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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48495
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I entered into an employment agreement in November 1997 at

Resolved Question:

I entered into an employment agreement in November 1997 at the age of 63 as a temporary professional employee. I worked for the company continuously until they recently advised me that my services are no longer required referring to the temporary status of my employment. No compensation was offered. Do I qualify for the same redundancy rights as a permanent employee with severance compensation.
Assistant: Where are you located? It matters because laws vary by location.
Customer: I live in Wales but I worked for a company in the London area
Assistant: Has anything been filed or reported?
Customer: The company sent me my termination letter and the P45 and I have emailed them stating my concern about the 'temporary' status.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: While employed I was the named inventor of technical processes that were licenced to clients for a large fee. I did not receive any financial reward for my inventions
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Were you an employee or self employee and what do they believe this temporary nature was considering it has been going on for such a long time? Please note I'm in court so may not be able to reply immediately thanks

Customer: replied 3 months ago.
I was a monthly paid employee on the companies payroll paid at an hourly rate for the hours worked. The job description and application was the same at all times and I thought the temporary nature had expired.
Customer: replied 3 months ago.
Can call on my land line 01792 390297
Expert:  Ben Jones replied 3 months ago.

Thank you. Something which has lasted for 20 years is clearly not temporary, so even though this may have been the initial intention, the fact that it has carried on for such a long time would almost certainly mean that you had eventually become permanent. Still, even if you were not permanent that does not mean you get treated differently. Redundancy depends on how long your continuous service with an employer is, requiring 2 years at least to qualify. Therefore, even if you were considered a temporary employee, if you had been retained by them and worked continuously for over 2 years, if they eventually seek to terminate you because you are no longer required, you would still be entitled to redundancy.

You can therefore certainly take this further if necessary and pursue them for redundancy. Because they say you are no longer required, that is indeed likely to amount to a redundancy, and with more than 2 years’ continuous service behind you, you would be entitled to a redundancy payment on termination.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
Many thanks. Shall go back to employer and state justification for redundancy payment. Bye for now
Expert:  Ben Jones replied 3 months ago.

no problem get back to me if needed