DC157-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 outline the framework for the recruitment, management, and termination of fixed-term employment contracts within our domiciliary care organisation. It ensures compliance with UK employment law, particularly the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, while supporting workforce flexibility and the delivery of high-quality care services.

2. Scope

This policy applies to all employees employed directly by {{org_field_name}} on a fixed-term contract, whether full-time or part-time, including employees engaged to provide temporary cover for absence, to meet time-limited service demand, or to undertake work linked to a specific project, contract, funding arrangement or service need.

This policy does not apply to self-employed contractors, workers supplied by an agency or employment business, bank workers engaged under separate arrangements, volunteers, or apprentices unless they are employed directly under a fixed-term contract of employment. However, where such individuals are engaged for the purposes of carrying on a regulated activity, {{org_field_name}} will ensure that recruitment checks, suitability assessments, supervision and workforce assurance arrangements meet the requirements of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and associated CQC guidance.

3. Legal and Regulatory Compliance

This policy is informed by and must be read alongside the following legislation and guidance, as amended from time to time:

Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
Employment Rights Act 1996.
Equality Act 2010.
Immigration, Asylum and Nationality Act 2006 and right to work requirements.
Working Time Regulations 1998.
Data Protection Act 2018 and UK GDPR.
Health and Social Care Act 2008.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, in particular:
- Regulation 17: Good governance;
- Regulation 18: Staffing;
- Regulation 19: Fit and proper persons employed; and
- Schedule 3: Information required in respect of persons employed or appointed for the purposes of a regulated activity.
Care Quality Commission guidance for providers and managers relating to the fundamental standards and workforce requirements.

In applying this policy, {{org_field_name}} will ensure that fixed-term employees are not treated less favourably than comparable permanent employees unless such treatment can be objectively justified, that they are informed of permanent vacancies within the organisation, and that workforce planning, recruitment, supervision, training, appraisal, renewal and termination decisions support the safe delivery of domiciliary care services.

4. Principles of Fixed-Term Employment

{{org_field_name}} adheres to the following principles:

Equality and Fair Treatment: Fixed-term employees will not be treated less favourably than comparable permanent employees as regards terms and conditions of employment, pay, benefits, training opportunities, access to information and workplace opportunities, unless different treatment can be objectively justified.

Access to Opportunities: Fixed-term employees will be informed of suitable permanent vacancies within the organisation and given reasonable opportunity to apply.

Clear Employment Terms: All fixed-term contracts will clearly state the reason for the fixed-term arrangement, the commencement date, expected duration, review arrangements, any end date or event bringing the contract to an end, notice provisions, and any applicable renewal terms.

Safe Staffing and Competence: Recruitment and deployment of fixed-term employees will support safe staffing levels and appropriate skill mix so that people using the service receive safe, effective, person-centred care at all times.

Training and Development: Fixed-term employees will receive induction, training, supervision, professional development, appraisal and competency assessment appropriate to their role.

Transparent Review and Termination: Decisions relating to extension, non-renewal, early termination, redundancy or dismissal will be made fairly, consistently, and in accordance with employment law, organisational procedures and CQC workforce requirements.

5. Recruitment, Pre-Employment Checks and Onboarding

All fixed-term appointments must be made through safer recruitment processes that are proportionate to the role and compliant with employment law, immigration law and CQC requirements.

Before a fixed-term employee commences work, {{org_field_name}} will obtain, verify and retain the required recruitment documentation and evidence, including, where applicable:

proof of identity, including a recent photograph;
evidence of the person’s right to work in the United Kingdom;
a full employment history together with a satisfactory written explanation of any gaps in employment;
evidence of satisfactory conduct in relevant previous employment, including references;
documentary evidence of any qualifications, professional registration, training or experience required for the role;
a Disclosure and Barring Service check, including adult barred list information, where the role is eligible and requires such a check;
occupational health information or self-declarations, where appropriate and lawful, to confirm fitness to carry out the role with reasonable adjustments where required;
confirmation that the individual is suitable for the role and does not fall within any category of person who is unfit to carry on or support a regulated activity.

Offers of employment must be made subject to satisfactory completion of pre-employment checks. No manager may waive mandatory checks unless there is a formally documented risk assessment, lawful basis, senior approval and clear evidence that this does not place people using the service at risk.

Induction for fixed-term employees must be the same as for permanent employees undertaking comparable duties and must include, where relevant, induction to domiciliary care practice, lone working, medicines support, safeguarding, moving and assisting, infection prevention and control, record keeping, confidentiality, duty of candour, emergency procedures, and service-specific competencies.

Where a fixed-term employee is appointed to a care role, they must not work unsupervised until assessed as competent for the tasks they are expected to perform.

5.1 Ongoing Workforce Assurance

{{org_field_name}} will maintain ongoing oversight of the suitability of fixed-term employees throughout the contract period. This will include supervision, appraisal, probationary review where applicable, review of competence, monitoring of conduct and attendance, confirmation of continued right to work, and checks that any required professional registration remains valid. Concerns about capability, conduct, health, fitness or suitability will be managed promptly under the appropriate organisational procedure.

6. Employment Conditions and Rights

Fixed-term employees are entitled to terms and conditions that are no less favourable than those of comparable permanent employees unless the difference in treatment is objectively justified.

This includes, where applicable:

equal pay for the same or broadly similar work;
equivalent annual leave, sick pay, family-related leave, pension access and other contractual benefits on the same basis as comparable permanent staff, subject to pro-rata adjustment where appropriate;
access to training, supervision, appraisal, support and development opportunities relevant to the role;
access to information about suitable permanent vacancies within {{org_field_name}};
protection from discrimination, victimisation, detriment and unfair dismissal in accordance with the law.

Any fixed-term employee who believes they have been treated less favourably than a comparable permanent employee may request a written statement of reasons. The organisation will provide a written response in accordance with legal requirements and will address any concerns through the grievance procedure where appropriate.

7. Contract Review, Renewals and Extensions

All fixed-term contracts must be reviewed in good time before the agreed end date or the occurrence of the terminating event.

The review must consider:

the continuing service need;
safe staffing levels, skill mix and continuity of care;
funding or contractual arrangements;
the employee’s conduct, attendance, competence and performance;
whether the role should end, be extended, or be converted to a permanent post.

Employees engaged on successive fixed-term contracts for four years or more may acquire the right to be treated as a permanent employee unless the continued use of a fixed-term contract can be objectively justified. Managers must seek HR advice before extending or renewing any fixed-term contract where this threshold may be met.

The organisation will communicate the outcome of the review as early as reasonably practicable. Notice of termination or non-renewal will be given in accordance with the contract of employment and the statutory minimum notice provisions, whichever is greater.

7.1 Workforce Planning and Continuity of Care

Managers must consider the impact of any fixed-term appointment, extension or termination on continuity of care, rota resilience, travel arrangements, lone working arrangements, skill mix, medicines support, and the needs and preferences of people using the service.

Where the ending of a fixed-term contract may create a staffing risk, managers must plan in advance to reduce disruption to care delivery and to ensure that safe staffing levels are maintained at all times.

8. Termination, Non-Renewal and Dismissal

A fixed-term contract may end:

on the expiry of the stated term;
on completion of the specific task or project for which it was entered into;
on the occurrence of the specified event that brings the contract to an end, such as the return of the substantive postholder; or
earlier, where the contract contains an express right to terminate early and the organisation follows a fair process.

For employment law purposes, the non-renewal of a fixed-term contract is a dismissal. Managers must therefore ensure that any decision not to renew is fair, evidence-based, non-discriminatory, and supported by an appropriate procedure.

Where the reason for dismissal is redundancy, the organisation will consult with the employee, consider alternatives to dismissal, explore suitable alternative employment where available, and apply statutory and contractual redundancy provisions where eligibility criteria are met.

Where the reason for dismissal is conduct, capability, ill health, or some other substantial reason, the organisation will follow the relevant organisational procedure before any decision is made.

Employees will be informed in writing of:

the reason for the proposed termination or non-renewal;
the date employment will end;
any notice entitlement;
any right of appeal;
arrangements for return of property, final pay, accrued but untaken leave, and record completion.

An exit discussion may be undertaken where appropriate to support service learning, workforce planning and quality improvement.

9. Concerns, Grievances and Appeals

Fixed-term employees may raise concerns relating to recruitment, terms and conditions, less favourable treatment, renewal decisions, workplace treatment or dismissal through the organisation’s grievance, dignity at work, whistleblowing or appeal procedures, as appropriate.

Any employee who believes they have been treated less favourably than a comparable permanent employee may request written reasons for that treatment.

Where a fixed-term contract is terminated or not renewed, the employee will be informed of any applicable right of appeal under the organisation’s procedures.

Employees may also seek support through ACAS early conciliation and, where applicable, may pursue statutory employment rights through an employment tribunal.

10. Monitoring, Governance and Compliance

{{org_field_name}} will maintain effective oversight of the use of fixed-term contracts to ensure legal compliance, safe staffing and good governance.

This will include:

maintaining accurate recruitment, employment and supervision records;
monitoring the number, duration and rationale for fixed-term contracts;
reviewing whether fixed-term appointments are supporting safe staffing levels, continuity of care and service quality;
monitoring equality impacts and ensuring no unjustified less favourable treatment;
auditing compliance with pre-employment checks and workforce records required for regulated activities;
identifying and addressing risks arising from repeated renewals, gaps in recruitment evidence, unsafe staffing levels, or inadequate induction and supervision;
using learning from grievances, appeals, incidents, complaints, audits and workforce reviews to improve practice.

The Registered Manager, HR function and other designated leaders will be responsible for ensuring that this policy is implemented consistently and that records are available to evidence compliance with employment law and CQC requirements.

10.1 Records and Evidence

For each fixed-term employee engaged for the purposes of carrying on a regulated activity, {{org_field_name}} will retain records sufficient to demonstrate compliance with employment law, Regulation 18, Regulation 19 and Schedule 3 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

These records will include, where applicable, recruitment checks, references, proof of identity, right to work evidence, DBS information where lawful and required, qualifications, induction, training, supervision, appraisal, competency assessments, contract review documentation, correspondence relating to renewal or non-renewal, and the outcome of any appeal.

Records will be stored securely, kept up to date, and processed in accordance with data protection law and the organisation’s retention schedule.

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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