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Contract Termination Guidelines

1 Introduction

The appointee contract termination guidelines aim to ensure that SQA operates a fair, consistent and transparent procedure for termination of appointee contracts.

2 Scope

These guidelines apply to all appointment types and to the following situations:

Termination by SQA
Termination by the appointee
Termination of fixed term contracts

3 Guidelines

SQA may suspend an appointee at any time and for any reason. SQA will notify the appointee in writing of the suspension, and the suspension will take place immediately.
SQA may, at its discretion, provide the reason for the suspension, but 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.
SQA reserves the right to terminate the appointment of appointees at any time and for any reason. Examples of the circumstances in which SQA may terminate an appointment (but are not limited to):
- Any material breach of the provisions of the Terms and Conditions of Contract, Code of Conduct or your Invitation to Provide Services.
- Any material breach of the obligations of confidentiality.
- Performance of services, of which SQA will be sole arbiter, is considered unsatisfactory.
- In the opinion of SQA 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 which are relevant to the duties as an appointee, or failure to notify SQA that the appointee is the subject of any investigation which may affect the appointment.
- Unable 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.
All decisions are final and not subject to appeal.

4 Procedure for Termination by SQA — Performance of Service

Identified performance related issues will be managed within the business areas as appropriate. In situations where further action is required the following will apply:

SQA Head of Appointee Management will be notified by an SQA business area that an Appointee’s performance is unacceptable and seek advice.
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 Head of the appropriate Business Area.
In certain circumstances the 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.

5 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 information security policy, or breach of confidence relating to SQA’s affairs;
serious breach of SQA’s rules, policies 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.

6 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.

7 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 further contracts will be issued.

Guidelines Review Date: December 2012

Guidelines Owner: Head of Appointee Management