Want to go part-time: can my employer put me on a fixed-term contract?

[FlossieT]

I've just had 3 weeks off work, officially for stress-related illness but basically completely exhausted/burnt-out.

My doc advised me to reduce my working hours. My employers are being nice about considering this request, but want to replace my current permanent contract with a fixed-term one, as they are not convinced that the remainder of my job can be covered effectively, but also not sure whether it can be packaged up with other work as another full-time post.

Given the current economic climate I'm not thrilled at the prospect of being unemployed in September. But I'm not sure I can continue working full-time without cracking up again.

1. Is this a reasonable offer my employer is making?
   
   
2. Do I have any alternative??

[Sexonlegs]

Hi there. Whenever someone has been off long term sick where I work, we do look at reduced hours for a short period of time. We wouldn't change their contract permanently though, and certainly would not put them on a FTC.

What about a job share?

[flowerybeanbag]

How long have you worked there flossie? It's a bit of a bizarre suggestion they are making tbh. Your employment rights in terms of unfair dismissal and entitlement to redundancy etc are exactly the same regardless of whether your contract is called 'fixed term' or not, so I struggle to understand how much of a benefit they would get from doing this. If there was no work for you to do at the end of the proposd fixed term they'd have to go through the normal dismissal procedure and if you'd been there 2 years you'd be entitled to redundancy pay, exactly the same as if you stayed on your permanent contract.

See here about fixed term work.
If they are moving you to a job where it is for example a project with an end date, or a contract your employer is fulfilling with an end date, I can see the logic, and that makes sense, but in terms of your rights, nothing changes.

[FlossieT]

Ah, whoops - left out that bit in my first post! I've only been there since mid-Sept so am pretty vulnerable on the whole employment-rights area.

They say they do not want a job-share or two part-timers to cover the same work, and as far as I can tell, I have no comeback in this area; they are small enough (around 35 employees) that even if I had the right to take them to tribunal over it, as I understand it a tribunal would think it reasonable given their size not to expose them to the greater risks of replacing part-time employees.

Mine is a new post, in a bit of the business they are looking to expand, but it is early enough on in this development that they're still not sure how much work there really is to do. So while they feel that probably 1.6 people (my boss being the 1) is not enough to cover the work they need doing, there may not be enough around to justify 2.6 people (and as mentioned previously, they "don't want" to fill the other 0.4 with a part-timer).

Of course - my husband doesn't think I should go part-time, s this may be completely academic, but that's a WHOLE other discussion....

[flowerybeanbag]

Flossie you wouldn't have the right to request flexible working yet anyway, you need to have been there 6 months which you haven't quite yet.

I think actually your employer in the circumstances is being very reasonable, given their size, the fact you've not been there long and the difficulty with working out how much work there is to do.

If you do go part time, doing it on a fixed term contract basis makes virtually no difference to your rights anyway, as per my link, so you wouldn't be losing a lot, other than a feeling of more security in your job. Presumably when the fixed term is up (or even before) you will all review the situation and if they feel it's working and/or have worked out in more detail what is needed, you could then go on to a permanent contract?

[FlossieT]

No, I know that. My request was made informally and on the basis of the doc's advice; I hadn't really expected everything to shake out this way or I wouldn't have taken the job in the first place

It's the job security that's the issue for me. They have promised to clarify the long-term situation with staffing levels by 1 June, but I believe that it's unlikely they will want to extend the contract - I haven't been there long enough for them to see how indispensable I am , and therefore on the pure numbers level it won't make sense to them. But being in a situation where my contract may be terminated more readily, and extended piecemeal rather than being permanent, is not great since we need my salary to eat...

Guess I take the offer and pour as much effort as I can into looking for a new job . Thanks for advice though.