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Factory Redundants

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johny5 | 04:45 Sat 06th Dec 2008 | Jobs
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When a factory has to make ful time employees redundant is it true that the factory cant employ agency staff for at least 3 months?
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Don't think there's a rule.
Well, sort of.
Redundancy is one of six 'fair' reasons for dismissal under employment law.
Redundancy means that the employer has ceased certain activities so no longer needs those jobs.
To make a claim for potential undismissal at an Employment Tribunal, the claim must be lodged within 3 months of being dismissed through redundancy.
Thus if an employer goes back out into the recruitment market and takes on more people to do the same or very similar roles before 3 months have passed, those redundant employees may very well conclude that their jobs hadn't really disappeared at all.
And they might seek redress through an Employment Tribunal.
What the employer will argue, I expect, is that the permanent role has gone but temporary staff are needed on a short term basis from time to time and/or the roles are sufficiently different
Possibly true, Factor, but a knowledgeable employer will hang out until the 3 months are up - just in case.

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