Redundancy Questions - Started Temp, finished Permanent

15
Found 24th Jul 2009
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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15 Comments
I assume that they would of been paid by the agency not directly by the company?
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.
during the temp period they were indeed paid by the employment agency.
Babbabooey;5837754

When they were temps they were 'employed' by the agency.When they moved … 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?
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
You are not eligble for a statutory redundancy payment if you have less than two years of service with your employer *source - ]http//ww…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
kristianity77;5837774

So if they worked as temp workers for 10 years, then got offered a … 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.
Babbabooey;5837799

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
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
Starting in may 2016..I was employed on a temp contract with my company. I was salaried on a monthly basis and enjoyed the same benefits as permanent members of staff, or..holidays, sickness, pension etc. In Dec 2017 I was made permanent and have found out that I'm being made redundant. HR state that I am not entitled to any redundancy due to only being perm since Dec 2017..I think they are wrong..can anyone help ?
Alan071 h, 7 m ago

Starting in may 2016..I was employed on a temp contract with my company. I …Starting in may 2016..I was employed on a temp contract with my company. I was salaried on a monthly basis and enjoyed the same benefits as permanent members of staff, or..holidays, sickness, pension etc. In Dec 2017 I was made permanent and have found out that I'm being made redundant. HR state that I am not entitled to any redundancy due to only being perm since Dec 2017..I think they are wrong..can anyone help ?


Sorry but they are correct.
Alan0712 h, 59 m ago

Starting in may 2016..I was employed on a temp contract with my company. I …Starting in may 2016..I was employed on a temp contract with my company. I was salaried on a monthly basis and enjoyed the same benefits as permanent members of staff, or..holidays, sickness, pension etc. In Dec 2017 I was made permanent and have found out that I'm being made redundant. HR state that I am not entitled to any redundancy due to only being perm since Dec 2017..I think they are wrong..can anyone help ?


If you read this thread, you would clearly see they are correct
Speak to ACAS. If you were a temp from another company then they are right. If you were in a temporary contract with your employer and now permanent, then it’s a muddier answer.
Even then you would only get 2 weeks of Stat redundancy.
Alan0718th Sep

Starting in may 2016..I was employed on a temp contract with my company. I …Starting in may 2016..I was employed on a temp contract with my company. I was salaried on a monthly basis and enjoyed the same benefits as permanent members of staff, or..holidays, sickness, pension etc. In Dec 2017 I was made permanent and have found out that I'm being made redundant. HR state that I am not entitled to any redundancy due to only being perm since Dec 2017..I think they are wrong..can anyone help ?


Not sure what everyone else has read, but I'm pretty sure they're wrong as you've been with the same employer. This is completely different to the op who switched from being employed by an agency to the company. You've been with the company for the whole time.
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