How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

i am facing redundancy from my place of work. there are full

Resolved Question:

i am facing redundancy from my place of work. there are full time jobs available which are being fillied at the moment by agency staff, what are my rights
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

11 years

Ben Jones :

Hi, sorry I was offline by the time you had replied. When a redundancy situation arises, the most common reason would be that the employer requires fewer employees doing a specific job. In other words the job itself does not have to disappear, all that is required is the employer’s needs are such that they no longer require as many employees doing that job. This could lead to a reduction in employees doing that job, or in some cases the whole job can be removed. You will notice that I specifically refer to ‘employees’ and that is exactly what the legislation refers to as well. So the employer meets the criteria for redundancy if they require fewer ‘employees’, which does not include agency staff or contractors. In effect, an employer could decide to reduce the number of its employees but replace them with agency staff or contractors – this is still likely to be a fair redundancy and it does not mean that employees should be given priority to agency staff or other ‘non-employees’.

So in your case there may be jobs that are being done by agency staff but the employer is not obliged to offer you these if they are already taken up, even if it is not by permanent employees. You may nevertheless use the consultation period to discuss these jobs with them and the option of applying but you cannot force them to do this.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones and other Employment Law Specialists are ready to help you

Related Employment Law Questions