HCS97-Fixed-Term Employment Policy

Registration Number: {{org_field_registration_no}}

Fixed-Term Employment Policy

1. Purpose

{{org_field_name}} is committed to ensuring that all employees, including those on fixed-term contracts, are treated fairly and equitably while maintaining compliance with Care Inspectorate Scotland regulations. This policy outlines how fixed-term employment is managed efficiently, ensuring that temporary workers are provided with clear terms of employment, appropriate rights, and a positive working experience.

This policy aims to:

Ensure fair treatment of fixed-term employees in line with employment laws.
Establish clear guidelines on the recruitment, management, and termination of fixed-term contracts.
Ensure compliance with regulatory frameworks governing temporary employment.
Support the operational flexibility of {{org_field_name}} while maintaining high-quality service provision.
Promote equal opportunities and safeguard employee rights.

2. Scope

This policy applies to:

All employees engaged under fixed-term contracts.
Managers and HR personnel involved in recruiting, managing, and terminating fixed-term employment.
Temporary staff working within {{org_field_name}}, including cover for maternity, long-term sickness, and project-based roles.
Fixed-term employees whose contracts are linked to specific funding arrangements.

3. Legal and Regulatory Framework

This policy is developed in accordance with:

Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 – Ensures equal treatment of fixed-term employees compared to permanent staff.
Employment Rights Act 1996 – Covers employee entitlements, notice periods, and contract terms.
Equality Act 2010 – Protects fixed-term employees from discrimination.
Health and Social Care Standards (Scotland) – Promotes fair employment practices and workforce stability.
SSSC Codes of Practice for Employers – Ensures fair and transparent employment practices in social care[10 source].
Care Inspectorate Quality Framework – Requires effective workforce planning and compliance with employment laws[8 source].

4. Recruitment and Appointment of Fixed-Term Employees

{{org_field_name}} ensures fair recruitment practices by:

Clearly identifying roles that require fixed-term contracts and justifying their temporary nature.
Providing transparent job descriptions, outlining contract duration, terms, and conditions.
Ensuring fixed-term employees have the same access to recruitment opportunities as permanent staff.
Conducting fair selection processes free from discrimination.
Offering terms and conditions that are comparable to those of permanent employees where applicable.

5. Terms and Conditions of Employment

Fixed-term employees at {{org_field_name}} are entitled to:

A written contract specifying the duration, reason for fixed-term employment, and end date.
Equal pay, benefits, and working conditions comparable to permanent employees.
Access to training and development opportunities.
Inclusion in workplace pension schemes where applicable.
Clear guidance on probationary periods, performance management, and disciplinary procedures.

6. Rights and Equal Treatment of Fixed-Term Employees

To ensure compliance with legal requirements, {{org_field_name}} guarantees:

Non-discrimination: Fixed-term employees will not be treated less favourably than permanent employees in terms of pay, benefits, and working conditions.
Professional Development: Access to training and career development resources equivalent to those provided to permanent staff.
Health and Safety: Fixed-term employees receive the same workplace safety protections and risk assessments as permanent staff.
Redundancy and Unfair Dismissal Protections: Fixed-term employees with two or more years of service will be entitled to redundancy pay where applicable.

7. Contract Extensions and Renewals

Fixed-term contracts may be extended or renewed based on:

Ongoing service needs or the continuation of a project.
Employee performance and business requirements.
Funding availability where applicable.
Regulatory changes affecting workforce planning.
If a fixed-term employee reaches four years of continuous service, the contract may be deemed permanent unless an objective business justification applies.

8. Managing the End of a Fixed-Term Contract

To ensure a fair and structured contract conclusion, {{org_field_name}}:

Provides adequate notice in line with contractual and statutory obligations.
Conducts exit interviews to gather feedback on employment experience.
Assists employees in identifying redeployment opportunities within the organisation where feasible.
Ensures the timely processing of final salary payments, accrued leave, and pension contributions.

9. Conversion to Permanent Employment

Where business needs allow, fixed-term employees may transition into permanent roles if:

A suitable permanent position becomes available.
The employee has demonstrated strong performance and commitment.
The service requires long-term workforce stability.
The employee has been employed for four consecutive years under successive fixed-term contracts, unless an objective justification exists.

10. Performance Management and Support

Fixed-term employees are subject to the same performance management framework as permanent staff, which includes:

Regular supervision and appraisal meetings to discuss progress and career development.
Access to workplace support services, including HR guidance and employee assistance programmes.
Fair disciplinary and grievance procedures, ensuring equal rights and treatment.

11. Monitoring and Continuous Improvement

To ensure compliance and fairness in fixed-term employment, {{org_field_name}}:

Conducts annual reviews of fixed-term employment practices.
Monitors staff turnover rates and contract renewals to ensure fair workforce planning.
Seeks feedback from fixed-term employees to improve work conditions and inclusion.
Ensures policy updates are aligned with changes in employment legislation and Care Inspectorate Scotland requirements.

12. Related Policies

This policy should be read alongside:

Recruitment and Selection Policy
Equality, Diversity, and Inclusion Policy
Staff Training and Development Policy
Employee Grievance and Disciplinary Policies

13. Policy Review

This policy will be reviewed annually or earlier if required by regulatory changes or operational needs. Updates will be communicated to all relevant employees to ensure compliance with best employment practices.

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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.