Does the statutory dismissal apply at the expiry of a fixed-term contract?
The standard three-step dismissal and disciplinary procedures must be used when the dismissal is because of the expiry and non-renewal of a fixed-term contract. However, if the fixed-term employee has less than one years’ service they will have no remedy against a failure to apply the statutory procedures unless they bring a complaint that does not require a qualification period, such as a claim that his or her fixed-term contract was not renewed because of unlawful discrimination. We would therefore advise employers to apply the standard three-step procedure when dismissing a fixed-term employee with less than one years’ service. In practice, this means setting out in writing the decision not to renew the fixed-term contract and offering the fixed-term employee the opportunity to meet to discuss the decision and, if necessary, to offer the right of appeal. The obligation on the employer is to invite the employee to a hearing at a reasonable time and place, and to inform them of their
