School Reps' Handbook > Your questions answered

Fixed Term Contracts

When should fixed term contacts be used?

Fixed term and temporary contracts should only be used where it can be seen from the outset that the need for staffing is genuinely short-term. It would be appropriate, for example, to appoint someone on a temporary contract to cover for a teacher on sick leave or maternity leave, or to fill a post pending a permanent appointment being made.

What employment rights do I have?

Teachers on fixed term contracts have the right on a pro rata basis to the same pay and other contractual entitlements, such as pensions and access to training as permanent employees.

All teachers on fixed term contracts accrue statutory protection against unfair dismissal or redundancy after two years' service with the same employer. If there is a need to reduce staffing in your school teachers on fixed term contracts must be treated the same as other employees. The school cannot avoid the use of the redundancy procedure by non-renewal of fixed term contracts.

The normal periods of notice for teachers apply in such cases if the teachers wish to resign or the employers wish to dismiss the teachers after one month's service. Where a fixed term contract contains provision for shorter notice periods and the employer seeks to use these, you should contact Regional Office for advice.

Fixed term employees also have the right to receive statutory sick pay after one month's service.

When can I get a permanent contract?

A fixed term contract will become permanent

After four years or more of continuous service. But service before July 2002 is disregarded under the regulations so the earliest you could use this provision is July 2006.
Where two or more fixed term contracts have been issued (unless the use or renewal of the fixed term contract is justified).

Where can I go for advice?

Advise members to contact Regional Office if they need advice:

on the terms of employment they are being offered;
on their employment rights arising from a fixed term or temporary contract;
if their fixed term contract contains a clause waiving their rights to claim unfair dismissal compensation or a redundancy payment;
if they face an unexpected proposal not to renew or to terminate a fixed term or temporary contract, or if there are staffing reductions which may affect them;
if their contract is not renewed following notification of pregnancy; or w if they are refused maternity leave.