Redundancy advice

chilli_green

Hi all, new to the forum. I was just hoping to get some advice about potential redundancy (or if anyone knew anywhere I could go to for advice).

I work freelance in TV production. By 'freelance' I mean fixed-term contracts, but I'm paid PAYE, not self-employed.

I've been working at the same company since the start of 2011. This is on a series of fixed-duration contracts, but I've been continuously employed for over 2 years, the contracts separate but running on from each other.

The company works on the basis of renewing contracts at the end of the tax year, following appraisals/reviews with the line manager. After my recent appraisal I was told, basically, that I needed to improve my work in certain areas and that they were going to put me on a three month contract instead of the usual 12-month renewal.

Now the question of the areas of where I need to 'improve' is a separate debate - it's a discussion I've had with my direct manager before and knew I was weak on, but the way this company have essentially put me on probation (without any formal training offered and with my new three month contract back-dated to a few days before I even knew about the meeting) is highly dubious.

However my question is - if by the end of the three months they decide not to renew my contract further do I have any grounds to claim redundancy pay? I didn't think I did as each previous contract was essentially a separate employment, but then someone mentioned that me working on fixed-term contracts is irrelevant to the fact that I've been employed by the same company for over 2 years continuously.

Thanks all.

Takeaway_Addict

You need to find out the reason why they are dismissing you, if it is down to work issues (are these being measured) then it is possible that you can be dismissed for not being capable and it be fair. The only way you would be able to challenge this after an appeal is via a tribunal and then it would be upto them as to whether they felt the performance management was just or not.

If they say there is just not enough work or along those lines then you should argue for redundancy.

Personally, I think you should be looking for another job sharpish and using these 3 months as the buffer period.

chilli_green

Thanks for the reply.

They're not technically dismissing me. Usually they renew contracts for another 12 months. However this time they've said "we think x, y and z need to improve so we're going to put you on a three month contract and we want to see quick improvement".

The areas I've been told to improve in are areas that I mostly know about, but that I had previously been told by my direct boss that I was getting better at. It's apparently just that the top manager wants to "shake things up a bit" and remind people not to be comfortable in their jobs just being there. Some of the other issues raised are primarily based on hear-say and opinion so I now find myself having to fight to prove them wrong.

So essentially it's a case of they will review toward the end of the three months, and if they aren't satisfied presumably just won't renew my contract again. I'm just not sure how statutory redundancy pay works in a situation like this.

And trust me, I am certainly looking for a new job!

Takeaway_Addict

Regardless if the contract ends, if you are employed you are being sacked at the end of the contract. Presuming as you saying you do actually have continuous employment then they either have to dismiss you or make you redundant.

Storm

I agree with Takeaway_Addict. You have over 2 years continuous service, so you will be entitled to redundancy pay if you're not offered a further contract after this 3 month one.

Importantly, you also have the right to not be unfairly dismissed - though I'm not sure how this will tie in with fixed term contracts, so you may need to get proper advice. With permanent contracts this means that if they make you redundant they have to follow a proper redundancy procedure and fairly select who will be made redundant (so if there's more than one person performing a role they can't just pick someone at random). If they say the reason for dismissal is your performance then they should have followed some sort of capability procedure, which will include them clearly setting out the areas of improvement, how improvement will be measured etc.

Have they done this to anyone else? Had these parts of your job been raised before as an areas you needed to work on? Basically they shouldn't leave things until the annual appraisal, if they had concerns about your performance these should have been addressed immediately.

Good luck, I hope you find another job so you can escape an employer who by the sound of it only gives out short term contracts deliberately to keep people concerned for their jobs.