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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48783
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for a University - in our division we have been placed

Resolved Question:

I work for a University - in our division we have been placed 'at risk' and told out of 17 of us four of will definately be made redundant and we have to interview for our own jobs- one of our team is on a temporary contract- but is being considered in the pool the same as the rest of us -even though his contract was due to terminate in December- most of the rest of us have been here well over five years - most - me included over ten....
Much as he is a lovely man- is it legal for him to be considererd the same as the rest of us or should he count as 'one of the four to go'.......
please advise- our union were unclear
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When you say a temporary contract, was this a fixed term contract?

Customer:

Hi yes fixed term - due to finish december

Ben Jones :

Unfortunately all employees doing a particular job, whether they are permanent or on fixed term contracts will need to be considered in the pool for redundancies in the same way. There is specific protection under legislation for fixed term workers and that they should not be treated detrimentally simply because of their fixed term status. So if they were selected automatically for redundancy because they were fixed term workers and their contract was due to expire in the future anyway, that would amount to detrimental treatment due to their fixed term status and it would be unlawful. Therefore the employer will have to treat them equally as anyone else doing that particular job

Customer:

Hi Ben,

Customer:

thank you for that - so if he is kept on would his contract be extended automatically or might he still go and then in effect the department will have lost five?

Ben Jones :

He could still be terminated when his contract expires but that would then be a separate matter. But if the employer has removed the required number of people this time round and kept him on, then he could also see his contract being extended further if they need to keep him

Customer:

Ok -- thank you so much for your advice ben. lucy

Ben Jones :

you are most welcome, all the best

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