DCW157-Fixed-Term Employment Contracts Policy

Registration Number: {{org_field_registration_no}}

Fixed-Term Employment Contracts Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} effectively manages fixed-term employment contracts in compliance with the Employment Rights Act 1996, the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the Equality Act 2010, and the Regulation and Inspection of Social Care (Wales) Act 2016 (RISCA). This policy outlines the legal rights of fixed-term employees, how these contracts are managed within our domiciliary care business, and the safeguards we put in place to ensure fair treatment, compliance with Care Inspectorate Wales (CIW) requirements, and continuity of care for service users.

Fixed-term contracts are used within {{org_field_name}} to manage temporary workforce needs, including covering maternity leave, long-term sickness absence, seasonal demands, and fixed-term projects. Our approach ensures that fixed-term employees receive fair treatment, have access to training and development, and are considered for permanent opportunities where applicable.

2. Scope

This policy applies to:

All employees of {{org_field_name}} who are employed on a fixed-term contract.
Line managers and HR personnel responsible for recruitment, contract management, and workforce planning.
Permanent employees and agency workers, to ensure fairness in employment practices.

This policy covers:

Defining fixed-term employment contracts.
Rights and entitlements of fixed-term employees.
Managing fixed-term contracts efficiently within domiciliary care.
Transitioning from fixed-term to permanent contracts.
Ending a fixed-term contract fairly and lawfully.

3. Definition of a Fixed-Term Contract

A fixed-term employment contract is a contract where an individual:

Is employed for a specific duration or until a particular task or project is completed.
Has an agreed end date stated in their contract.
Does not have an open-ended contract like permanent employees.

Examples of fixed-term contracts used in {{org_field_name}} include:

Covering maternity leave or long-term sickness absence.
Fulfilling a temporary care package where funding is time-limited.
Trial roles for new service expansions.
Short-term increases in demand for domiciliary care services.

4. Rights and Entitlements of Fixed-Term Employees

Under the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, all fixed-term employees must be treated fairly and equally in comparison to permanent staff. This means they are entitled to:

Equal pay and benefits as permanent employees doing similar work.
Access to the same training and development opportunities.
Statutory holiday entitlement, based on length of contract and working hours.
Sick pay and other leave entitlements, depending on contractual terms.
Protection from unfair dismissal if they have been employed for at least two years.
The right to be informed about permanent vacancies within {{org_field_name}}.

If a fixed-term employee has worked continuously for four years, they may automatically gain permanent status, unless a justifiable reason exists for keeping them on a fixed-term basis.

5. Managing Fixed-Term Contracts Efficiently in Domiciliary Care

5.1 Recruitment and Workforce Planning

To ensure efficient staffing levels while maintaining high-quality care, {{org_field_name}}:

Conducts workforce planning assessments to determine the appropriate use of fixed-term contracts.
Clearly specifies the duration and purpose of fixed-term roles in job advertisements and contracts.
Ensures recruitment practices are fair and free from discrimination, following CIW employment regulations.

5.2 Induction and Training for Fixed-Term Employees

All fixed-term employees receive:

The same induction training as permanent staff, covering CIW standards, safeguarding, infection control, and health and safety.
Access to continuing professional development (CPD) and career progression discussions.
Clear communication about contract terms, entitlements, and potential renewal opportunities.

5.3 Ensuring Fair Treatment in Daily Operations

Fixed-term employees are:

Given equal access to resources, equipment, and support.
Included in team meetings, supervision, and performance reviews.
Encouraged to provide feedback about their role and workplace conditions.

6. Transitioning from Fixed-Term to Permanent Contracts

Where possible, {{org_field_name}} aims to retain skilled fixed-term employees by offering permanent roles where vacancies exist.

Regular performance reviews assess suitability for permanent employment.
Fixed-term employees are given priority consideration for relevant permanent roles.
Training and upskilling opportunities are provided to prepare employees for long-term positions.

If a fixed-term employee meets the criteria for permanent employment, HR will conduct a contract review meeting to discuss options and ensure a smooth transition.

7. Ending a Fixed-Term Contract

7.1 Notice Periods

Fixed-term contracts end on the agreed date without the need for additional notice.
If the contract is terminated early, the standard notice period as outlined in the contract will apply.
Employees must be given written confirmation of contract expiry at least four weeks before the end date.

7.2 Redundancy and Unfair Dismissal Protections

If a fixed-term contract is ended before its natural expiry, employees may be eligible for:

Statutory redundancy pay, if they have been employed for two years or more.
Unfair dismissal protections, if they have continuous service of two years or more.

HR will conduct exit interviews to gather feedback and assess re-employment opportunities where applicable.

8. Handling Grievances and Disputes

Fixed-term employees have the same rights as permanent staff to:

Raise grievances about their employment terms.
Seek legal protection against unfair treatment or discrimination.
Request contract reviews or dispute terminations.

All concerns must be reported following the Disciplinary and Grievance Policy (DCW31).

9. Compliance with CIW Regulations and Legal Framework

To ensure compliance with CIW regulations and employment law, {{org_field_name}}:

Regularly audits fixed-term contracts to ensure legal and contractual compliance.
Provides training for HR and managers on fair treatment of fixed-term employees.
Ensures all contracts comply with employment law and CIW workforce management requirements.

Failure to comply may result in legal action, regulatory penalties, or reputational damage.

10. Related Policies

This policy should be read in conjunction with:

Recruitment, Selection, and Retention Policy (DCW26)
Staff Conduct and Code of Ethics Policy (DCW28)
Staff Supervision, Training, and Development Policy (DCW27)
Equality, Diversity, and Inclusion Policy (DCW30)
Disciplinary and Grievance Policy (DCW31)

11. Policy Review

This policy will be reviewed annually or sooner if legislation, CIW regulations, or business needs change. Any updates will be communicated to all staff to ensure continued compliance.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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