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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked for a compnay through and Agency for the last

Customer Question

I have worked for a compnay through and Agency for the last 13 years. What are my redundancy rights.

i.e. what are the responsibilities of the Agency and the company
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
After all these years of working, I would argue that you are an employee of the company and the company should pay you redundancy pay if your position is being made redundant.

You may use this calculator to work out how much redundancy pay you should receive

https://www.gov.uk/calculate-employee-redundancy-pay

The company needs to follow proper procedure when making you redundant and this is set out here
http://www.adviceguide.org.uk/wales/work_w/work_work_comes_to_an_end_e/work_redundancy_e.htm

Can I assist further?

Expert:  Ben Jones replied 2 years ago.
Hello, it is entirely incorrect to assume that just because you have worked somewhere for a number of years you have become an employee and are entitled to redundancy. This is a very simplistic approach and can easily be incorrect. Your employment status would be determined by a number of other factors and would generally be the overall relationship that would dictate this. To be an employee and be entitled to redundancy you need to be working under a contract of employment. This does not have to be a contract in writing and it can be implied in place but you need to have one to be an employee and to be entitled to redundancy rights. A very good summary of the most relevant case law that dealt with agency workers and whether they were permanent employees can be accessed here: http://www.freelanceadvisor.co.uk/legal-advice/can-an-agency-worker-ever-become-permanent-at-the-company-they-work-for/. You can consult these to determine if they are relevant to your situation and to enable you to raise a potential argument that you are an employee rather than an agency worker.
Expert:  UKSolicitorJA replied 2 years ago.
Just to clarify, you would be an employee of someone, either that of the agency or the company.

This article may help you understand the status better

http://en.wikipedia.org/wiki/United_Kingdom_agency_worker_law

All the best
Expert:  Ben Jones replied 2 years ago.
Sorry but even if you are an employee of the agency it does not give you redundancy rights if you are terminated by the end user company so it is entirely irrelevant whether you would be classified as an employee of the agency in that respect. You will only get redundancy rights if you are considered an employee of the company (the end user) and they are making you redundant. If that is the case then you can expect a redundancy payment from them but if you are simply deemed an employee of the agency then you are unlikely to be made redundant by them and to be paid redundancy pay - they can simply keep you on their books and offer you work as and when needed, this is the arrangement of agency work in general. It means you can only realistically expect redundancy rights if you can show you are an employee of the end user and the link I provided in my earlier response would hopefully make that clearer.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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