HELP i am loosing my job to a temp (fixed term worker) is it legal?

Question

contracts ended on the 31st of March for the temps in my factory. 29th march our company reported 32 redundancys, we were told that this involved the whole work force as a result more permenant workers have been made redundant than temps. How can this happen? i have worked there for 22years and a man worked there for 6 months he has a job i do not is this legal????? i do not blame temp workers at the end of the day we all want work.

there is no enhanced package just basic 1 week for each year worked.
we produce quality UK products including Parachutes some of these products are for the ministry of defence.
i fear the decision was not made on experience but favouritism!! i am 45years and do not consider my self to old to work maybe they do.
thank you for your support x

thank you all for your answeres.
factory moral at all time low. company has turned into a free for all with arguements breaking out all over the place. some girls even putting their notice in.
a ballot has taken place with union and industrial action is to be taken!and union behind girls 100% we all going for unfair dissmisal. thank you all for your support x x x

Answer 1

employment tribunal will deal with the matter

Answer 2

Well, hopefully you've had the good sense to join a union - in which case they should be bale to deal with this for you.

If not, well, on the information that you have given you do have a case to take forward here.
1.) Your position cannot be 'redundant' if someone else is doing it - so you could claim unfair dismissal on these grounds.
2.) Even if this is not the case you could take the company to a tribunal for unfair selection for redundancy - why do some workers still have a job and you don't? In the example you give above you may have a claim for sexual discrimination.
However, one thing does puzzle me and I'm not sure if all relevant information is included above. Why would an employer choose to make somebody redundant who has been working there for 22 years (and hence have to pay 22 weeks' pay to) ahead of someone who has only worked there 6 months and whom they could get rid of with no payment and who has no recourse to an industrial tribunal? Surely you can't be doing the same job - if so, your employer is an idiot; no wonder they're having financial problems!
Your only recourse is to see advice from a solicitor yourself if you are not in a union.

Answer 3

If you were doing 'essentially' the same Job as the Temps (same sort of work, same hours, same level of authority), then NO it is NOT legal to make you Redundant and then (re)employ Temps to do the same job (assuming the Job has not changed - one possible justification is that the Job is no longer Permanent - i.e. they only need workers during the Summer or for Xmas trading or whatever)

Go to your local CAB (Citizen's Advise Bureau) or go direct to a Solicitor specialising in Employment law


NOTE - it is the JOB that is being made Redundant = NOT the person. So if they still need people to do the SAME JOB, but require FEWER people to do that job, then ALL the people who currently do that job should be considered for Redundancy.

Example - they had 200 production line workers, of which 100 were Temps. They decide to cut production so only need 100 workers in total.

Plainly the 'sensible thing' to do would be to let the Temps go as each came to the end of their Contract. However in this example, we will assume that the Company has decided that they can no longer offer any Permanent Jobs and all 100 remaining jobs will be Temp.

All 200 should have been given notice of possible Redundancy and asked to apply (if they want to) for one of the 100 Temp jobs remaining.

If more than 100 apply, then they MUST select the 'best' workers (using a totally fair process) to stay. Some Companies DO select on a 'longest time served' basis (they call it 'Experience' or whaterver) ... more typical is to consider your work record (Managers report, annual performance evaluations etc).

Answer 4

It is not uncommon for such a thing to happen, but the fact that your job is not being altogether eliminated may have some legal consequences especially if there is an age factor element (the employee who has been there 6 months is much younger than you.) I would certainly contact an employment lawyer. Go to www.womensrightsny.com. This organization has a number of offices in different States. If you are in the U.K. go to this website www.emplaw.co.uk/. An attorney may not be able to get your job back, but certainly negotiate some type of severance package agreement.

Answer 5

Yes, it's legal. You were given warning. It saves the company money as they don't have to pay benefits. See if the temp agengy will hire you for your position. Not the best, but keeps you working!!! Hope you get a severence! Good Luck!

Answer 6

Most states it is perfectly legal but not fair. You should be eligible for unemployment which is the most damage you can do to your former employer. If you collect unemployment it comes out of your former employers pocket for at least 6 months in some states, one year in others which means they will be paying your unemployment and the new workers salary.

Answer 7

Every country has labor laws that govern employment either in the government or private business. But the terminated employees under temporary employment are entitled for separation benefits (separation pay for every year of service). You can consult the government lawyer in the Department of Labor or equivalent agency in your country.

Answer 8

Alot of companies are hiring temps these days,they're cheaper and will agree to reduced hrs. I don't get it myself , the companies employing these people still have to pay a fee to the hiring agency. unfortunatley,it is legal as long as the temps hired are legally in the US.

Answer 9

Good luck

this is unfair dismissal and I think you should get one month for every year hope you do

Answer 10

I recommend you to contact a lawyer as soon as possible...