Contractor to Permanent, redundancy provisions?
Discussion
I have it in my head that if you work for a company as a contractor and subsequently take a perm position with them, then if you are made redundant the law provides that you are entitled to whatever redundancy offer is made for the whole term of your service, including the contractor period? So, if someone joined a company as a contractor in January 2007, went permanent in January 2008, and was made redundancy in January 2015, they would be entitled to 8 years redundancy. Can anyone confirm, and if so point me at the relevant legislation please?
TooLateForAName said:
I think you are right if someone goes from a temp or part time employment to full time employment.
Could you clarify your use of the term contractor? To me that implies someone working through a limited company and I don't think the redundancy would apply in htat case.
Yes, someone who goes in as a contractor/consultant, working through an agency but as a limited company themselves, who then gets asked by the client to take a permanent position? Could you clarify your use of the term contractor? To me that implies someone working through a limited company and I don't think the redundancy would apply in htat case.
Your original contract with the company would have been for a 'contract of services', as opposed to a 'contract for employment'. It does however depend on the wording of the agreement which the company drew up, and which you signed.
But, ordinarily you would not retain continuous service as a contractor --> Staff.
(Temp staff employed directly is different and would retain cs.)
But, ordinarily you would not retain continuous service as a contractor --> Staff.
(Temp staff employed directly is different and would retain cs.)
It depends on who deducted the NHI & PAYE payments. If these were deducted and paid by the eventual employer, then the service should be deemed 'continuous' after going 'perm'.
However, if the NHI & PAYE payments were deducted by a 3rd party and were no business of the eventual employer, then there will be no 'carry over'.
However, if the NHI & PAYE payments were deducted by a 3rd party and were no business of the eventual employer, then there will be no 'carry over'.
Cooperman said:
It depends on who deducted the NHI & PAYE payments. If these were deducted and paid by the eventual employer, then the service should be deemed 'continuous' after going 'perm'.
However, if the NHI & PAYE payments were deducted by a 3rd party and were no business of the eventual employer, then there will be no 'carry over'.
Great, thanks, that and Tiger's post above clarify for me.However, if the NHI & PAYE payments were deducted by a 3rd party and were no business of the eventual employer, then there will be no 'carry over'.
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