Redundancy

[Electrochem]

Is it a legal requirement to make temporary staff redundant before making permanent atff reundant? (In the UK)

[Buenchico]

No.

In many cases, it wouldn't make much sense anyway. For example, a factory could have 100 temporary staff working on their production line but just one long-serving manager working in a post which, because of reorganisation, will shortly cease to exist. Someone can only be made redundant if their job will no longer exist after their departure so, obviously, the only person who can be made redundant is the long-serving manager and not one of the temporary staff.

Chris

[gina32]

surely the word temporary is an answer in itself???

[Electrochem]

Thank you for your succinct reply to my question gina32, which is not so much an answer but a question as you have seen the need to put 3 question marks at the end.

I have known of 2 cases where companies who have laid people off have said that they cannot retain temporary staff when they make permanent staff redundant.

More helpful answers would be appreciated.

O tempores o mores!

[Buenchico]

The definition of redundancy means that the job ceases to exist. If someone is told that they're being 'made redundant' but somebody else (whether permanent or temporary) then takes over their job, then the person has not been made redundant but unfairly dismissed. That's why, in many cases, a company will lose temporary staff before making someone redundant.

However, if the temporary staff are engaged in different jobs to the person made redundant (and neither they nor anyone else takes over that person's job) then, as in my example above, there is no reason why their services cannot be retained.

Chris

[Siamsal]

This situation recently arose at my work. Eight of us worked in the same department, doing the same things. Two of us were temporary. The company wanted to cut the whole department down. So, perversely, us two temporaries were made permanent, then the day after that they asked for redundancies.

The management said this was because they couldn't make permanent staff redundant while there were temporary staff doing the same job.

And, obviously as it turned out, they wanted to keep us two temps, and get rid of some of the permies.

[Cennet]

If anyone complained to an Employment Tribnal Siamsal . the company would have to show what criteria they used in selecting those who had been made redundant i.e. some sort of scoring system.

The old Last in First out or vice versa doesnt apply anymore