Sub contractor to employee Rights?

Boots123

Evening All,

I have recently been told that I am being made redundant. With only just over a weeks notice.
I had currently worked for the company as a sub contractor with a role as a site supervisor. After working as a sub contractor for 2 years I was asked to become an employee on PAYE with the same role.
My final day of employment now will be one week short of being employed for 2 years. Because I have not served 2 years on the books I am not regarded as having employee rights relating to redundancy.
will any of my time working as a sub contractor help with my case in fighting for redundancy.

Thanks
Boots

comeandgo

Are you in a union? I have heard of employees who were in a position similar who went to court and the court decided that the time as a sub contractor should be used to calculate redundancy payment. The difference was that HMRC had visited employer a number of years previously and told employer that the sub contractors were in fact PAYE.

Boots123

No, I'm not part of any union.

comeandgo

Boots123 wrote: »

No, I'm not part of any union.

Pity, they would have been the ones to help you.

Masomnia

If you were doing basically the same role with no break in service then I think you could try to make the case for it, but be prepared to fight for it.