Redundancy - Fixed Term Contract v Perm Employees

Hi everyone,

My sister works in a small school with 7 teaching staff. 2 of the staff are on 2 year fixed term contracts with an end date of 31st August 2011. The Headteacher has recently written to all teaching staff informing them that if pupil numbers do not increase then 2 members of staff will be at risk of redundancy from 31st August 2011. I understand why this broad consultancy needs to happen to ensure that all staff including FTCs are treated fairly.

The likely outcome of the consultation would seem to be be that 2 of the perms will be selected. This appears to create an anomaly.

2 perm posts are made redundant and then filled by extending or making permanent fixed term contracts. Doesn't this then open the way for an unfair dismissal claim by the perm employees made redundant?

Thanks

Asked and answered on the CAG site.