HELP i am loosing my job to a temp (fixed term worker) is it legal?

contracts ended on the 31st of March for the temps in my factory. 29th march our company reported 32 redundancys, we were told that this involved the whole work force as a result more permenant workers have been made redundant than temps. How can this happen? i have worked there for 22years and a man worked there for 6 months he has a job i do not is this legal????? i do not blame temp workers at the end of the day we all want work.
Additional Details
there is no enhanced package just basic 1 week for each year worked.
we produce quality UK products including Parachutes some of these products are for the ministry of defence.
i fear the decision was not made on experience but favouritism!! i am 45years and do not consider my self to old to work maybe they do.
thank you for your support x

Lawyer

employment tribunal will deal with the matter

Tina UM

Good luck

this is unfair dismissal and I think you should get one month for every year hope you do

darkeyes

Alot of companies are hiring temps these days,they're cheaper and will agree to reduced hrs. I don't get it myself , the companies employing these people still have to pay a fee to the hiring agency. unfortunatley,it is legal as long as the temps hired are legally in the US.

Helen

I recommend you to contact a lawyer as soon as possible...

pilot

Most states it is perfectly legal but not fair. You should be eligible for unemployment which is the most damage you can do to your former employer. If you collect unemployment it comes out of your former employers pocket for at least 6 months in some states, one year in others which means they will be paying your unemployment and the new workers salary.

redvelvetflames4ever

It is not uncommon for such a thing to happen, but the fact that your job is not being altogether eliminated may have some legal consequences especially if there is an age factor element (the employee who has been there 6 months is much younger than you.) I would certainly contact an employment lawyer. Go to www.womensrightsny.com. This organization has a number of offices in different States. If you are in the U.K. go to this website www.emplaw.co.uk/. An attorney may not be able to get your job back, but certainly negotiate some type of severance package agreement.

sarah c

Contact ACAS as soon as you can.
http://www.acas.org.uk/
Try your local office; they can advise you of your rights. Good luck.

henry

Every country has labor laws that govern employment either in the government or private business. But the terminated employees under temporary employment are entitled for separation benefits (separation pay for every year of service). You can consult the government lawyer in the Department of Labor or equivalent agency in your country.

Dave O

Yes, it's legal. You were given warning. It saves the company money as they don't have to pay benefits. See if the temp agengy will hire you for your position. Not the best, but keeps you working!!! Hope you get a severence! Good Luck!

Steve B

If you were doing 'essentially' the same Job as the Temps (same sort of work, same hours, same level of authority), then NO it is NOT legal to make you Redundant and then (re)employ Temps to do the same job (assuming the Job has not changed - one possible justification is that the Job is no longer Permanent - i.e. they only need workers during the Summer or for Xmas trading or whatever)

Go to your local CAB (Citizen's Advise Bureau) or go direct to a Solicitor specialising in Employment law

NOTE - it is the JOB that is being made Redundant = NOT the person. So if they still need people to do the SAME JOB, but require FEWER people to do that job, then ALL the people who currently do that job should be considered for Redundancy.

Example - they had 200 production line workers, of which 100 were Temps. They decide to cut production so only need 100 workers in total.

Plainly the 'sensible thing' to do would be to let the Temps go as each came to the end of their Contract. However in this example, we will assume that the Company has decided that they can no longer offer any Permanent Jobs and all 100 remaining jobs will be Temp.

All 200 should have been given notice of possible Redundancy and asked to apply (if they want to) for one of the 100 Temp jobs remaining.

If more than 100 apply, then they MUST select the 'best' workers (using a totally fair process) to stay. Some Companies DO select on a 'longest time served' basis (they call it 'Experience' or whaterver) ... more typical is to consider your work record (Managers report, annual performance evaluations etc).

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