Fixed Term (Part-time) Employment Contract
This Fixed Term Contract (Part-time) is designed to be used for a variety of different jobs where the employee is taken on for a defined or fixed term, on a part time basis.
This employment contract has a General Data Protection Regulation (GDPR)-compliant data processing clause. After 25 May 2018, employers must use this clause, as employers will not be able to rely on the existing generic consent clauses.
Fixed term employees have the same minimum rights as permanent workers and are protected by the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. These regulations state that any clause which purports to waive rights regarding unfair dismissal or redundancy is void.
The contract offers three alternative ways to set the fixed term: -
• The contract period is for a fixed number of months/years, or
• The contract period continues until a specified project is completed, or
• The contract period expires when a named employee returns to work following maternity leave or sick leave.
This Fixed Term Contract (Part-time) includes a clause whereby the contract can be terminated by either party giving notice. This allows the employer to terminate the fixed term contract early without facing a potential claim for damages equivalent to the pay and benefits the fixed term worker would have received up to the time the contract was due to end. However, in all cases of dismissal the employer must always have a valid reason for the dismissal that the employer can justify and also the employer must have acted reasonably in the circumstances. In such circumstances it is advisable to seek legal advice to ensure that the dismissal is justified in the circumstances to avoid a potential claim for unfair dismissal.
Although the fixed term contract is agreed to be temporary, its expiry without renewal is still technically regarded as a dismissal. Dismissal on the expiry of a fixed-term contract will usually be fair, but employers should be aware of the need to ensure that the expiry of the fixed term is the real reason for dismissal, and of the need for employers to act reasonably in ending the employee's employment. The ACAS code of practice on disciplinary and grievance procedures does not apply to dismissals due to the non-renewal of fixed-term contracts.
The fixed term clause also contains an optional clause allowing the employer to specify what happens at the expiry of the fixed clause; either the contract terminates directly, or it will continue to roll subject to notice by either party.
In addition to the special provisions relating to the duration of the contract, the contract contains all the usual provisions relating to sickness, holidays, remuneration, pensions and retirement etc. There is a probationary period. Lastly, there is a ‘mobility clause’ stating that the employee can be required to travel on business within the UK.
The Pensions Act 2014 introduced a new state pension for people reaching state pension age on or after 6 April 2016, replacing the previous basic state pension and additional state pension and ending contracting out for defined-benefit schemes. This employment contract has been updated accordingly with the removal of the clause referring to the contracting out certificate.
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Clauses with optional and alternative phrases
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