From temp to permanent: would I be entitled to redundancy package reflecting full length of service? 31 January 2021 at 8:52PM edited 31 January 2021 at 8:54PM in Redundancy & redundancy planning 9 replies 291 views

EasyToAssemble01

I'm not at risk of redundancy, but felt I should get some advice on this (I've already been through one redundancy about 8 years ago, so the thought of another creeps into my mind every now and then).
I've been made a permanent member of staff just over one year ago, and therefore entitled to redundancy pay. However, I've been performing the same exact role on an ongoing temporary contract for 6 years prior to this. The role has been performed full time, with uninterrupted service, and the same job description throughout.
My question is whether I would have a case for claiming a redundancy package that includes the years I spent working on a temp contract?.
As far as I'm concerned, the employer dragged their feet on awarding permanent contracts, and I feel my uninterrupted service should give me a case for including these years.
Has anyone else ever been in the same situation? Is this something that might be worth getting legal advice on? I am not at risk of redundancy. But, it might be prudent to get my ducks in a row, should the worst happen.

sharpe106

It is total length of service so yes.

anniecave

Have you been employed directly by your current employer throughout the entire time period or were you for example via a recruitment agency for the 6 years previously?

General_Grant

EasyToAssemble01 said:

I'm not at risk of redundancy, but felt I should get some advice on this (I've already been through one redundancy about 8 years ago, so the thought of another creeps into my mind every now and then).
I've been made a permanent member of staff just over one year ago, and therefore entitled to redundancy pay. However, I've been performing the same exact role on an ongoing temporary contract for 6 years prior to this. The role has been performed full time, with uninterrupted service, and the same job description throughout.
My question is whether I would have a case for claiming a redundancy package that includes the years I spent working on a temp contract?.
As far as I'm concerned, the employer dragged their feet on awarding permanent contracts, and I feel my uninterrupted service should give me a case for including these years.
Has anyone else ever been in the same situation? Is this something that might be worth getting legal advice on? I am not at risk of redundancy. But, it might be prudent to get my ducks in a row, should the worst happen.

As one of the bits of data which has to be included in your written particulars of employment is the date that continuous employment began, what does your latest documentation say is the start date of your employment?
And you know that you wouldn't be entitled to statutory redundancy pay unless you had completed two years of continuous employment, not one.

EasyToAssemble01

anniecave said:

Have you been employed directly by your current employer throughout the entire time period or were you for example via a recruitment agency for the 6 years previously?

The 6 years was via an agency. And where it gets interesting, is that the agency that employed me is owned by the same organisation that I am now permanent with.

Thrugelmir

Were you a fixed term contractor? 

EasyToAssemble01

General_Grant said:

As one of the bits of data which has to be included in your written particulars of employment is the date that continuous employment began, what does your latest documentation say is the start date of your employment?
And you know that you wouldn't be entitled to statutory redundancy pay unless you had completed two years of continuous employment, not one.

Well, as I mentioned, I was made a permanent member of staff just over a year ago, after going through an official internal recruitment process. Prior to that, I was performing these same duties for 6 years as a temp member of staff, under contracts which were renewed each year. What's unusual about my situation is that the agency is actually owned by the same organisation I am now employed by.

General_Grant

EasyToAssemble01 said:

General_Grant said:

As one of the bits of data which has to be included in your written particulars of employment is the date that continuous employment began, what does your latest documentation say is the start date of your employment?
And you know that you wouldn't be entitled to statutory redundancy pay unless you had completed two years of continuous employment, not one.

Well, as I mentioned, I was made a permanent member of staff just over a year ago, after going through an official internal recruitment process. Prior to that, I was performing these same duties for 6 years as a temp member of staff, under contracts which were renewed each year. What's unusual about my situation is that the agency is actually owned by the same organisation I am now employed by.

You have not answered my question of what your current contract documentation says about the start date of your continuous employment.

You originally said that because you had been employed in the permanent position for just over a year you would be eligible for redundancy pay.  I was pointing out that you need two complete years of service to be eligible for statutory redundancy pay.

Thrugelmir

EasyToAssemble01 said:

General_Grant said:

As one of the bits of data which has to be included in your written particulars of employment is the date that continuous employment began, what does your latest documentation say is the start date of your employment?
And you know that you wouldn't be entitled to statutory redundancy pay unless you had completed two years of continuous employment, not one.

Well, as I mentioned, I was made a permanent member of staff just over a year ago, after going through an official internal recruitment process. Prior to that, I was performing these same duties for 6 years as a temp member of staff, under contracts which were renewed each year. What's unusual about my situation is that the agency is actually owned by the same organisation I am now employed by.

After 4 years by default you assume the same rights as a permanent member of staff. 

anniecave

Thrugelmir said:

EasyToAssemble01 said:

General_Grant said:

As one of the bits of data which has to be included in your written particulars of employment is the date that continuous employment began, what does your latest documentation say is the start date of your employment?
And you know that you wouldn't be entitled to statutory redundancy pay unless you had completed two years of continuous employment, not one.

Well, as I mentioned, I was made a permanent member of staff just over a year ago, after going through an official internal recruitment process. Prior to that, I was performing these same duties for 6 years as a temp member of staff, under contracts which were renewed each year. What's unusual about my situation is that the agency is actually owned by the same organisation I am now employed by.

After 4 years by default you assume the same rights as a permanent member of staff. 

What 4 years are you referring to here? The 4 years as an agency worker? Agency workers aren't entitled to redundancy pay. 
Has the OP confirmed what their current employment contract confirms as their employment start date?