Redundancy Questions - Started Temp, finished Permanent - HotUKDeals
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Redundancy Questions - Started Temp, finished Permanent

kristianity77 Avatar
7y, 4m agoPosted 7 years, 4 months ago
Hi All

Just a quick question regarding an issue where i work. There are numerous people who are employed where i am at and have been members of permanent staff for varying degrees between 12 and 18 months. Prior to this they were all employed on the same site, doing the same job by an employment agency, some for as long as 5 years.

The question is, some of these are being made redundent and are led to believe that because they have only been permanent employees for around 12-18 months, they are entitled to no redundancy. Even though they have been here for upwards of 6 years.

Can this be correct or can any one offer any advice?
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kristianity77 Avatar
7y, 4m agoPosted 7 years, 4 months ago
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#1
I assume that they would of been paid by the agency not directly by the company?
#2
When they were temps they were 'employed' by the agency.

When they moved to permanent they were then employed by the company from that date. Doesn't matter if they were temp for 10 years prior.
#3
during the temp period they were indeed paid by the employment agency.
#5
Babbabooey
When they were temps they were 'employed' by the agency.

When they moved to permanent they were then employed by the company from that date. Doesn't matter if they were temp for 10 years prior.


So if they worked as temp workers for 10 years, then got offered a permanent contract but didnt want to take it and lost there job because of this, they would be entitled to no redundancy am i correct? Yet if they take the job, they also lose there right to 10 years service? So the agency, legally i might add, gets to stick it to the employee regardless and get out of redundnacy payments?
#6
if they were employed by an agency then redundancy pack offered by the company does not take that period into account. It all comes down to company policy. When i got made redundant they only offered redundancy packs for people who were employed for atleast a year. otherwise u get statutory redundancy
#7
You are not eligble for a statutory redundancy payment if you have less than two years of service with your employer *source - http://www.direct.gov.uk/redundancy.dsb*
i took voluntaty redundancy two and a half year ago, i got 2 weeks wage for every year service (8) one week was statutory redundancy pay and the other week was an employer contribution, so they might get something from your employer but the employer doesnt have to give them any redundancy pay
#8
kristianity77
So if they worked as temp workers for 10 years, then got offered a permanent contract but didnt want to take it and lost there job because of this, they would be entitled to no redundancy am i correct? Yet if they take the job, they also lose there right to 10 years service? So the agency, legally i might add, gets to stick it to the employee regardless and get out of redundnacy payments?


Pretty much. That's why companies hire temps.
#9
Babbabooey
Pretty much. That's why companies hire temps.


Thanks for clearing that up. Seems very harsh but i suppose thats just the way it is
#10
It's part and parcel of being a temp unfortunately, I've been temp employed for several years now with no chance of becoming permanent and I know full well they can get rid of me with little notice and leave me without money. Hence I just have to keep money saved for the happening.

Previously I started temp with the company itself then went permanent which meant I did get redundancy pay for the whole period from starting with the company as a temp but it doesn't apply if the temp part was through an agency.

John

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