# redundancy, i'm lost!!



## thegatee (15 Sep 2010)

Hi all,
I was just wondering if you could maybe point me in the right direction with my querie please. My company wish to make redundancys but has told us that we may take a job with an outside contractor to fill our positions but without redundacy payment! They say I will recieve the same terms and conditions but when questioned I will have a different pension, will be unable to buy shares, will loose my vhi. Just wondering if i am being treated fairly by the company. Actually, can they do that legally??


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## Slimeygoose (15 Sep 2010)

thegatee said:


> Hi all,
> I was just wondering if you could maybe point me in the right direction with my querie please. My company wish to make redundancys but has told us that we may take a job with an outside contractor to fill our positions but without redundacy payment! They say I will recieve the same terms and conditions but when questioned I will have a different pension, will be unable to buy shares, will loose my vhi. Just wondering if i am being treated fairly by the company. Actually, can they do that legally??


 
If the outside contractors are filling the positions then you this does not appear to be a real redundancy and you would appear to have a case for unfair dismissal.

See the citizensinformation website site for more information :



*Redundancy *

_Under the unfair dismissals legislation, redundancy __ is considered to be a fair ground for dismissal. However although a redundancy situation exists, you may have grounds for complaint if the manner of your selection for redundancy was unfair. You may qualify to bring a claim for unfair dismissal if you consider that you were unfairly selected for redundancy or consider that a genuine redundancy situation did not exist – see ‘How to apply’ below. Unless your employer can prove there was a genuine redundancy situation__ and that fair procedures __were followed, your dismissal may be found to be unfair. If you make a claim for unfair dismissal, you cannot also claim redundancy._


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## DiGiTaL (20 Sep 2010)

Not an expert in this but if you choose to work with contractor you will lose all of your redundacy entitelments if the contractor decides to let you go.


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## Bob_tg (20 Sep 2010)

This sounds like it could be TUPE.  This is discussed in a previous thread.


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