Fixed Term/Temporary Contracts Guidance - August 2026

18. Non-Renewal of a Fixed Term / Temporary Contract

ACAS discipline, grievance and dismissals guidance expressly applies to the non-renewal of a fixed-term or temporary contract in the same way that it applies to the dismissal of a permanent employee, even though both parties may expect the contract to come to an end. This is because the expiry of a fixed term/temporary contract will still count as a dismissal for the purposes of unfair dismissal law. The Manager / Head Teacher is responsible for the dismissal of an employee.

The following stages are best practice and will comply with the appeals process:

Step 1:  Set out in writing the proposed decision not to renew the fixed term/temporary contract and offer the employee the opportunity to meet to discuss the matter (the employee may be accompanied by a trade union representative or work colleague and should be given reasonable notice). See Appendix B for a sample letter.

If the employee confirms that they wish to attend the meeting:

• Confirm with the employee that the contract of employment is to expire; the date of expiry and that it will not be renewed.

• Explain the reason for the non-renewal.

• Confirm the dismissal, the reasons and the termination date. The dismissal will be on the grounds of redundancy (with or without payment) or Some Other Substantial Reason (SOSR).

• If the employee is one of a pool of employees on a fixed term or temporary contract from which selection for redundancy must be made, the criteria that will be used to make the selection should be explained.

• Check and confirm whether the employee is eligible for redeployment status seeking advice from your HR Business Partner where appropriate.

• Check that the individual is aware of how to access job vacancies via the internet.

• Where an employee has been on a fixed term or temporary contract of 2 years or more and the reason for the dismissal is due to redundancy make them aware that they will be entitled to a redundancy payment. The line manager should contact their HR Business Partner to obtain an estimate of redundancy costs.

Step 2:  After the meeting the employee must be informed by the Manager of the decision and liaise with the HR Business Partner to issue a letter confirming the decision to renew a contract of employment or to terminate the employment.

Step 3:  An employee has the right to appeal against the termination of a temporary or fixed term contract. The appeal should be made in writing where possible, stating the grounds for appeal and to be received at least 7 days before the date of termination. Appeals should be addressed to the Assistant Chief Executive (People, Digital and Policy)

Collective redundancy consultation

The minimum period for collective redundancy consultation is 45 days.

The minimum consultation period where the employer is proposing to dismiss between 20 and 99 employees is 30 days.

Fixed term/temporary contracts that terminate as envisaged by the employer and employee are excluded from the requirement to consult collectively. However, if the employee proposes to dismiss the fixed-term employees earlier than the date agreed (and the reason is redundancy), the employer must include the fixed-term contracts in the count for collective redundancies and must consult on the proposed redundancies.

If the employee has over 2 years’ service the Manager / Head Teacher should consult their HR Business Partner about whether there is an entitlement to a redundancy payment (see section 12).