Redundancy or not?

[MrEd]

Ok so there are eight people on fixed term contracts doing the same work. They have all previously had their contracts expire and had to continue working for months before getting the official extension through.

The funding being used for the eight posts is now being reduced so they are letting all eight contracts expire and making three of the same jobs available. So five will be out of a job and three will get the remaining ones, with interviews being used to decide who those three are.

They say this is not redundancy but merely the expiration of contracts with known end dates and the re-hiring of three of those people. So no redundancy procedures are being followed and those not getting the three jobs are out on their ear with nothing.

Everyone has more than two years' continuous service so that's not an issue.

This surely is redundancy isn't it?

P.S. am regular namechanger, playing it safe!

yes if you have worked for a company for 2 continuous years it counts as a redundancy situation, whether or not it's a fixed-term contract. that is a definite article of employment law. if you're planning/hoping to be one of the rehired five, raising this might not get you anywhere tho... how confrontational are you feeling? how much money might be in it? if you want out and a redundancy payment then i would raise it in writing as they will be obliged to answer and that will give you grist for the legal mill. however, if your contract doesn't say anything about redundancy you will prob be offered statutory only which isn't much (a week's pay per year worked plus your notice period). there is a legal case for arguing you should get what permanent employees at the company are offered (if there's nothing in your contract) - but again, if that isn't much more than stat then you won't get much!

actually, even if there is a note of what redundancy pay you get in your contract, if it less than is offered to perm workers at the company there is still a case for arguing you are being discriminated against. (could be a bit more difficult if you are employed on any kind of 'separate' project from the company' main business.) but again, how far do you want to push it?

There's no way it would be any more than statutory for anyone. The main thing for me is they're not following any of the redundancy procedures like finding alternative employment at the same level.

I'm hoping to be one of the rehired ones, it's just shoddy practice isn't it. There are some colleagues who will definitely be out of a job after three years and they're being told they'll get nothing. So I guess it's their fight.

unfortunately i think if you hope to continue a working rel with the company, yes, it'll be down to teh unlucky ones to battle for a few pence. totally shoddy practice: it's shocking how often this kind of thing goes on, makes me wonder if any company anywhere ever follows the letter of employment law!