Can anyone tell me how i stand on this.
I have been told that i am to be made redundant, after years working with this company....due to cut backs.
Now we have some one that was hired as a temp, to cover maternity leave.....the person he covered for, has come back to work - and this person is still here, has no contract, like the rest of us.....just told they will review in the next couple of months etc..
Is there any law that he should really dismiss the temp staff, before the contracted staff?? Just seems wrong to me.
temp staff / contract staff
- 04-05-10, 04:16 PM #1used
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temp staff / contract staff
- 06-05-10, 10:06 AM #2
Employees on fixed term contracts are protected from less favourable treatment I'm afraid, they can't be selected for redundancy just because they are not permanent.
Normally an employer would just not extend fixed term contracts and let temps go when their contract is up, but it sounds as though this person doesn't even have an end date or anything, if the person they were covering is back and they are still around.
How long has the person he was covering been back? If it's just literally happened, and he is doing the same job as you, and you have been made redundant, you could argue that your redundancy isn't genuine because they've essentially put this person in your job by making you redundant.
If he's been here a while after the woman on maternity leave has been back, that's more difficult to argue as it's established that there is an additional post.
- 06-05-10, 04:02 PM #3used
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Thanks Thanks Very much....i have been in touch with acas, who were fab....and to be honest, i do not have a leg to stand on.
There has been a lot of politics going on ( pardon the pun-today of all days).....but proving it, is almost impossible.
One thing, i did learn, was that the office manager, made it common knowledge that i was going to be made redundant the next working day, after i was given the letter and interview to say i was up for redundancy....which acas said i could have a case for unfair dismissal....as it wasn't finalised and by this person saying this, she was insinuating that the decision was final... i had not had the opportunity
Not a nice position to be in, and i really don't know if i want to go through the stress....and work in a place where it is clear i am no longer wanted.
Thanks for taking the time to respond.
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