Roles and responsibilities

It is important during any process which may result in the dismissal of an employee the people fulfilling the roles below are aware of their responsibilities.

Human Resources

Human Resources will email the manager of the employee in good time before the expiry of the fixed term contract to remind them that the contract is coming to an end and the steps which they must follow in order to terminate the employment (under the Procedure) or to extend the employment (under the SR1 procedure).

The employee can at this stage waive their entitlement to a meeting.

The HR Business Partner acts on behalf of the Director of Human Resources in accordance with paragraph 8 of the ‘Principles and Standards’, advising at all stages to ensure that decisions relating to the Procedure are fair, reasonable and consistent.

In particular, the HR Business Partner will advise managers in Colleges/Services on the application of the Procedure. In most cases, it will not be necessary for the HR Business Partner to attend the meeting under paragraph 3 of the Procedure, but in complex cases it may be agreed that they should attend this meeting to take notes and advise the manager, asking questions where appropriate. The HR Business Partner will also advise the manage in the notification of their decision in accordance with section 3.4 of the Procedure.

Manager

This is the manager who has authority to take action under section 3 of the Procedure.

Unless the manager has been notified by Human Resources that the employee has opted out of the Procedure for the Non-Renewal of a Fixed-Term Contract and waived their right to a meeting prior to a decision being made, the manager should:

  • write to the employee explaining the circumstances which may result in their dismissal;
  • invite them to a meeting to discuss the issue, giving a minimum of two weeks’ notice;
  • advise the employee that they have the right to be accompanied by a fellow worker or trade union representative;
  • advise the employee that they are ‘at risk’ and draw their attention to the Redeployment Procedure.

(See template letter)

The manager is responsible for deciding how the hearing should be conducted (see section on Conducting a meeting). During the hearing itself, they are responsible for ensuring that the hearing is fair and that the employee has the opportunity to challenge the evidence and to present their case fully.

In exercising this role, they should take advice from the HR Business Partner appointed to support them. However, it is the manager who has been delegated authority by the University to take action and, after taking advice, it is their responsibility to make a decision in accordance with section 3.1 of the Procedure. Similarly it is the manager who will be required to defend that decision at any appeal or subsequent Employment Tribunal.