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Fixed Term (Part-time) Employment Contract

EMP.CONT.27

This Fixed Term Contract (Part-time) is designed for a wide variety of roles where the employee is engaged for a defined or fixed term on a part-time basis.

Employers must provide workers and employees with a written statement of their main terms and conditions of employment (often known as a Standard Form Section One Statement).

This Employment Contract covers the requirements of a Standard Form Section One Statement and must be provided to the employee or worker by day one of employment.

Fixed-term status and minimum rights

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. Those regulations state that any clause which purports to waive rights regarding unfair dismissal or redundancy is void.

Ways to set the fixed term

The contract offers three alternative ways to define the fixed term:

  • A fixed number of months/years
  • Until a specified project is completed
  • Until a named employee returns to work following maternity leave or sick leave

Ending the contract early and expiry without renewal

This contract includes a clause allowing either party to terminate by giving notice. This can allow the employer to end the contract early without facing a potential claim for damages equivalent to the pay and benefits the employee would otherwise have received up to the agreed end date.

However, in all cases of dismissal the employer must have a valid reason which can be justified, and must have acted reasonably in the circumstances. In such situations it may be advisable to seek legal advice to help avoid a potential claim for unfair dismissal.

Although a fixed-term contract is temporary, expiry without renewal is still technically a dismissal. Dismissal on expiry will usually be fair, but employers should ensure that expiry of the fixed term is the real reason for dismissal and that they act reasonably when ending 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.

What happens at the end of the fixed term

The fixed-term clause includes an optional provision allowing you to specify what happens at expiry: either the contract terminates at the end of the fixed term, or it continues to roll on, subject to notice by either party.

What the contract covers

In addition to the provisions dealing with the duration of the contract, it includes the usual terms on sickness, holidays, remuneration, pensions and retirement. There is a probationary period, and a mobility clause stating that the employee may be required to travel on business within the UK.

Fixed Term (Part-time) Employment Contract is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.

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