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Dept of the Environment

Answer

Ms Walley: To ask the Secretary of State for the Environment if he will review his decision to require fixed-term contracts under SRB projects to contain waivers of rights to claims for unfair dismissal and redundancies; and if he will make a statement. [33] Sir Paul Beresford: The SRB challenge fund provides support for between one to seven years for regeneration schemes by locally-based partnerships. It is for the partnerships themselves to determine the terms and conditions for any staff they employ directly. However, it is Government policy that fixed-term contracts should contain waivers of right to claims for unfair dismissal and redundancy, as provided under section 197 of the Employment Rights Act 1996. The employee's agreement to the waiver means that protection against unfair dismissal does not apply to a dismissal from employment under a contract for a fixed term of one year or more if the dismissal consists only of the expiry of that term without it being renewed. The waiver does not affect employees' rights to claim for unfair dismissal or redundancy payments in other circumstances. Partnerships involved in SRB challenge fund schemes have been advised that any claims for unfair dismissal or redundancy costs incurred by them as the result of the absence of such waivers will not be eligible for grant assistance where staff were employed on fixed-term contracts after the advice was issued to them.

Secondary information

Type

Written question

Reference

33; 284 c120W

Session

1996-97

Subjects

Conditions of employment Contracts Employment Protection Unfair dismissal Single regeneration budget