Redundancy

[Don747]

Hi there

I’ve been told that my position is being made redundant. I have worked for the company for six years.

Prior to that six years, I worked for the company as a contractor (via an agency) for four years. At the end of four years they terminated my contract because they said I’d be considered an employee and they’d become liable for obligations as an employer.

So I left after those fours years and a few months later a permanent role came up so I rejoined and I’ve now done that for six years.

My question is, should I get my redundancy based on the six years or should the four years also be included (ie 10 years)?

Best wishes,
Don

[atticus]

On this information, it looks like just the 6 years, sorry. The fact that you were previously employed by an agency (not this company) counts against you, as does the few months break.

But look at your employment contract. This may specify a commencement date for the purposes of continuity of employment. This is grasping at straws given what you say about the reasons for terminating the agency role.

[Don747]

Hi many thanks for such a quick answer

Just a follow up question if I may, when I started the six year period I did five months initially as an agency contractor before going permanent on the payroll. I don’t suppose that could be included?

Best wishes
Don

[atticus]

Does that make a difference, i.e. that it could only be 5 years? Look at your employment contract, see what it says about commencement date for continuity of employment.

[ULA]

Were you paid they agency contractor or the company during those 5 months?
Did you have a tmep contract with the company in that time or was your contract with the agency?

[Don747]

So for my most recent job I was an agency contractor for five months and then I went permanent on the payroll for six years.

[ULA]

Unless stated otherwise in your contract of employment then your redundancy will be calculated for the 6 years you have been a permanent employee.

[Don747]

Many thanks for your answer. I guess I had just thought that the legal nature of whether someone is a contractor or employee is sometimes not very clear. Certainly HMRC take this position. So I just thought that when you stand back and look at the overall arrangement, perhaps it could be viewed as an employment arrangement and therefore could qualify for redundancy. I’m just struggling a bit with my situation so perhaps clutching at straws. Best wishes, Don

[BMX90]

Were you TUPE?

[Don747]

No my agency contract just ended and my permanent one started.

[ULA]

This was not then a TUPE situation, so unfortunately nothing changes to the advice given at #7.

Also just to say if the 5 months on the agency contract did not tip you over into a total of 7 years employment then it would not have any bearing on your redundancy payment as it would still be based on 6 years. Redundancy payments are based on completed years of service only.

Sorry you are facing this situation, which having been made redundant myself some time ago I can appreciate, so if you do have any more questions please feel free to come back and ask.

[Don747]

Hi everyone

Thanking you kindly for the information provided. I wonder if I should have received redundancy from the company when I left after the first four years (albeit I was working through an agency)? The reason I had to leave was because they said after four years I was considered to be an employee.

Best wishes
Don

[ULA]

Was you contract with the company or the agency?

[Don747]

It was with the agency.

[ULA]

When you left the company as an agency worker was this the natural end of your contract term?

Even if there was any possibility of a redundancy (which is questionable) you would now be out of time to make a claim.