Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How many contractors are there exactly and do you know whether these are being reduced as well?
Also, how long have you worked there for and how long has the other person been employed there for?
OK thank and how long have you both worked there for?
OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Many thanks for your patience. The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy. The key in the above definition is that the employer is reducing its employees and this does not include contractors, agency staff, volunteers, etc. So it could be a case that the job still exists but the employer does not need as many employees doing it and wishes to use contractors to do it instead. The employees could therefore be made redundant even if the employer is retaining the contractors.
The only issue here is with the other employee who was made to stay and fill a job which would have been made by a contractor. If this person did the same job as you and they were persuaded to stay but you were not considered at the same time and given the opportunity to at least go head to head with them to decide who stay and who goes, your redundancy could potentially be unfair. However, that would only be the case if you did the same or largely similar job and they were just taken in preference to you without any fair selection procedure being followed.
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