Unfair Redundancy Selection?

I'm currently being made redundant because my role will move from permanent to short-term contract status.

I'm up for £10k redundancy, so should I be asking for £10k as compensation for the change of terms?

Are you redundant or is your job staying in place but changing contract type? If you still have a job at the moment you are not redundant yet so I doubt they'd want to give you a large sum of money as compensation - you haven't suffered any financial loss at the moment.

Well, the manager is saying (off the record) that he'll give us new jobs in the new structure (on fixed term contracts).

If I do get a job then clearly I'll no longer be Permanent but a contractor. Though with 4 years continuous service this doesn't make much sense.

Have I been made redundant at all? If not then what is the point of the whole process....? If I have then can I claim redundancy/compensation for the change to terms?

Sounds like a real mess.....

'Off the record'? Does sound like a mess I agree! If your employment continues you are not redundant, and should your employment come to an end as a result of a fixed term contract ending, you'd be redundant then, and your entire employment would count for the purposes of calculating redundancy pay.

Well, we're trying to subtlely get him onto the record.

Problem then though is, seeing as we've all been here more than 2 years - would there be any change in our employment status at all if we were to take the new contracts?

No not really. All it would be is you knowing well in advance a date in the future when you will be redundant. So unless there's a genuine reason why it needs to be called 'fixed term', such as working on a specific project that will be ending on x date, or doing something reliant on a specific stream of funding that will be ending on x date, there's not much point.

I suspect your manager may well think he can start your employment again, as it were, by putting you on new fixed term contracts, which of course he can't do.

Well, there are Contract staff onsite and being given work (that we would normally do) at the same time the permanent staff is being made redundant.

Surely that is constructive dismissal?

Not constructive dismissal, no, because the permanent member of staff has been actually dismissed by reason of redundancy.

But if a member of staff was made redundant and then someone else was brought in to do that job, it would be unfair dismissal on the basis that there wasn't a genuine redundancy situation.

I think we're clear that it's not a genuine redundancy situation then.

He is saying that he will take us on 12 month fixed term contracts - but surely as we have more than 2 years continuous service there is no point in hin doing this?

No point at all, no. Anyone who is currently permanent and who stays on will not be redundant and instead will probably be redundant in a year from now. So a bit of a pointless exercise changing contracts.

Anyone who is currently permanent who is made redundant now and someone else brought in to do their job on a fixed term basis will be able to claim unfair dismissal as there is not a genuine redundancy situation.