Am I Entitled to Redundancy from Temporary Work?

Ask a Question
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.

If you're uncertain whether your temporary contract entitles you to redundancy pay, you can get clarity by using our free Redundancy Rights Checker.

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
Redundancy Rights Checker

Redundancy Rights Checker

Answer a few questions about your situation and find out whether your redundancy is fair and legal. Get clear guidance on your rights in under two minutes.

Try our Redundancy Rights Checker free, here on this site →

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

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

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.

The Next Step

Redundancy Rights Checker

Now that you have read through the advice above, you might want to put it into practice. Our Redundancy Rights Checker lets you answer a few questions about your situation and find out whether your redundancy is fair and legal. Get clear guidance on your rights in under two minutes. Try it now →

Ask Redundancy Expert a Question
Kamran minhas 19/10/2020 at 11:41 am
HI
I NEED YOUR ADVICE, I AM GETTING REDANDENT FROM COMPANY, I WORK THIS COMPANY FOR 12 YEARS AS PERMANENT STAFF. THEY ARE PAYING ME FOR 12 YEARS REDANDANCY PAY BUT I WAS WORKING WITH COMPANY AS TEMPORARY EMPLOYEE FOR ONE AND HALF YEARS BEFORE JOINING AS PERMANENT STAFF, AM I ELIGIBLE FOR ONE AND HALF YEARS TEMPORARY REDENDANCY PAY AS WELL.

THANKS
KAMRAN
RedundancyExpert Editor 14/08/2018 at 10:36 am
whichmay help you further.
Dawsy 13/08/2018 at 9:30 am
I have been employed by Richmond council for 3 1/2 years through an agency. My department is being outsourced in January and HR staff from the council have told me I am entitled to a pay out when I finish. Can you tell me how much I might expect please.
Savo 30/07/2018 at 6:23 pm
Hi there, i worked as a sessional worker for local council for 15 yrs,was made redundant in 2015, am i able to claim redundacy and have i left it to long. Many thanks Kev
RedundancyExpert Editor 13/04/2018 at 11:15 am
If you’re an agency worker you don’t have the right to claim statutory redundancy pay. , which will tell you all you need to know.
Jojo 12/04/2018 at 2:10 pm
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
RedundancyExpert Editor 22/03/2018 at 2:43 pm
If the article does not answer your questions, you can see more via whichwhich should help.
Luckylad 20/03/2018 at 9:50 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
J576 16/12/2017 at 12:10 pm
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?
Lottie 17/08/2017 at 12:26 pm
Hi, I have been on part-time permanent assignment 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?
H706 31/03/2017 at 11:36 am
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!
RedundancyExpert Editor 10/08/2016 at 10:56 am
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 whichI hope this helps.
Smurth 09/08/2016 at 10:31 am
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.

Ask Redundancy Expert a question

Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.

You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.

Comments are moderated before publication.

Try our free Redundancy Rights Checker Check My Rights