Employment Lawyers Can Answer Your Employment Law Questions
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?
Hi yes fixed term - due to finish december
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
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?
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
Ok -- thank you so much for your advice ben. lucy
you are most welcome, all the best