From temp to permanent: would I be entitled to redundancy package reflecting full length of service?

edited 31 January 2021 at 8:54PM in Redundancy & redundancy planning
9 replies 291 views
EasyToAssemble01EasyToAssemble01 Forumite
75 Posts
Second Anniversary 10 Posts
Forumite
edited 31 January 2021 at 8:54PM in Redundancy & redundancy planning
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.



Replies

  • sharpe106sharpe106 Forumite
    3.6K Posts
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite
    It is total length of service so yes.
  • anniecaveanniecave Forumite
    2.4K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    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?
    Indecision is the key to flexibility :)
  • edited 1 February 2021 at 12:19AM
    General_GrantGeneral_Grant Forumite
    4.5K Posts
    Tenth Anniversary 1,000 Posts Name Dropper
    Forumite
    edited 1 February 2021 at 12:19AM
    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.
  • EasyToAssemble01EasyToAssemble01 Forumite
    75 Posts
    Second Anniversary 10 Posts
    Forumite
    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.
  • ThrugelmirThrugelmir Forumite
    89.5K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Were you a fixed term contractor? 
  • EasyToAssemble01EasyToAssemble01 Forumite
    75 Posts
    Second Anniversary 10 Posts
    Forumite
    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_GrantGeneral_Grant Forumite
    4.5K Posts
    Tenth Anniversary 1,000 Posts Name Dropper
    Forumite
    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.
  • ThrugelmirThrugelmir Forumite
    89.5K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    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. 
  • anniecaveanniecave Forumite
    2.4K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    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?
    Indecision is the key to flexibility :)
Sign In or Register to comment.
Latest MSE News and Guides

Did you know there's an MSE app?

It's free & available on iOS & Android

MSE App

Regifting: good idea or not?

Add your two cents to the discussion

MSE Forum

Energy Price Guarantee calculator

How much you'll likely pay from April

MSE Tools