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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 {{org_field_name}} uses and manages fixed-term employment contracts lawfully, fairly and in a manner that supports the safe and effective delivery of domiciliary support services.

This policy is designed to ensure compliance with applicable employment and social care legislation, including:

• the Employment Rights Act 1996;
• the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002;
• the Equality Act 2010;
• the Regulation and Inspection of Social Care (Wales) Act 2016; and
• the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Fixed-term employees must not be treated less favourably than comparable permanent employees because of their fixed-term status unless different treatment can be objectively justified in accordance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

Where fixed-term employees undertake regulated social care roles, {{org_field_name}} will ensure that the same statutory requirements concerning fitness, recruitment, registration, induction, training, competence, supervision and safe deployment apply to them as to other staff carrying out equivalent roles.

The use of fixed-term or other temporary staffing arrangements must not prevent individuals receiving the continuity of care that is reasonable to meet their assessed care and support needs. Workforce arrangements will therefore be planned and monitored having regard to individuals’ personal plans, the Statement of Purpose, staffing requirements and the continuity and safety of the regulated service.

Fixed-term contracts may be used to meet genuine temporary workforce requirements, including maternity or other family-related leave cover, long-term sickness absence, temporary increases in demand, time-limited care packages and fixed-term projects. The use of a fixed-term contract will not reduce an employee’s statutory employment rights or the regulatory requirements applying to their role.

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, a fixed-term employee has the right not to be treated less favourably than a comparable permanent employee because they are employed on a fixed-term contract, unless the different treatment can be objectively justified.

When determining whether treatment is less favourable, {{org_field_name}} will apply the pro rata principle where appropriate.

Subject to the applicable statutory rules and any objectively justified difference in treatment, fixed-term employees will have access to terms, conditions and opportunities equivalent to those available to comparable permanent employees. This includes:

• pay and contractual terms appropriate to the role;
• contractual benefits, subject where appropriate to the pro rata principle;
• statutory annual leave and applicable contractual holiday entitlement;
• statutory sick pay where the statutory eligibility requirements are met and any additional contractual sick pay applicable to the employee;
• statutory family-related and other employment leave and rights for which the employee qualifies;
• training, learning and development appropriate to their role;
• appropriate supervision and appraisal;
• protection from unlawful discrimination, harassment and victimisation;
• protection against unlawful detriment and automatically unfair dismissal where the relevant statutory protection applies;
• ordinary unfair-dismissal protection once the applicable statutory qualifying period has been met;
• statutory redundancy rights where the legal qualifying conditions are met; and
• information about permanent vacancies within {{org_field_name}} so that the employee has an opportunity to apply for permanent positions.

Less favourable treatment must not be applied merely because an employee’s contract is fixed-term. Where {{org_field_name}} considers that different treatment is objectively justified, the reasons must be capable of being objectively demonstrated and must be recorded where appropriate.

Successive fixed-term contracts are subject to the statutory rules on permanent status. Where an employee has been continuously employed under successive fixed-term contracts for four years or more, the employee will be treated as a permanent employee unless continued use of a fixed-term contract is objectively justified or a valid collective or workforce agreement lawfully modifies the statutory provisions.

HR or the person responsible for employment matters will monitor successive fixed-term contracts so that the statutory four-year rule is identified and addressed before any further renewal or extension is agreed.

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, Registration, Training and Fitness Requirements for Fixed-Term Employees

Fixed-term status does not reduce or alter the regulatory fitness, registration, induction, training, supervision or competence requirements applying to a person working in the regulated service.

Before a fixed-term employee is permitted to undertake duties, {{org_field_name}} will ensure that the employee is fit to work in the service in accordance with the requirements applicable to their role. This includes completion and verification of the recruitment and vetting information required by the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, including the appropriate Disclosure and Barring Service requirements.

Where the role is one for which registration with Social Care Wales is legally required, the employee must be registered within the statutory timescale and must remain appropriately registered while undertaking the role. Where a person is already required to be registered before undertaking particular functions, {{org_field_name}} will verify the required registration before those functions are undertaken.

All fixed-term employees will:

• receive an induction appropriate to their role;
• complete the relevant Social Care Wales induction requirements where applicable;
• be informed of their responsibilities and lines of accountability;
• receive core training appropriate to the work they perform;
• receive specialist training where this is required by the needs of individuals they support or by the duties they undertake;
• receive appropriate supervision and appraisal;
• be supported to obtain and maintain qualifications, knowledge, skills and competence necessary for their role; and
• be supported to maintain registration with Social Care Wales or another applicable professional or occupational regulatory body where registration is required.

No fixed-term employee will be deployed to undertake duties for which they have not been assessed as appropriately qualified, trained, skilled and competent.

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.

5.4 Continuity of Care and Deployment of Fixed-Term Staff

The employment or deployment of staff on fixed-term or other temporary arrangements must not prevent individuals receiving the continuity of care that {{org_field_name}} has determined is reasonable to meet their care and support needs.

When determining whether and how fixed-term employees will be deployed, {{org_field_name}} will have regard to:

• the Statement of Purpose;
• individuals’ assessed care and support needs;
• individuals’ personal plans and personal outcomes;
• the number, qualifications, skills, competence and experience of staff required;
• continuity and consistency of care;
• the geographical location of individuals receiving domiciliary support;
• travelling time between visits;
• planned and unplanned staff absence; and
• any risks arising from changes of staff.

Where a fixed-term employee provides direct care and support, appropriate arrangements will be made to ensure that the employee is familiar with the individuals they support, their relevant personal plans, risks, communication requirements and care arrangements before providing care independently.

Fixed-term staffing levels and deployment arrangements will be reviewed where changes in staffing could affect the safety, well-being, continuity of care or personal outcomes of individuals receiving the service.

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, Expiry and Non-Renewal of a Fixed-Term Contract

7.1 Expiry and Non-Renewal

A fixed-term contract will normally end when the agreed term expires, the specified task is completed or the specified event occurs, in accordance with the terms of the contract.

Although a fixed-term contract may expire automatically without contractual notice being required solely to bring the agreed fixed term to an end, the expiry and non-renewal of a fixed-term contract constitutes a dismissal for the purposes of employment law.

{{org_field_name}} will therefore not treat the expiry of a fixed-term contract as removing the need to consider the employee’s statutory employment rights.

Before deciding not to renew a fixed-term contract, the manager and HR or the person responsible for employment matters will identify and record the reason for the proposed non-renewal and consider whether a fair process is required. Where the employee has acquired the applicable statutory right not to be unfairly dismissed, {{org_field_name}} must have a potentially fair reason for the dismissal and must act reasonably and follow an appropriate fair procedure.

The expiry or non-renewal of a fixed-term contract must not be because of an unlawfully discriminatory reason, an automatically unfair reason or because the employee exercised a statutory right.

Where the reason for expiry or non-renewal is that the requirement for the employee to undertake work of a particular kind has ceased or diminished, or is expected to cease or diminish, {{org_field_name}} will consider whether the circumstances constitute a redundancy and will follow the appropriate redundancy procedure where required.

Employees with the required period of continuous employment may be entitled to statutory redundancy pay where the statutory redundancy conditions are satisfied.

Where applicable, suitable alternative employment and available vacancies will be considered in accordance with the organisation’s legal obligations and relevant employment procedures.

{{org_field_name}} will provide the employee with written confirmation of the intended expiry of their fixed-term contract at least four weeks before the contractual end date wherever reasonably practicable.

7.2 Early Termination

A fixed-term contract must not be terminated before its agreed expiry date unless:

• the contract permits early termination;
• the employee and {{org_field_name}} agree to terminate the contract; or
• another lawful basis for termination applies.

Where {{org_field_name}} terminates a fixed-term contract early under a contractual provision permitting early termination, the employee will receive the contractual notice to which they are entitled or the applicable statutory minimum notice, whichever gives the greater entitlement, unless dismissal without notice is lawful.

The statutory minimum notice requirements will be applied where relevant. An employee who has been continuously employed for at least one month but less than two years is normally entitled to at least one week’s notice. Thereafter, the statutory minimum generally increases by one week for each complete year of continuous employment, subject to the statutory maximum.

Where a fixed-term contract does not permit early termination, ending it before the agreed expiry date may amount to a breach of contract unless another lawful basis for termination applies.

Any early termination must also comply with applicable unfair-dismissal, discrimination, redundancy and other statutory employment protections.

7.3 Fair Process and Written Reasons

Where a dismissal procedure is required, {{org_field_name}} will follow an appropriate and fair process, including consultation with the employee where required and consideration of relevant representations before a final decision is made.

Where an employee has a statutory entitlement to receive a written statement of the reasons for dismissal, {{org_field_name}} will provide the statement in accordance with the applicable legislation.

Records relating to the decision, consultation, reason for non-renewal or termination and any alternative employment considered will be retained in accordance with the organisation’s records-management and data-protection requirements.

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 Requirements and the Welsh Regulatory Framework

Fixed-term employment arrangements will be managed in accordance with the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Fixed-term status will not be used to avoid or reduce any regulatory requirement concerning the suitability, fitness, registration, induction, training, competence, supervision or deployment of staff.

In particular, {{org_field_name}} will ensure that:

• sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff are deployed at all times, having regard to the Statement of Purpose and the assessed care and support needs and personal outcomes of individuals;
• the use of fixed-term or other temporary staff does not prevent individuals receiving reasonable continuity of care;
• fixed-term employees satisfy the applicable fitness requirements before and throughout their employment;
• required recruitment and vetting documentation is obtained, verified and retained in accordance with regulatory requirements;
• appropriate Disclosure and Barring Service checks and subsequent checks are undertaken in accordance with the applicable regulatory requirements;
• registration with Social Care Wales or another professional regulatory body is obtained and maintained where legally required;
• fixed-term employees receive appropriate induction, core and specialist training, supervision, appraisal and continuing development;
• fixed-term employees are provided with and understand the policies, procedures, codes of practice and information necessary to perform their roles safely;
• staffing arrangements are reviewed where a fixed-term contract is approaching expiry and its expiry could affect staffing sufficiency, safety or continuity of care; and
• appropriate action is taken where a person no longer meets the regulatory fitness requirements for their role.

Where a fixed-term domiciliary care worker is also employed under a non-guaranteed hours contract, {{org_field_name}} will additionally comply with Regulation 42 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Where the conditions in Regulation 42 are satisfied, the worker will be offered the required choice of alternative contractual arrangements. Where the worker elects to remain on a non-guaranteed hours contract, the contractual arrangement will be reviewed again after the applicable further three-month period and a record of the contractual discussion and outcome will be maintained.

Compliance with this policy will be monitored through the organisation’s workforce, recruitment, supervision, contract review and quality-assurance arrangements. Any identified regulatory non-compliance will be addressed promptly and, where a matter triggers a statutory notification or referral requirement, the appropriate regulator, professional body or other authority will be notified in accordance with the applicable legislation and organisational procedure.

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.

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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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