Employment Lawyers Can Answer Your Employment Law Questions
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