Redundancy rights between permanent staff and agency workers

Hi,

I have a question on behalf of my husband who works for a large company where they have just been told there are going to be lots of redundancies. He works in Logistics and on his section alone there are going to be 30 redundancies.

The company employees many agency workers as well as permanent staff, and the permanent staff have been told that the 30 redundancies will affect only the permanent staff and that they are keeping the agency staff on. However they have been told that if a redundant permanent employee says that they can do the job of a an agency worker still employed, then they have to apply for that job, and even then may not get it.

He wants to know if this can be done as the permanent staff feel it is not fair that they should be let go before the agency workers.

Many thanks


Hollie

Hi

Thanks for your message. I'm sorry to hear about your husband's situation at work.

The question is whether the Agency Workers are continuing to carry out the work that your husband and permanent employers of the organisation are employed to do.

If it is the case that the employers are made redundant and the Agency workers continue to do the same work, it could be deemed as unfair dismissal as there isn't a genuine redundancy as the work hasn't ceased or diminished.

As there is over 20 proposed redundancies, this would be a collective redundancy situation. Therefore, consultation must be undertaken 'with a view to reaching agreement' covering ways of avoiding the dismissals, reducing the numbers to be dismissed and mitigating the consequences of the dismissals.

All of the issues of surrounding the redundancies and retaining Agency workers etc. will hopefully be addressed during consultation with the trade union or existing/elected representatives.

I hope this advice has helped. Please keep update me with your husband's situation at work. Always happy to help :-)