Perm/Temp Staff and Re-advertising position

Hi,

I have two questions where I have researched but found differing answers so do not really know what is correct and hoping for some guidence.

Is there anything in Employment Law about the difference between Permanent employees and temporary/agency staff when it comes to making redundancies as in temporary workers should be let go before permanent staff?

Also I understand that your position can not be re-advertised immediately if you are made redundant but does this apply if they re-advertise your position in another country? Even when the role has not changed and all communication is by telephone/email so location is not really relevant?

Many thanks,

Emma

Hi Charlieday

Thank you for your question although I am sorry to hear about your situation.

Employers should consider whether employees can be offered suitable alternative work. Where alternative work is available within the employer's own organisation or with an associated company, employee's should be given sufficient details to enable him or her to decide whether to accept or not.

An employer should consider the possibility of retaining employee's in a temporary capacity until permanent vacancies arise.

If the work being performed by the temps is not of a particular kind and is different to your job, you could argue that there is alternative work which you should be offered. (For the purpose of this answer, temporary worker is deemed to be an Agency Worker not a temporary employee employed by the organisation)

If your organisation is continuing to employ temporary workers and they are performing the same work as you, it could be deemed that there isn't a genuine redundancy. Normally your job must have disappeared.

It may not be a redundancy if your employer immediately takes on a direct replacement for you. But it will not matter if your employer is recruiting more workers for work of a different kind, or in another location (unless you were required by contract to move to the new location).

Have you been been made redundant?

I hope my information is useful.

Please return if you need any further help or to update us with your situation.
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Hello,

Thank you so much for your reply. It is definite I am being made redundant and start the consultation process on Monday. My role is not redundant they have just decided they would prefer it to be done from another location which I am unable to relocate to, there are no other redundancies happening at my site for this reason, and I really dont know why they have decided this for my role. However at the same time there are other redunancies happening within the company due to recession management and we have been told that temporary workers must be let go first - but this for some reason does not apply to me. I have also been told that in my department the three temporary employees we have at present doing the same role as myself (all located at the other location) will continue and due to their already full workloads my role will be replaced either by a new employee or contracted to another company.

Maybe they can do this but I just need to be really clear before the consultation as it just doesnt seem to sit well morally, but I dont know if it matters legally.

Thanks for your help.