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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Fixed-Term Employment Contracts Policy

1. Purpose

The purpose of this policy is to ensure that the use of fixed-term employment contracts at {{org_field_name}} is lawful, fair, transparent, and compliant with the Regulation and Inspection of Social Care (Wales) Act 2016, employment law, and CIW’s expectations around workforce planning and staffing stability. Fixed-term contracts are an important staffing tool, used to meet specific business or service needs, such as maternity cover, temporary funding, or time-limited projects, without compromising the continuity or quality of care provided to our service users.

This policy sets out how {{org_field_name}} ensures consistent practice in the recruitment, management, and termination of fixed-term roles, and how we uphold the rights of fixed-term employees in line with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

2. Scope

This policy applies to all fixed-term employees at {{org_field_name}}, including care workers, administrative staff, support staff, and other professionals engaged on contracts with a defined end date or based on the completion of a specific task or funding agreement. It also applies to managers involved in recruiting or supervising fixed-term workers.

It does not apply to permanent employees, agency workers, or contractors, although similar principles of fairness, inclusion, and compliance are applied in relevant policies.

3. Related Policies

This policy should be read in conjunction with the following:

• CHW02 – Fit and Proper Persons: Employed Staff Policy
• CHW26 – Recruitment, Selection, and Retention Policy
• CHW27 – Staff Supervision, Training, and Development Policy
• CHW28 – Staff Conduct and Code of Ethics Policy
• CHW30 – Equality, Diversity, and Inclusion Policy
• CHW31 – Disciplinary and Grievance Policy
• CHW33 – Staff Leave and Absence Policy

4. Policy Statement and Implementation

4.1 Definition and Lawful Use of Fixed-Term Contracts

A fixed-term contract is a contract of employment that is intended to end on a specified date, on completion of a particular task or project, or on the occurrence or non-occurrence of a specified event, such as the return of a permanent employee from maternity leave.

{{org_field_name}} will only use fixed-term contracts where there is a genuine and identifiable operational reason for doing so. This may include:

• covering a temporary absence, such as maternity leave, secondment or long-term sickness;
• providing additional staffing where funding is expressly time limited;
• undertaking a genuinely time-limited project or pilot;
• responding to a temporary increase in service demand; or
• another objectively identifiable temporary staffing requirement.

The use of a fixed-term contract must not be used to avoid employment rights or the regulatory requirements applying to staff working in the care home.

Fixed-term employees must not be treated less favourably than comparable permanent employees because of their fixed-term status unless the difference in treatment can be objectively justified in accordance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. The pro rata principle will be applied where appropriate.

Where an employee has been continuously employed under successive fixed-term contracts, {{org_field_name}} will monitor the employee’s continuous service carefully. Where the conditions in regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 are met, the provision restricting the duration of the contract will cease to have effect once the statutory four-year threshold is reached and the employee will be regarded as a permanent employee unless continued fixed-term employment can be objectively justified.

Any decision to renew or extend a fixed-term contract beyond the statutory threshold must therefore be supported by a clear, genuine and documented objective justification. The justification must relate to a legitimate organisational need and the continued use of a fixed-term arrangement must be an appropriate and proportionate means of meeting that need.

4.2 Recruitment and Equal Opportunities

All fixed-term roles are subject to the same recruitment standards as permanent posts, in line with CHW26 – Recruitment, Selection, and Retention Policy.

{{org_field_name}} will ensure:

• equal access to employment opportunities regardless of fixed-term or permanent employment status;
• transparent job descriptions, salary arrangements and contractual conditions;
• all required pre-employment checks, including Disclosure and Barring Service checks and references, are undertaken to the same standards as for permanent staff;
• any required professional or Social Care Wales registration is verified;
• the contract clearly states the reason for the fixed-term nature of the employment;
• the expected end date, or event that will bring the contract to an end, is clearly identified; and
• any contractual provisions concerning extension, renewal or termination are clearly communicated.

Fixed-term employees will not be treated less favourably than comparable permanent employees because of their fixed-term status unless such treatment can be objectively justified.

Recruitment and deployment decisions must also comply with the requirements concerning the fitness of staff under the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

4.3 Induction, Training and Integration

All fixed-term employees will receive an induction appropriate to their role before undertaking duties for which they have not been assessed as competent. Fixed-term status or the anticipated duration of employment must not be used as a reason to omit or reduce any induction, training, competency assessment, supervision or professional development that is required for the employee to perform their role safely and effectively.

Induction will be proportionate to the employee’s role and responsibilities and will include, where relevant:

• the aims, ethos and Statement of Purpose of the service;
• the employee’s role, responsibilities and line of accountability;
• the policies and procedures relevant to the employee’s work;
• safeguarding responsibilities and procedures;
• health and safety requirements;
• infection prevention and control;
• medication responsibilities, where applicable to the role;
• moving and handling requirements, where applicable;
• emergency and fire procedures;
• confidentiality, information governance and record keeping;
• the needs, communication requirements and personal outcomes of individuals receiving care and support, where relevant to the employee’s duties;
• the Code of Professional Practice for Social Care and associated practice guidance, where applicable; and
• any specialist knowledge, training or competency assessment required because of the needs of individuals using the service.

Social care workers must complete the relevant induction requirements applicable to their role within the timescales required by Social Care Wales. Where the All Wales Induction Framework for Health and Social Care applies to the employee’s role, the employee will be supported to complete the relevant requirements rather than merely being offered the opportunity to do so.

The Registered Manager must ensure that no fixed-term employee is deployed to undertake duties for which they have not received the necessary induction, training or competency assessment.

Fixed-term employees will be included in relevant team meetings, supervision, appraisal, learning and development, and continuing professional development arrangements on the same basis as comparable permanent employees, subject only to differences that can be objectively justified.

Where professional or Social Care Wales registration is required for the role, the employee must hold, obtain and maintain the required registration within the applicable statutory or regulatory timescale. {{org_field_name}} will provide appropriate support to enable the employee to maintain any required registration.

4.4 Employment Rights and Benefits

Fixed-term employees are entitled to employment rights and benefits in accordance with applicable employment legislation, their contract of employment and organisational policies.

Subject to the applicable statutory and contractual requirements, this includes:

• pay and employment conditions equivalent to those of a comparable permanent employee, unless any difference can be objectively justified;
• access to occupational pension arrangements where applicable;
• annual leave;
• statutory and contractual sick pay where applicable;
• maternity, paternity, adoption, shared parental and other statutory family-related leave and pay where the relevant statutory conditions are met;
• protection against unlawful discrimination;
• protection from less favourable treatment because of fixed-term status;
• statutory redundancy rights where the relevant eligibility requirements are met; and
• protection against unfair dismissal where the relevant statutory requirements are met.

The pro rata principle will be applied where appropriate when comparing the benefits of fixed-term and permanent employees.

Line managers are responsible for ensuring that fixed-term employees understand the employment rights, contractual benefits and organisational policies that apply to them.

4.5 Performance Monitoring, Supervision and Appraisal

Fixed-term employees will be supervised and appraised in accordance with CHW27 – Staff Supervision, Training, and Development Policy and the requirements applying to staff working within the regulated service.

Line managers will provide appropriate supervision to:

• monitor performance and competence;
• provide constructive feedback;
• identify and address learning and development needs;
• support safe and effective practice;
• discuss any concerns regarding conduct, performance or capability;
• review the employee’s contribution to the quality and continuity of care and support; and
• where appropriate, discuss the anticipated end, extension or renewal of the fixed-term contract.

Fixed-term employees must receive supervision and appraisal appropriate to their role and duration of employment. Their fixed-term status must not be used as a reason to omit any supervision, appraisal or competency monitoring necessary to ensure safe practice and compliance with the requirements of the regulated service.

Where concerns arise regarding performance, conduct, competence or fitness to work, these will be managed promptly in accordance with the relevant organisational policies and regulatory requirements.

4.6 Contract Review, Extension and Termination

The status of a fixed-term contract will be reviewed sufficiently in advance of its expected expiry date to enable an informed decision to be made and appropriate contractual and employment procedures to be followed.

Where practicable, a formal review will normally take place at least one month before the expected expiry of the contract.

The review will consider:

• whether the operational reason for the fixed-term appointment continues to exist;
• current and anticipated service needs;
• the employee’s performance, conduct and competence;
• the impact of any proposed extension, expiry or termination on safe staffing and continuity of care;
• whether the work has become an ongoing rather than temporary requirement;
• whether the employee has accrued successive periods of fixed-term employment that may affect their employment status;
• whether there is an objective justification for continued fixed-term employment where this is legally required; and
• whether the role should be made permanent, extended or brought to an end.

Where a fixed-term contract is due to expire, {{org_field_name}} will follow the applicable employment law requirements relating to dismissal, notice, consultation and redundancy.

The expiry and non-renewal of a fixed-term contract constitutes a dismissal for the purposes of employment legislation. The reason for the dismissal and the appropriate procedure must therefore be considered before the contract ends.

Where the reason for the termination is redundancy, the employee will be consulted and any applicable statutory redundancy procedures and rights will be followed.

Fixed-term employees will be informed of suitable permanent vacancies in accordance with their statutory rights and will be permitted to apply for appropriate vacancies within the organisation.

Where a contract is renewed or extended, the employee will receive written confirmation of the revised contractual arrangements.

4.7 Equality and Inclusion

{{org_field_name}} is committed to ensuring that fixed-term employees are treated with dignity, fairness and respect and are not subjected to unlawful discrimination or less favourable treatment because of their fixed-term status.

In line with CHW30 – Equality, Diversity, and Inclusion Policy, employment decisions relating to fixed-term employees will comply with the Equality Act 2010 and the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

Fixed-term employees will have appropriate access to:

• employment opportunities;
• relevant information;
• workplace facilities;
• training and development;
• supervision and appraisal;
• team meetings and communications;
• internal vacancies; and
• organisational support arrangements.

Any difference in treatment between a fixed-term employee and a comparable permanent employee must be capable of objective justification where required by law.

{{org_field_name}} will monitor the use of fixed-term contracts to identify any pattern that may indicate unlawful discrimination, inappropriate less favourable treatment or disproportionate impact on a particular group of employees.

4.8 Governance, Compliance and Record-Keeping

The Registered Manager will ensure that appropriate records are maintained in relation to fixed-term employees.

Records will include, where applicable:

• the employee’s start date;
• the expected end date or terminating event;
• the reason for the fixed-term arrangement;
• the employee’s contract of employment and any subsequent variations;
• previous successive fixed-term contracts with {{org_field_name}};
• the employee’s continuous service date;
• recruitment and pre-employment checks;
• Disclosure and Barring Service information in accordance with applicable requirements;
• professional or Social Care Wales registration where required;
• induction and training records;
• competency assessments;
• supervision and appraisal records;
• decisions relating to extension, renewal or termination;
• any objective justification relied upon for continued fixed-term employment; and
• relevant records concerning the effect of the staffing arrangement on continuity of care.

Records will be maintained securely and in accordance with applicable employment, regulatory and data protection requirements.

The Registered Manager will periodically review the use of fixed-term contracts to ensure compliance with employment law, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, Social Care Wales requirements and the service’s Statement of Purpose.

Where a breach of employment rights, regulatory requirements or internal procedures is identified, appropriate corrective action will be taken promptly.

4.9 Continuity of Care and Safe Staffing

The use of fixed-term employees must not prevent individuals receiving the continuity of care and support that is reasonable and necessary to meet their assessed needs and support them to achieve their personal outcomes.

Before appointing, extending, replacing or ending a fixed-term care or support role, the Registered Manager or delegated manager must consider the potential effect of the staffing arrangement on:

• the assessed care and support needs of individuals using the service;
• individuals’ personal outcomes;
• continuity and consistency of care and support;
• established relationships between individuals and staff;
• the knowledge, skills, qualifications, competence and experience required within the staff team;
• the needs of individuals who require specialist or consistent support;
• staffing numbers and skill mix;
• the requirements set out in the service’s Statement of Purpose; and
• the service’s ability to comply with the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Fixed-term employees who provide direct care and support must be sufficiently familiar with the individuals they support, including their personal plans, assessed needs, communication requirements, risks, preferences and agreed care arrangements, before undertaking responsibilities independently.

The Registered Manager must ensure that changes resulting from the commencement, extension or expiry of fixed-term contracts are planned and managed so that safe staffing levels and an appropriate skill mix are maintained at all times.

Where the ending of a fixed-term contract would create a risk to safe staffing or continuity of care, appropriate alternative staffing arrangements must be put in place before the employee leaves, so far as reasonably practicable.

Staffing arrangements involving fixed-term employees will be monitored alongside the service’s wider staffing arrangements. Where patterns of repeated fixed-term appointments indicate an ongoing rather than temporary staffing requirement, the Registered Manager will review whether permanent employment or another appropriate contractual arrangement is required.

The rationale for material staffing decisions involving fixed-term employees, including any identified effect on continuity of care and the action taken to manage that effect, must be recorded where relevant.

5. Policy Review

This policy will be reviewed annually or earlier if required due to changes in legislation, CIW guidance, or organisational need. The review will be overseen by the Registered Manager in consultation with HR, and all updates will be communicated to staff accordingly.

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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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