policy and Procedure which explains how eligible employees can join the Redeployment Register. 

17. If an employee has not taken all their annual leave, what happens to it when their contract ends?

Employees would normally be expected to take their annual leave during their employment.  If this is not possible, they will be paid in lieu for any that is outstanding.  Line managers should ensure that annual leave is taken before the contract comes to an end, where possible.  If an employee has outstanding annual leave to take, line managers and departments should flag this with the employee and arrange for them to take their annual leave.   If an employee is redeployed within Imperial to a different department, they should (where possible) take any accrued annual leave before the date they commence their new role. If there is a possibility that an employee may not be able to take their leave before the end of their contract, line managers and departments should flag this with the HR Representative at the earliest opportunity.

18. Is an employee entitled to notice when their fixed term ends?

Notice is already factored into a fixed term contract with an agreed expiry date and an employee on this type of contract is not entitled to an additional notice period.  However, mangers should refer to the contract of employment which sets out the specific terms.  If in doubt, managers should seek support from the HR Staff Hub on a case by case basis.

19. What if a fixed term employee has two different roles at Imperial? Does this mean that their additional role will continue?

If an employee has two distinct contracts of employment with Imperial, they should be treated independently.  This applies regardless of whether the employee is subject to a fixed term.  The ending of one contract should not impact the other, in the same way that an employee’s second job with a different employer would have no relevance to the ending of their contract with Imperial.  However, if an employee has one overall contract of employment with Imperial, the situation is different.  If a significant part of the work the employee is contracted to carry out will or (has) reduce(d), this is potentially a redundancy situation.  There is no such thing as partial redundancy.  The employee would be placed at risk of redundancy in relation to their entire role.      

1. Must I provide updates to an employee on an open ended contract of the status of their funding application?

Managers are not required to provide routine progress updates to employees on the status of a funding application.  However, if an employee raises a question and the information is available, then line managers should endeavour to answer queries or approach the HR Staff Hub for support.  If an employee on an open ended contract is at risk of redundancy, their line manager and department are responsible for ensuring that formal consultation occurs in accordance with the Change Management Policy and Procedure.  Where formal consultation is in progress, clear information should be provided about the status of funding applications, as a successful application may mean avoiding redundancy.  

For more information, managers may find it helpful to refer to paragraph 10 of the Standard Operating Procedure - Fixed Term Working and paragraph 7 of the Consultation Guidance for Managers (FTCs). 

2.  When might a redundancy situation arise for someone on an open ended contract underpinned by fixed funding?

Redundancy is a potentially fair reason for dismissal but must be subject to a fair procedure.   A redundancy situation would arise if Imperial ceases carrying out the type of work someone is employed to do.  This could be because there is no more funding available to support the research an employee has been carrying out, for example. If a post is made redundant and Imperial cannot offer any suitable alternative work to the postholder under the Redeployment Policy and Procedure, the employee will be dismissed by way of redundancy.  A fair procedure must be carried out in accordance with the Change Management Policy and Procedure.  For more information, managers may find it helpful to refer to paragraph 9 of Consultation Guidance for Managers (FTCs).

3.  Do I have to initiate formal redundancy consultation with an employee for whom a funding extension application has been submitted?

The outcome of a grant application can sometimes be announced at very short notice, leaving little or no time for consultation before the expiry of a fixed term contract.  For that reason, line managers and departments should take a pragmatic approach and consult with employees who may face redundancy if the grant application is unsuccessful.  This approach enables adequate consultation to take place with the employee in the event that their fixed term contract cannot be renewed. 

4.  How do I go about formally consulting with an employee (who is on an open ended contract linked to fixed funding) regarding redundancy?

Line managers and departments are primarily responsible for overseeing the consultation process.  Line managers must communicate with the HR Staff Hub to ensure that the appropriate correspondence is sent out to employees at risk of redundancy.  Although the HR Staff Hub and HR Representative can offer support where requested, it is down to line managers and their departments to keep employees informed and ensure that adequate consultation occurs in accordance with the Change Management Policy and Procedure.  Managers may also find it helpful to refer to Consultation Guidance for Managers (FTCs).

5. Must a consultation meeting take place?

Holding a meeting is good practice and in line with Acas guidance.  Having said that, Imperial does not impose any requirement on employees to attend a consultation meeting, unless they wish to do so.  It is imperative that a consultative approach is taken and employees facing redundancy are kept informed and invited to ask questions.  When an employee is at risk of redundancy, line managers should ask the HR Staff Hub to send out the appropriate template letters in accordance with the Change Management Policy and Procedure.  Managers may find it helpful to refer to paragraph 10 of Consultation Guidance for Managers (FTCs).

6.  How can I support an employee whose role is underpinned by fixed funding and is anxious about the prospect of redundancy?

Managers should signpost employees to Imperial’s Employee Assistance Provider Confidential Care for confidential support and advice.  It is essential that line managers and departments communicate with employees who have concerns and ensure their questions are answered.  The HR Staff Hub may be able to assist with responding to questions arising during the consultation process.  Managers may also refer anxious employees to the answer to FAQ7 of Frequently Asked Questions for Staff.  An employee’s concerns should be listened to and addressed on a case-by-case basis.  Managers can helpfully signpost employees facing possible redundancy to Imperial’s Redeployment Policy and Procedure. 

7. Will an employee on an open-ended contract underpinned by fixed funding receive a redundancy payment when their open-ended contract expires?

If a fixed term employee is dismissed on redundancy grounds and meets the legal eligibility criteria, they will receive a redundancy payment which is calculated in accordance with their age, length of service and gross weekly way.  In order to be eligible to receive a redundancy payment, an employee must have worked for Imperial continuously for a period of at least 2 years.  There is a Redundancy Calculator on the government website which you can use to check an employee’s entitlement to a redundancy payment.  An employee is only entitled to receive a redundancy payment if they are dismissed due to redundancy.  If an employee is not dismissed but redeployed under the Redeployment Policy and Procedure, they will not be entitled to receive a redundancy payment.  If an employee turns down an offer of suitable alternative employment, they risk forfeiting their entitlement to receive a redundancy payment.  Managers and departments should liaise with the HR Staff Hub on a case by case basis.      

8.  Is an employee entitled to a redundancy payment if they only work a few hours a week?

It does not matter how many hours a week an employee works. If they have worked for Imperial for a continuous period of two years or more, an employee is entitled to a redundancy payment, subject to the conditions described in the answer to FAQ7 above. If an employee’s weekly pay is less than the current weekly limit for statutory redundancy pay per week, then their redundancy payment will be based on actual weekly pay.

 9.  If an employee was a casual worker prior to the commencement of their current contract, does the time they were employed as a casual worker count towards their continuous employment?

The answer to this question depends on the nature of the casual worker agreement and on the length of any break in service between contracts.  If an employee was engaged as a casual worker on an employment contract, this will count as continuous employment.  However, the time will only count if there was no break in service between the ending of the casual worker contract and the commencement of the current contract.  A break in service is a period of one complete week (e.g. Sunday to Sunday).  If the employee was engaged as a casual worker other than as an employee, the time they spent working under the casual worker contract will not count towards continuous employment.  It should be clear from the wording of the contract and what is happening in practice as to whether someone is an employee of Imperial. 

10.  If an employee gets another job and resigns before they are officially made redundant, will they forfeit their right to receive a redundancy payment?

Potentially yes, because in these circumstances the employment relationship would be ending due to the employee’s resignation and not because of dismissal on redundancy grounds.   If an employee raises this question, line managers can signpost them to FAQ11 of List A Frequently Asked Questions for Staff– as part of a consultative approach.

11.  Is an employee on an open-ended contract underpinned by fixed funding eligible for redeployment and what if they are redeployed into a fixed term role?

If an employee on a fixed term contract is at risk of redundancy due to the expiry of fixed funding, they are eligible for redeployment in Redeployment Group Three.  An employee’s eligibility for future redeployment after redeployment into a fixed term role would depend on the type of fixed term role they had accepted.  It may be helpful to explore the different types of fixed term that exist at Imperial by referring to the illustration at the beginning of this document.  For more specific information, please refer to the Redeployment Policy and Procedure.

 12.  Are employees at risk of redundancy allowed to take time off to look for jobs?

While under notice of redundancy, employees are entitled to reasonable time off with pay during working hours to seek alternative work. Although they will need to seek permission, line managers should be flexible in this regard during the redundancy consultation period.  Line managers should also signpost employees at risk of redundancy to the Redeployment Policy and Procedure which explains how eligible employees can join the Redeployment Register. 

13.  If an employee has not taken all their annual leave, what happens to it when their contract ends?

Employees would normally be expected to take their annual leave during their employment.  If this is not possible, they will be paid in lieu for any that is outstanding.  Line managers should ensure that annual leave is taken before the contract comes to an end, where possible.  If an employee has outstanding annual leave to take, line managers and departments should flag this with the employee and arrange for them to take their annual leave.   If an employee is redeployed within Imperial to a different department, they should (where possible) take any accrued annual leave before the date they commence their new role. If there is a possibility that an employee may not be able to take their leave before the end of their contract, line managers and departments should flag this with the HR Representative at the earliest opportunity.

14.  Will an employee on an open ended contract be entitled to notice if they are made redundant?

Employees on an open-ended contracts are entitled to receive notice of dismissal on redundancy grounds.  An employee would usually be expected to work their notice period.  In certain circumstances, Imperial may make a payment in lieu of an employee’s notice period.  This may be necessary if there is not enough time left for an employee to work their full notice period before the redundancy takes effect.  Managers should check the contract of employment for details of an employee’s contractual notice entitlement.  As a minimum, an employee is entitled to receive statutory notice which is one week’s notice if they have been employed between one month and 2 years.  If an employee has been employed between 2 and 12 years, statutory notice is one week for each complete year worked, up to a maximum of 12 weeks’ notice.     

15.  What if an employee has two different roles at Imperial? Does this mean that their additional role will continue?

If an employee has two distinct contracts of employment with Imperial, they should be treated independently.  This applies regardless of whether the employee is subject to a fixed term.  The ending of one contract should not impact the other, in the same way that an employee’s second job with a different employer would have no relevance to the ending of their contract with Imperial.  However, if an employee has one overall contract of employment with Imperial, the situation is different.  If a significant part of the work the employee is contracted to carry out will or has reduce(d), this is potentially a redundancy situation.  There is no such thing as partial redundancy.  The employee would be placed at risk of redundancy in relation to their entire role.      

1. Can a fixed term cover post be extended?

The purpose of a fixed term cover post is to perform the role of the substantive postholder during their temporary absence.  It follows that the role will no longer exist when the permanent postholder returns and the fixed term contract will end.  There should be no expectation that the contract will be extended.  If the permanent postholder does not return as planned, there may be scope to extend the fixed term for a short period, depending on the circumstances.  Line managers should keep employees informed of any changes.            

2. What happens when a fixed term cover post comes to an end?

When the permanent postholder returns to work, the fixed term contract will end.  The employee must be notified in line with their contract of employment.  The HR Staff Hub will write to the employee prior to the expiry of their FTC to confirm the date when their employment is due to end.  If the member of staff has questions or concerns, they should direct them to their line manager, or HR Representative.  Any concerns must be appropriately addressed and managers may approach their HR Representative for advice on a case by case basis.   

3. In what circumstances might a fixed term cover contract end earlier than intended?

A fixed term cover post will end when the permanent postholder returns, which could be earlier than originally intended.  Employment would end prior to the expiry of the fixed term if the employee resigned, or if their contract was terminated for any reason by Imperial.  It would be open to Imperial to terminate the fixed term earlier than anticipated, if there was a fair reason to do so in law. 

4. Will the termination of a fixed term cover post constitute a redundancy situation?

No, as there is still an ongoing need for the work to be carried out.  Imperial has a substantially fair reason to terminate the fixed term employment contract once the permanent post holder resumes their duties. 

Managers should refer to paragraph 7 of the Standard Operating Procedure - Fixed Term Working and paragraph 5 of Consultation Guidance for Managers (FTCs).     

5. Is an employee on a fixed term cover post eligible for redeployment when their fixed term contract ends?

An employee who is covering for a permanent postholder on a fixed term basis is not eligible for redeployment in any of the three redeployment groups specified in the Redeployment Policy and Procedure unless they fall into the exception referred to in paragraph 1.5 of the Redeployment Policy and Procedure.  However, managers can still add members of staff who are not eligible redeployees onto the Redeployment Register for the purposes of keeping them updated on vacancies they may wish to apply for – even though they will not be treated with priority above other candidates.  Managers can also signpost these employees to current vacancies they may wish to apply for, which are advertised on the Jobs section of Imperial’s website. 

6. Is an employee on a fixed term cover post entitled to receive notice that their fixed term is due to end?

An employee who is covering for a permanent postholder is entitled to receive notice in accordance with their contract of employment.  They would usually be expected to work their notice period.  Notice will usually be factored into their contract of employment because the permanent postholder would ordinarily provide advance notice of their return date.  In certain circumstances, Imperial may make a payment in lieu of the employee’s notice period.  This may be necessary if the permanent post holder returns earlier than planned and there is not enough time left for them to work their full notice period.  Managers should check the contract of employment for specific details of the employee’s contractual notice entitlement. 

7. If an employee has not taken all their annual leave, what happens to it when their contract ends?

Employees would normally be expected to take their annual leave during their employment.  If this is not possible, they will be paid in lieu for any that is outstanding.  Line managers should ensure that annual leave is taken before the contract comes to an end, where possible.  If an employee has outstanding annual leave to take, line managers and departments should flag this with the employee and arrange for them to take their annual leave.   If an employee is redeployed within Imperial to a different department, they should (where possible) take any accrued annual leave before the date they commence their new role. If there is a possibility that an employee may not be able to take their leave before the end of their contract, line managers and departments should flag this with the HR Representative at the earliest opportunity.

8. What if an employee has two different roles at Imperial? Does this mean that their additional role will continue?

If an employee has two distinct contracts of employment with Imperial, they should be treated independently.  This applies regardless of whether the employee is subject to a fixed term.  The ending of one contract should not impact the other, in the same way that an employee’s second job with a different employer would have no relevance to the ending of their contract with Imperial.  However, if an employee has one overall contract of employment with Imperial, the situation is different.  If a significant part of the work the employee is contracted to carry out will or has reduce(d), this is potentially a redundancy situation.  There is no such thing as partial redundancy.  The employee would be placed at risk of redundancy in relation to their entire role.      

1. Can a fixed term contract for a temporary assignment be extended?

A fixed term temporary assignment contract will end on the date specified in the  contract of employment.  There should not be any expectation that the contract will be extended or renewed.  Imperial is not under any obligation to extend a fixed term assignment contract beyond the expiry date specified in the fixed term contract.    

2. What happens when a fixed term contract for a temporary assignment comes to an end?

When a fixed term temporary assignment contract comes to an end, the employment relationship will terminate.  The fixed term contract should specify the employment end date.  The end of employment should not therefore come as any surprise to the employee.  The HR Staff Hub will write to the employee prior to the expiry of their FTC to confirm the date when their employment is due to end.  If the member of staff has questions or concerns, they should direct them to their line manager, or HR Representative.  Any concerns must be appropriately addressed and managers may approach their HR Representative for advice on a case by case basis.   

3. In what circumstances might a fixed term contract for a temporary assignment end earlier than intended?

The fixed term will end on the date specified in the contract of employment.  The employment would end prior to the expiry of the fixed term if the employee resigned, or if their contract was terminated for any reason by Imperial.  It would be open to Imperial to terminate the fixed term earlier than anticipated, if there was a fair reason to do so in law.  Managers should check the contract (prior to the expiry of the fixed term) to ensure that it is terminable on notice. 

4. Will the expiry of a fixed term contract for a temporary assignment constitute a redundancy situation?

No, as it was agreed in advance with the employee that the role would end on a specified date.  Imperial has a substantially fair reason to terminate the fixed term employment contract on expiry of the fixed term. 

Managers should also refer to paragraph 8 of the Standard Operating Procedure - Fixed Term Working and paragraph 5 of Consultation Guidance for Managers (FTCs).    

5. Is an employee on a fixed term contract for a temporary assignment eligible for redeployment when their fixed term contract ends?

An employee who is on fixed term for the purposes of carrying out a temporary assignment is not eligible for redeployment in any of the three redeployment groups specified in the Redeployment Policy and Procedure unless they fall into the exception referred to in paragraph 1.5 of the Redeployment Policy and Procedure.  However, managers can still add members of staff who are not eligible redeployees onto the Redeployment Register for the purposes of keeping them updated on vacancies they may wish to apply for – even though they will not be treated with priority above other candidates.  Managers can also signpost these employees to current vacancies they may wish to apply for, which are advertised on the Jobs section of Imperial’s website. 

6. Is an employee on a fixed term contract for a temporary assignment entitled to receive notice that their fixed term is due to end?

The employee will be aware from their contract of employment of the date on which their employment will end.  This will have been agreed with them at the outset and should be clearly stated in the contract.  Notice is therefore already factored into the fixed term contract. 

7. If an employee has not taken all their annual leave, what happens to it when their contract ends?

Employees would normally be expected to take their annual leave during their employment.  If this is not possible, they will be paid in lieu for any that is outstanding.  Line managers should ensure that annual leave is taken before the contract comes to an end, where possible.  If an employee has outstanding annual leave to take, line managers and departments should flag this with the employee and arrange for them to take their annual leave.   If an employee is redeployed within Imperial to a different department, they should (where possible) take any accrued annual leave before the date they commence their new role. If there is a possibility that an employee may not be able to take their leave before the end of their contract, line managers and departments should flag this with the HR Representative at the earliest opportunity.

8. What if an employee has two different roles at Imperial? Does this mean that their additional role will continue?

If an employee has two distinct contracts of employment with Imperial, they should be treated independently.  This applies regardless of whether the employee is subject to a fixed term.  The ending of one contract should not impact the other, in the same way that an employee’s second job with a different employer would have no relevance to the ending of their contract with Imperial.  However, if an employee has one overall contract of employment with Imperial, the situation is different.  If a significant part of the work the employee is contracted to carry out will or has reduce(d), this is potentially a redundancy situation.  There is no such thing as partial redundancy.  The employee would be placed at risk of redundancy in relation to their entire role.      

9. If an employee who has partially retired is on a fixed term contract of 6 months, are they at risk of redundancy and are they eligible for redeployment?

No, as it was agreed in advance with the employee that the role would end on a specified date.  Imperial has a substantially fair reason to terminate the fixed term employment contract on expiry of the fixed term.  Managers should also refer to paragraph 8 of the Standard Operating Procedure - Fixed Term Working and Open Ended Contracts underpinned by Fixed Funding and paragraph 5 of Consultation Guidance for Managers (FTCs).    

An employee who is on fixed term for the purposes of carrying out a temporary assignment is not eligible for redeployment in any of the three redeployment groups specified in the Redeployment Policy and Procedure unless they fall into the exception referred to in paragraph 1.5 of the Redeployment Policy and Procedure.  However, managers can still add members of staff who are not eligible redeployees onto the Redeployment Register for the purposes of keeping them updated on vacancies they may wish to apply for – even though they will not be treated with priority above other candidates.  Managers can also signpost these employees to current vacancies they may wish to apply for, which are advertised on the Jobs section of Imperial’s website. 

Managers may also find it helpful to refer to the following guidance documents which can be downloaded from this page.  

• Standard Operating Procedure Fixed Term Contracts and Open Ended Contracts underpinned by Fixed Funding:  Standard Operating Procedure - Fixed Term Working
• Consultation Guidance for Managers – Fixed Term Contracts and Open Ended Contracts underpinned by fixed funding: Consultation Guidance for Managers (FTCs)