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Memorandum

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Memorandum

    Memorandum

    To: Dr J Bloggs

    School of _

    From: Mrs A O’Neill, Human Resources Manager

    Date: 14 November 2006

    Name: Mr A N Other

    Job Title: Research Assistant

    School/Centre: School of _

    Account Code: AA03793*2000*00*UM*00*00000

    Contract Expiry Date: 31 March 2007

    Date of Commencement: 1 January 2004

    I am writing to inform you that the contract of employment of the above member of staff, for whom you have responsibility, is due to expire as indicated. In law, the expiry of a fixed term contract is a dismissal and where employment comes to an end after two or more years, the member of staff may also be entitled to a statutory redundancy payment. Please contact me if you would like advice on this.

RENEWAL

    If the contract is to be renewed, you should give careful consideration as to whether this should be converted to a contract of indefinite duration. Staff who have been employed for four years or

    more by 10 July 2006, and whose contract is to be renewed beyond that date, will be moved onto an open ended contract, unless the manager informs us there is a legal objective

    justification for not doing so. The enclosed HR1 form should be completed and returned to me as thsoon as possible. If we do not receive a response by the 15 of the month prior to the expiration of

    the contract, we cannot guarantee salary payment to an individual. Please contact me if you would like advice on this. Please note that 3 months prior to the end of a fixed term contract a letter will be sent to the employee serving them notice. This is to ensure the University has covered its legal obligations to the employee should the renewal take place late or not at all.

NON-RENEWAL

    Under the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, and for Academic and Academic Related staff under the University‟s Statutes and Ordinances, the University has certain legal obligations towards staff reaching the end of a fixed-term contract. If an extension is unlikely or uncertain you must start the process of consultation immediately (see notes on the Procedure for the Termination of a Fixed-Term Contract attached) or at least four

    months prior to the expiry date. All employees are entitled to bring a trade union representative or work colleague to these meetings. Details of meetings should be documented and retained. If you do not have direct management responsibility for this member of staff, please pass this letter on to the appropriate manager for them to take the necessary steps. Please note that 3 months prior to the end of a fixed term contract a letter will be sent to the employee serving them notice. This notice will run concurrent with your consultation meetings.

When the dismissal meeting has been completed you should immediately return the pro-forma “Termination of Fixed-Term Contract”to me. You should be aware that an employee has the right

    to appeal against their dismissal at the end of their fixed-term contract.

    If you require any further guidance or advice regarding this process please contact me before commencing the meetings. Queries regarding grants or funding, should be directed to the School Research Administrator/Finance Office.

Encs: HR1 Sample Letters

     Termination of Fixed-Term Contract Pro-Forma Checklist/Countdown

     Procedure for the Termination of Fixed-Term Contracts

    Memorandum

    To: Mrs A O’Neill

    Human Resources Office

    From: Dr J Bloggs

    School of _

    stDate: 1 March 2007

    Re: Mr A N Other

    TERMINATION OF FIXED-TERM CONTRACT

    I can confirm that I have reviewed this appointment in line with the attached procedure.

Meeting Date Notes (please note if Representative was

    present and if so their name)

    Consultation Meeting 1

Consultation Meeting 2

    (Please note your

    discussions on

    alternative

    employment)

Final Consultation

    Meeting

Dismissal Meeting

    The fixed term contract will terminate on …………………………………………………………..

    The reason for the termination is ……......................................................................................

    Signed ……………………………………………………………………Date ……………………………….

    PRINT NAME……………………………………………………………………………………………………

    PROCEDURE FOR THE TERMINATION OF A FIXED-TERM CONTRACT

    If the contract is unlikely to be renewed or renewal is uncertain the following procedure should be followed. The employee is entitled to bring a trade union representative or work colleague to these meetings. Details of meetings should be documented and retained.

Action

    Consultation Meeting 1 (At least 4 months before expiry of FTC) LETTER ONE

    Invite the employee to meet with you to discuss the situation. Review the grounds for the possible non-

    renewal of the fixed term contract e.g. is funding available, the permanent post holder is returning to work, the

    project will be completed. Consider possible other options e.g. renewal of the contract (if this is uncertain), redeployment, and alternative employment.

Employee Served Notice (3 months before expiry of FTC) LETTER TWO_HR

    HR Office will serve employee notice regardless of what the eventual outcome may be of the consultation

    meetings. This is to ensure that the University has covered its legal obligations to the employee.

    Consultation Meeting 2 (At least 2 months before expiry of FTC) LETTER THREE

    Invite the employee to meet with you again to review the situation in light of any further information that has

    become available e.g. if funding is an issue consider whether the previous assessment is still valid and whether any alternative funding streams are available. He/she should be given the opportunity to make

    representations, for example, about possible sources of funding or redeployment as part of the consultation process.

If it is still likely that the fixed term contract will not be renewed you should ensure that the individual

    understands that his/her employment is likely to come to an end.

Consultation should take place on the prospect of alternative options taking into account the post holder‟s

    aspirations including redeployment options in the School/Faculty. If they are interested in redeployment they

    can be placed on the Redeployment Register through the Human Resources Office.

    Provide guidance on where Information on other jobs in the University can be found at http://www.man.ac.uk/news/vacancies/ or in printed format in the HR Office

    Further information on job seeking skills or developing transferable skills offered by STDU (Tel. No. 275 2525) can be found on http://www.intranet.man.ac.uk/rsd/tdu/index.htm

    Further advice is available from the University‟s Career Service (Tel. No. 275 2828) http://www.careers.manchester.ac.uk/

For jobs in other Institutions in science, research, academic and related jobs in the UK and abroad

    http://www.jobs.ac.uk/ is a useful website. You may be able to suggest other websites, networks etc which

    may be of assistance to the employee in seeking alternative employment.

Final Consultation Letter (At least 6 weeks before expiry of FTC) LETTER FOUR

    Write to the employee confirming the consultation which has taken place and explain in detail why the fixed term contract may not be renewed and invite them to a meeting, advising them of their right to be represented.

This meeting incorporates the Review required under the University‟s Statute for Academic and Academic

    Related staff. At this meeting the decision to terminate the fixed term contract should be confirmed.

Dismissal Meeting and Letter (At least 4 weeks before expiry of FTC) LETTER FIVE_HR

    Hold a dismissal hearing informing them of the final decision. You should inform the employee that this decision will be confirmed in writing by the Human Resources Office and make them aware that they have the

    right to appeal against this decision, details of which will be included in the letter. Return the Termination of the Fixed-Term Contract pro-forma immediately to Human Resources to confirm the outcome. If the member of

    staff has more than two years service they may be entitled to a Statutory Redundancy payment Human

    Resources will confirm the amount to the individual in the final letter.

    MANAGER’S CHECKLIST

    ; Have you met with the member of staff in line with the attached guidance?

    ; If the contract is not to be renewed did you explain to the member of staff why?

    ; Have you made the member of staff aware of the contract end date?

    ; Have you discussed with the member of staff any efforts to extend the employment

    (such as information about the progress of grant applications etc?)

    ; Have you explained that if they are interested in redeployment activities that they

    contact HR?

; Have you discussed with the member of staff the University‟s training facilities (for

    job seeking skills or to develop transferable skills?)

    ; Have you informed the member of staff that advice is available from the

    University‟s careers service?

    ; Have you checked that the member of staff knows how to find out about vacancies

    elsewhere in the University, such as through the intranet, internet or HR Office?

    ; Have you informed the member of staff that the above will be confirmed to them in

    writing?

; Have you explained that they can appeal against this decision?

Consultation Meeting 1 (At least 4 months before expiry of FTC) LETTER ONE

Dear

    As you know, your fixed term contract with the University is currently due to expire on [ ]. Regrettably due to [explain e.g. reduced student demand for a course, lost funding , etc] we are concerned that the University may not be able to renew your contract of employment beyond the expiry date.

    I would therefore like to meet with you on [date and time] at [place] to consult with you about the situation and to consider your comments in relation to the possible expiration of your contract

    If you wish, you may be accompanied to this meeting by a work colleague or a trade union representative. Could you please confirm that you are able to attend this meeting.

If you have any queries, please let me know.

Yours sincerely

Line Manager

Employee Served Notice (1_3 months before expiry of FTC) LETTER TWO_HR

    THIS LETTER TO BE SENT BY HUMAN RESOURCES OFFICE

Dear

Re: Termination of Fixed Term Contract

    In accordance with the terms of your current contract at the University you should treat this letter as [3 Months] formal written notice. Your employment will terminate on the grounds of the expiry of your fixed term contract due to [reason]. Your final day of employment will therefore be [date].

    The process of consultation should have already been instigated by your line manager. Please contact me if this is not the case.

    Yours sincerely,

Human Resources Manager

Consultation Meeting 2 (At least 2 months before expiry of FTC) LETTER THREE

Dear

    Following our meeting [ ], I am writing to invite you to a further meeting on [ ] at [ ] to discuss the situation with you further and in particular to consult further with you as to the potential expiration of your fixed term contract on [ ], to consider any appropriate alternatives, vacancies at the University and in particular [identify any particular issues

    raising out of the first consultation meeting].

    I would again like to remind you that you are entitled to be accompanied to this meeting by a work colleague or a trade union representative.

    Could you please let me know by [ ] if you are unable to attend this meeting so that I can arrange an alternative date/time.

If you have any queries, please do not hesitate to let me know.

Yours sincerely

Line Manager

Final Consultation Letter (At least 6 weeks before expiry of FTC) LETTER FOUR

Dear [ ]

    I write further to the meetings on [ ] and [ ] to discuss your future with the University.

    At our first meeting [at which you were [accompanied by [ ]/[chose not to be accompanied] I explained that the University believed it may be necessary for your current fixed term contract to expire without being renewed due to [outline reason]. I also indicated that I would consider any comments which you wished to make to enable the University to look at other options and alternatives before reaching any decision.

    It appears that despite consultation and seeking to find suitable alternative posts and/or funding, that your position remains at risk. The University has no option but to consider whether your employment should terminate upon the expiry of your current contract on [date] for the reasons outlined above. [In accordance with Statute XIII, Part II, paragraph 7

    [ ] has been designated by the President and Vice Chancellor to review whether your 1employment will terminate by reason of the expiry of your fixed term contract. ]

    The meeting at which this matter will be considered is to be held on [ ] at [ ]. You have the right to be accompanied by a colleague or trade union official to this meeting and please take this letter as a formal invitation. If your representative is unable to attend this meeting please let me know as soon as possible so that the meeting can be rearranged.

If you have any questions please do contact me.

Yours sincerely

Line Manager

     1 Academic and Academic Related Staff only

    Dismissal Meeting and Letter (At least 4 weeks before expiry of FTC) LETTER FIVE_HR THIS LETTER TO BE SENT BY HUMAN RESOURCES OFFICE ON RECEIPT OF

    PAPERWORK

    Dear

    Further to the meeting on [ ] with [ ], at which [at which you were [accompanied by [ ]] [chose not to be accompanied], the conclusion, unfortunately, was that we must terminate your employment on the grounds of the expiry of your fixed term contract due to [ reason ]. Please therefore take this letter as formal confirmation that your employment will end on [date], which is the expiry of your current fixed term contract.

    2As the reason for the termination of you fixed term contract was redundancy, you are

    entitled to a statutory redundancy payment of ?[ ] which has been calculated on the following basis:

    Age at termination of employment:

    Length of service:

    Statutory „weeks‟ entitled:

    Statutory redundancy payable:

    [You are entitled to [one_three months] notice of termination and accordingly you should

    3treat this letter as formal written notice under the terms of your contract.]

    I know that I can count on you to carry out your duties to the full on behalf of the University until your employment ends. You will be able to continue accessing details of any vacancies which arise in the University during your notice period via the website at http://www.man.ac.uk/news/vacancies/internal.html . You can also obtain support from the

    Staff Development Unit and the Careers Service; further information on their services can be found on http://www.intranet.man.ac.uk/rsd/tdu/index.htm and

    http://www.careers.manchester.ac.uk/ respectively.

    You have the right to appeal against this decision and if you wish to do so please appeal in writing to [the Registrar and Secretary] within 10 working days of the receipt of this letter setting out the grounds of your appeal in full.

    Finally, on behalf of the University, may I take this opportunity to thank you for your work in the past and to wish you every success in the future.

    Yours sincerely

Human Resources Manager

     2 Omit if the reason is SOSR

    3 Only applicable if there is earlier termination of the contract than the date specified in the offer/extension letter

    EXPIRY OF FIXED TERM CONTRACT COUNTDOWN

    Timescale Action Responsibility 4 months prior to the end of contract HR Office send expiry of FTC contract memo Human Resources

    4 months prior to the end of contract Line Manager Consultation Meeting 1 with accompanying letter

3 months prior to the end of contract Human Resources Employee Served Notice by letter

    2 months prior to the end of contract Line Manager Consultation Meeting 2 with accompanying letter

6 weeks prior to the end of contract Line Manager Final Consultation Letter

4 weeks prior to the end of contract Line Manager Dismissal Meeting confirm with HR

    4 weeks prior to the end of contract Human Resources Dismissal Letter

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