Am I Entitled to Redundancy from Temporary Work?

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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