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Am I Entitled to Redundancy from Temporary Work?

By: Emma Eilbeck BA (hons) - Updated: 12 Apr 2018 | comments*Discuss
 
Contract Redundancy Temporary Job

When it comes to redundancy rights for temporary workers there is often confusion as to what you are and are not entitled to.

In the majority of cases it will come down to the fine print in your contract and what this states you are entitled to.

These few questions should give you a good idea as to whether you should expect to receive a redundancy cheque.

1) What Type of Employment Do You Have?

  • a) I have a contract and I work part-time but on a permanent basis
  • b) I have a contract but only work as and when they require me
  • c) I work on a freelance basis

2) How Long Have You Been Off Work?

  • A) I have been told my redundancy is with immediate effect
  • B) I have not been called into work for two weeks
  • C) I have not been at work for over four weeks

3) How long Is Your Contract With The Firm?

  • A) Indefinite
  • B) For 12 months
  • C) Less than 12 months

4) How Long Have You Worked there?

  • A) Two years plus
  • B) Less than two years
  • C) Under one year

5) Have You Been Offered Another Job Within The Firm?

  • A) No
  • B) Yes, but it is not something I want to do
  • C) Yes, I am accepting the job

Your Answers

Mostly A –Redundancy Money Should Be on its way

The key to any redundancy pay is finding out what it says in your contract. If you are a permanent worker but are only part-time, the same rules should apply to your redundancy.

As long as you have been with the firm for more than two years you should have a valid redundancy claim. If for whatever reason your employer is not acknowledging this claim then you should make a claim in writing.

Mostly B – You Have a Good Chance of Claiming

Your circumstances sound a bit more complicated. If you have been temporarily laid off by your employer or have not been in work for more than four weeks, then you should be entitled to some redundancy pay. You will be able to claim redundancy pay if you have been temporarily laid off for more than four weeks in a row, or six non-consecutive weeks in any 13 week period.

You should check your contract and make sure if does not specify that you do not get paid for being temporarily laid off. If your employer if confident that work will resurface you could make them sign a new contract that entitles you to some form of payment when you are not working.

Normal redundancy rules will still apply so you will need to have been working at the firm for more than two years to be entitled to redundancy, or in some cases your employer might decide to be generous and pay you this anyway.

Mostly C – You May Lose Out on a Redundancy Package

Unfortunately from your answers it sounds like you will not be entitled to any redundancy pay. If you are accepting a new job within the same company this rules any redundancy pay out, even if you are being made redundant from your old job. If you do not have a contract with your employer they will also be under no obligation to pay you any redundancy.

Normally people who work on a freelance basis will not have a contract which is why they appeal so much to employers. Unfortunately you will not qualify for the same rights as you work colleagues who have permanent contracts.

Just because you might not work as many hours as your colleague, it does always mean that you are not entitled to the same rights as them.

For part-time workers redundancy should be treated in the same way as it would for any other employee. The line becomes blurred though if you are a temporary or freelance worker as this could change your rights. It is always important to look at your contract if you suspect redundancy might be on the cards, as this could save you a lot of heartache down the line.

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[Add a Comment]
Jojo - Your Question:
HiI have been employed through an agency with a department in the public sector. I have worked here for 5 years and I hear that my job may be finishing in 1-2 months. Have you any advice for me? Can I claim any monies from the company (not the agency)?JoJo

Our Response:
If you’re an agency worker you don’t have the right to claim statutory redundancy pay. Please see link here , which will tell you all you need to know.
RedundancyExpert - 13-Apr-18 @ 11:15 AM
Hi I have been employed through an agency with a department in the public sector.I have worked here for 5 years and I hear that my job may be finishing in 1-2 months.Have you any advice for me?Can I claim any monies from the company (not the agency)? JoJo
Jojo - 12-Apr-18 @ 2:10 PM
Luckylad - Your Question:
I have been with an agency working at a company for over two years now and rumours are redundancys are taking place would I get redundancy if they choose to get rid of me

Our Response:
If the article does not answer your questions, you can see more via the link here , which should help.
RedundancyExpert - 22-Mar-18 @ 2:43 PM
I have been with an agency working at a company for over two years now and rumours are redundancys are taking place would I get redundancy if they choose to get rid of me
Luckylad - 20-Mar-18 @ 9:50 PM
Hi, I have worked for a company for the past 7 years who have just gone into liquidation. I was employed by them every year on short term contracts from March-June & Sept-Nov. Am I entitled to any redundancy?
DT - 1-Feb-18 @ 12:00 PM
@J576 - it would be from the day your permanent contract with the company began :(
JaneY - 18-Dec-17 @ 9:24 AM
Hi, I have worked for my company for 7months temp and 1year and 10 months permanent. I was told on Friday 15/12/2017 that I was being made redundant in 30days with no previous discussion. Am I entitled to claim for over 2years redundancy pay or does it not take in account the time of was temporary?
J576 - 16-Dec-17 @ 12:10 PM
Hi, I have been on part-time permanentassignment with an agency for the last 2 years 2 months, at 12 weeks all agency employees were required to sign a Swedish Derogation contact.The company I was assigned to have closed down the site I was at and no other positions have been offered with the company or the agency. Would I be due redundancy?
Lottie - 17-Aug-17 @ 12:26 PM
Hi there, I've been on temporary contracts for almost 3 years now (several contracts that have carried over) and have been told recently by my boss that i'm to take a 28 day unpaid break in contract- as if i were to carry on and hit the 4 year mark, they would have to employ me permanently. I dont know a great deal about employment law, but from what i can read online, after 2 years i'm entitled to different things and after 4 years they would have to make me permanent. 1. Is the 4 years law set in stone, or is there any chance of me being made permanent (as this is what i want) 2. The fact i'm taking a 28 day break and have been verbally told i'm coming back after, does this not show a good cause for a need for my position to be filled? (There are many vacancies being filled my temp contracts throughout my work). 3. I haven't received any letter or written confirmation as to why i'm taking this 28 day break, its all been done verbally which seems odd? Could you possibly just explain more about temporary contracts that could be made permanent and my rights after working for 3 years at the same workplace?
Henry999 - 30-Jun-17 @ 9:21 PM
Hi, I am being made redundant from my position which I have held permanently for just over 2 years, for the 2 years prior to this I worked in the same position as a temp through an agency, at no point while temping was I offered wage parity with the others in my team, something which I have only recently been made aware of. My question is am I due any payment in my redundancy package for my time spent here as a temp? The package I have been offered currently only covers the time I have been here as a full time employee. Thanks!
H706 - 31-Mar-17 @ 11:36 AM
Smurth - Your Question:
I am due to retire in November but have received a letter of 30 days consultation of redundancy. I wanted to stay on for another year to get some money behind me/I have been offered another job but it is part time , and cannot afford to cut down the hours so much. the other job that is on offer is a call centre , which I would have difficulty getting too and really dont want to work in a call centre.Can I still get redundancy pay.

Our Response:
You don't say whether you are eligible for redundancy pay which makes it difficult to answer your question. As specified in the article, as long as you have been with the firm for more than two years you should have a valid redundancy claim. You can reject an alternative job offer if it is unsuitable for you, but this should be negotiated with your employer. You can see what options you have when being offered another job as an alternative via the WorkSmart link here. I hope this helps.
RedundancyExpert - 10-Aug-16 @ 10:56 AM
I am due to retire in November but have received a letter of 30days consultation of redundancy. I wanted to stay on for another year to get some money behind me/ I have been offered another job but it is part time , and cannot afford to cut down the hours so much. the other job that is on offer is a call centre , which I would have difficulty getting too and really dont want to work in a call centre. Can I still get redundancy pay.
Smurth - 9-Aug-16 @ 10:31 AM
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