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Changing a contract from permanent to temporary.

Discussion in 'Workplace dilemmas' started by luluguinness, Sep 8, 2018.

  1. luluguinness

    luluguinness New commenter

    I'm due to return to work soon (mat leave.)
    I applied for part time to 0.7 which was granted. When I had a discussion with the head teacher, they told me that the 0.7 contract was temporary and to be reviewed end of July. I said I would read over the contract when I recieved it.
    It was never sent so I rang up and spoke to the business manager who replied that it's all "done and sorted." He also said that the HT thought I would probably like to go back to full time after July anyway (I made no such comments.)
    They have just gone ahead and put me on a temp contract without my agreement.
    Can they do this? I have been permanent since I got the job 4 years ago. I work hard and I am consistent etc (if that has anything to do with it!)
    I can see this as a way for the head to usher me out as they don't want part time staff (6 left at the end of last year!)
  2. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Sounds like you and your union need to sit down and have a conversation with the head and HR.
    Did you sort out the problem with KIT days yet?

    It is possible they mean the part time is temporary for that year and will return to full time in September, so is still a permanent contract.
    No, they cannot change your contract without your agreement, but at the same time discussions can be misinterpreted and they might think you have agreed to something and you think you haven't. As your discussion was clearly that the 0.7 was a temporary arrangement and will be reviewed later, it could well be that this is what they've done.
    agathamorse, Pomza and JohnJCazorla like this.
  3. Bedlam3

    Bedlam3 Star commenter

    No, no. They can't just do this unless you agree to it. Give your Union a ring for advice and make sure that anything you are offered from the school is in writing,
  4. nomad

    nomad Star commenter

  5. Rott Weiler

    Rott Weiler Star commenter Forum guide

    By "temporary"! do you mean they have made it a fixed term contract? Expiring when?

    If you made a flexible working request to go to 0.7 they can't also make it a fixed term contract without your agreement (and why would you give that!). Going from 1.0 to and 0.7 and going from permanent contract to fixed term contract are entirely separate and unrelated things.

    Consult your union asap.
    strawbs, Pomza, JohnJCazorla and 2 others like this.
  6. luluguinness

    luluguinness New commenter

    Caterpillartobutterfly yes I did manage to sort out my KIT days with the help of my union, thank you for asking.
    I will be returning to them again to help with this issue. I just needed to put my mind at rest as I haven't had a chance to ring them yet. I also didn't agree to the temporary contract. (I said something along the lines of... "I'm not sure about fixed term, can I read the contract first before we go ahead with this?" They were quite vague when I asked what would happen in July.)

    I made a statutory request.

    Rott Weiler, I do mean fixed term contract. The word "temporary" was used also.

    A few members of staff have left/ had a problem over this (all TA's I'm not sure if it is different for them) with exsisting contracts being changed without permission. Mainly to get staff to full time or hope that they leave.

    I didn't want to spend my Mat leave stressed about the lack of job security right now.

    Thank you for the advice.

    agathamorse likes this.
  7. Bedlam3

    Bedlam3 Star commenter

    It all sounds a bit wrong. It may be wise to start keeping a log of things as you may need it. You can never be sure how these things will develop.
    emerald52 and agathamorse like this.
  8. frustum

    frustum Star commenter

    Under the statutory rules, their reply to your request to go part-time has to be
    - yes, fine, permanent change to 0.7
    - no, with valid business reasons for saying no
    - no (with valid business reasons) but we could negotiate something that does work - but this has to be mutually agreed - if you can't agree, then you are entitled to return full-time, and of course if you don't think they've given valid business reasons you could appeal the decision not to grant your request.

    If they were happy to grant 0.7 for the coming year, I would have thought it's now going to be pretty difficult for them to come up with valid business reasons for not agreeing to the original request.

    Get on to your union. You certainly don't want to agree to a one year contract (even if your school makes life for difficult for part-timers and so you will be looking for a new job).
    agathamorse likes this.

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