Sub contractor to employee Rights?

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Boots123
Boots123 Posts: 2 Newbie
in Redundancy & redundancy planning
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

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  • comeandgo
    comeandgo Posts: 5,744 Forumite
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    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
    Boots123 Posts: 2 Newbie
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    No, I'm not part of any union.
  • comeandgo
    comeandgo Posts: 5,744 Forumite
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    Boots123 wrote: »
    No, I'm not part of any union.

    Pity, they would have been the ones to help you.
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    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.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
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