Can my employer turn a permanent session into a fixed term contract one without offering redundancy?

[arses]

I am an AHP and work for the NHS on a variety of different contracts, some of which are paid for by the LEA.

I also had a permanent contract paid for by an individual school.

I am on mat leave now and have just been informed that one of these permanent sessions has been 'added' to the fixed term contract pool while I've been away, basically making the permanent session fixed term contract.

The fixed term contract is due to end in August 2011.

Should I be offered redundancy for this session as it is no longer permanent?

It's not redundancy because the job is still there. It's a change of terms and conditions. If it comes to August 2011 and the contract isn't extended and there is no alternative work available, then it might be a redundancy situation.

So I should just accept it?

It depends. If it's because funding will run out on that date, it's not really a case of you accepting it or not, it's a fact, and will be the case whether they call it permanent or fixed term. Why do they feel it needs to change to be a fixed term thing?

The way it has been explained to me by my manager is that I will get redundancy if it's permanent but would not if it was ftc - they would redeploy me to a lowerbanded role that I would not have the skills for in an attempt to get me to leave.

We don't know if the funding will run out.. basically, the funding streams are different and my manager is going to go back to the co-ordinator of the permanent session and say 'well you can have permanent and pay redundancy if you don't want the contract in August or have fixed-term contract and not be liable for redundancy'.

They have also changed other terms and conditions e.g. I will have to provide sessions in two specialisms instead of one (my colleagues will only have to provide yet I will be paid the same though I will have double the workload); we will not be allowed take holidays in term time but will be expected to cover the same amount of work out of term time while also taking our annual leave entitlement from the same period; the notice period has shortened etc etc and there is no agreement re: redundancy.

That's all I know so far.

What questions should I be asking? We are having a consultation meeting on Fri.

Thanks for your time.

I should also add that I have been told I must return to these ftc sessions instead of other permanent sessions if I want my request for flexible working after mat leave to be granted.

If your manager thinks calling it fixed term means they are not liable for redundancy he/she is mistaken.

It sounds as though this is part of a whole series of changes to your terms and conditions. Your consent is needed to make changes so you can refuse to give consent. They don't get to just change things. If changes will apply to groups of people then getting together and responding as a group will be better.

In terms of flexible working they can't blackmail you into doing something you otherwise wouldn't have to do with a threat to refuse your flexible working request.

As I'm sure you know, you are not entitled to flexible working, only to request it, but all else being equal, if it's possible to accommodate a request it should make no difference if the job is permanent or fixed term.

The way it works with us (NHS) is that its not the length of the post but your length of service which would determine your eligibility for redundancy. Basically with us if you've got more than 2 years service then you've got the same rights as a permanent employee irrespective of whether or not you are in a permanent post.

I know that other employers interpret the law differently.