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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have been advised yesterday that my permanent contract role

Resolved Question:

I have been advised yesterday that my permanent contract role as a Quality Reviewer is redundant (me and the whole team I work with) meaning that, most importantly, my pension will no longer be contributed to. However, I have been offered the job back on a self-employed/freelance basis. Exactly the same job but no permanent contract. Is this legal?!
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 1 year ago.
Hi There, I went there as a freelance external verifier in February 2012 and became a permanent member of staff in May 2013, so not very long! The company had had freelancers until 2007, when the role was made a permanent one. Two of my colleagues were taken on at that point and a further colleague was recruited 6 years ago. We have all been told we will have to lose our permanent contract basis from the end of this year and go freelance if we want to continue doing the job we currently do. As far as I can see, only the title will change not the areas of responsibility.
Expert:  taratill replied 1 year ago.
What reason are they giving for making this change?
Customer: replied 1 year ago.
Financial. The organisation has a deficit of £330k this year. They believe by getting rid of my team and making the operations manager redundant (from what I can see from the new organisation chart issued today), they can save over £100k a year. My colleagues and I don't really believe that amount can be saved from changing the nature of our roles; after all in addition to a daily rate, they will need to pay travel and other related expenses, which they haven't had to do recently. I am sure our roles would have contracted (due to the cuts the government have been making in terms of the work/sectors we deal with) - so we would have had less work; that is the reality.
Expert:  taratill replied 1 year ago.
Sadly the fact that there is a financial reason to make the changes is adequate to amount to a redundancy situation. The employer when making you redundant will be under no obligation to offer you the contracted work and the reduction in the salaries may be what is required to save the business.
I understand that you do not believe that this can be saved and you are entitled to put your opinion and suggestions forward as part of the consultation process. However from experience the employment tribunal would be unlikely to delve to much into the decision making if, on the face of it, this is being done to save costs.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you; this was useful to know.

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