3.5 Termination of Contract
SQA has a fair, consistent and transparent policy for termination of appointee contracts. This policy and associated procedures applies to all appointee types and applies to the following situations:
- Termination by SQA
- Termination by the appointee
- Termination of fixed term contracts
SQA will determine when termination of contract is required and reserves the right to terminate the appointment of an appointee at any time without further obligation of payment.
All formal communication with an appointee who has their contract terminated by SQA will be documented.
SQA may suspend an appointee at any time. SQA will notify the appointee in writing of the suspension, and the suspension will take place immediately. The reason for the suspension may be provided at SQA’s discretion, but SQA is under no duty to do so. SQA will notify the appointee if they are to recommence duties, and the commencement date. SQA reserves the right at any time during the suspension to terminate the appointment.
Termination by SQA
SQA reserves the right to terminate an appointment at any time. Some examples of the circumstances in which SQA may terminate a contract are listed below (but are not limited to):
- any material breach of the provisions of the Terms and Conditions of contract, the code of conduct, or your letter of appointment
- unsatisfactory performance of services, of which SQA will be sole arbiter
- conduct is such as to cause doubt about integrity and/or honesty of the appointee
- the appointee in any way brings into disrepute the name, reputation, and interests of SQA, its employees, board, other people associated with SQA, or its offices, products or services
- failure to notify SQA of any criminal convictions or legal proceedings, or failure to notify SQA that the appointee is the subject of any investigation which may affect the position as an appointee
- inability to provide contract services due to ill health or injury or for any other reason
- a corporate decision by SQA alters contract requirements
- a reduction in the number of entries renders services surplus to requirements
Procedure for termination by SQA — performance
Identified performance related issues will be managed within the business areas as appropriate. In situations where further action is required the following procedure will be followed.
SQA’s Head of Appointee Management will be notified by a business area that an appointee’s performance is unacceptable.
The decision to terminate the contract will be made following investigation by a panel. The panel will consist of the Head of Appointee Management and the Head of the appropriate Business Area.
In certain circumstances SQA’s Head of Appointee Management will contact the appointee to arrange a meeting. The appointee will be able to present their views at the meeting and an outcome will be agreed.
Formal communication of termination of the appointee contract will be issued by the Manager, Appointee Services.
If required, all SQA material must be returned to SQA before final payment of outstanding fees and expenses. All fees and expenses will be paid to the date of termination of contract by SQA.
Procedures for termination by SQA — offences
An appointee contract may be terminated without notice if, after investigation, it is deemed that the appointee has committed an offence of the following type:
- theft, fraud, deliberate falsification of SQA documents, records, reports, accounts, expense claims
- assault or attempted assault on another person
- deliberate and serious damage to SQA property
- sexual, racial or other forms of harassment and bullying
- gross negligence
- gross insubordination or refusal to carry out duties or reasonable instructions
- deliberate disclosure of confidential information
- deliberate breach of SQA’s confidence relating to SQA’s affairs
- serious breach of SQA’s rules, policies, code of conduct or procedures
- use of SQA’s assets, services or confidential information for personal ends
- conviction of a criminal charge which, in the opinion of SQA makes the appointee unsuitable to carry out his/her duties
All decisions are final and not subject to appeal.
Procedure for termination by the appointee and at termination of fixed term contracts
An appointee may terminate their contract at any stage without penalty.
Fees and expenses for work successfully completed to the date of termination will be paid.
Procedure for termination of fixed term contract
All appointees should note that on completion of a fixed term contract all contractual obligations with SQA cease and there is no guarantee that further contracts will be issued.