My partner has just been told by her employer that she will be laid off in 90 days. She has worked for this company for 5 years. Over the last 2 years they have stopped employing local people in favour of Polish workers who will work for the agency for less money. One of the directors of this company is also a partner in the employment agency. They have been told that they could be laid off and these " tempory " staff may not. Is this legal to lay off full time employee`s in favour of temps???
2007-01-10 06:09:32 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, it is called outsourcing,
it's a money saving scam.
2007-01-10 06:13:57 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Here is the link to ACAS http://www.acas.org.uk/, which can advise on the situation and perhaps help with bringing a case before the Employment Tribunal. http://www.employmenttribunals.gov.uk/claim_form_et1.asp.
If the employers are continuing to employ people to do that work, then it sounds as though this is not a case of redundancy, as the job continues to exist. It's the position which has to be redundant, not the person doing the job, for them to make out a case. Your partner really must take advice.
2007-01-10 07:05:40 · answer #2 · answered by Doethineb 7 · 2⤊ 0⤋
I was of the belief that if companies laid off workers it was due to lack of work so therefore if employing someone to take your place is extremely questionable as the amount of work the company has to reduce to justify the redunancy,if they go ahead tell her to go to a tribunial. Also do these imigrants have work permits?
2007-01-10 06:42:31 · answer #3 · answered by bashful 2 · 0⤊ 0⤋
they are on a bit of a sticky wicket with this one, normally they can not lay someone off who has a full time contract and replace them with temp staff, under the law if they make her redundant they can not employ anyone to do the job she was doing, get in touch with ACASS they will be able to give you a better understanding on this matter
2007-01-10 06:20:06 · answer #4 · answered by sunnybums 3 · 3⤊ 0⤋
If a role is made redundant and then someone else fills the role that is illegal. But if someone else does a role that is slightly different then that s a grey area.
Best advice look for another job ASAP, the old company are just not worth it. They are making a whole heap of trouble for themselves a couple of years down the line....
2007-01-10 06:26:18 · answer #5 · answered by Finlay S 3 · 2⤊ 1⤋
Unfortunately, it is legal. It may not be right but, companys do it all the time. Temporary labor is always cheaper. Unless the company in question has a local union in which case, No. they can not.
2007-01-10 06:16:39 · answer #6 · answered by Bobby 1 · 1⤊ 1⤋
I think the company should not try to save money and instead run itself into the ground. This will do much to protect ALL the Americans currently working there.
2007-01-10 06:15:45 · answer #7 · answered by Thegustaffa 6 · 0⤊ 2⤋