Redundancy - Contract work

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aston Posts: 4100
Quick question ladies.... A friend of mine has been working for approx 5 years in a company. Her contracts were only for periods of 6 months. They were renewed every 6 months. Her latest contract ended on 3rd July and is not being renewed :o( Is she entitled to any redundancy at all because of the nature of her contracts??? Thanks :wv
Mrs Magnum Posts: 974
She should ring Citizen Advice to get an accurate answer but I don't think she is. As far as I know, you would need to be on a full time contract to be entitled to Redundancy.
galwaygirl2010 Posts: 2447
Once she was / is there continously for 2 years with no gaps - yes, she is entitled to redundancy, this is what I was told a few years ago by the citizens information when I was on contracts. It doenst matter is she is permenant or tempory, its the lenght of time with no gaps that matters.
plainsconesonly Posts: 300
She is entitled to redundancy. Once you are working with a company for four years under the Fixed term workers act 2003 you are entitled to a Contract of Indefinite Duration - basically a permanent contract. Tell her to get on to Citizens advice.
ReginaFalange Posts: 10290
Is she being made redundant though or are they just not renewing her contract. AFAIK if they are not renewing her contract then she is not entitled to any redundancy.
LastRolo Posts: 6892
[quote="ReginaFalange":35a6eobh]Is she being made redundant though or are they just not renewing her contract. AFAIK if they are not renewing her contract then she is not entitled to any redundancy.[/quote:35a6eobh] +1
AnthonyHutton Posts: 2235
i doubt she is even if they terminate the contract early youll probably find its in her contract especially if shes her own company and contracts to the place she works
plainsconesonly Posts: 300
Under the fixed term workers act though the girl should have been given a contract of indefinite duration after working for four years continiously which gives her the same rights as a permanent employee. Many people do not know of CID contracts. So she is def entitled to redundancy and they are also in breach of contract as they should have issued her with a Contract of Indefinite duration.
aston Posts: 4100
Thanks lads! Her employers are just not renewing her contract! She never signed a CID or anything like that. She was never made permanent or anything like that. Always contract work for 6 months. There just is no more work for her there anymore. She is talking about signing on now to collect her stamps. Does anyone know what she should say to the social welfare office? Will she just be honest and say that she never got redundancy and was on contract only etc?
cremebrulee Posts: 8546
[quote="plainsconesonly":1tv9q9v5]Under the fixed term workers act though the girl should have been given a contract of indefinite duration after working for four years continiously which gives her the same rights as a permanent employee. Many people do not know of CID contracts. So she is def entitled to redundancy and they are also in breach of contract as they should have issued her with a Contract of Indefinite duration.[/quote:1tv9q9v5] Plus one on this. The information about the two years in another post and most of the other posts are incorrect. Many assume if they are fired under a fixed term contract that they have no right to take action. There is an overall limit of four years on sucessive contracts with the same employer. As your friend has exceeded this, she will be deemed to have a contract of indefinite duration. It does not matter if your friend has signed contracts or not - this will not affect her rights. I'd recommend that your friend seek legal advice on this because it sounds like she may have a valid claim.