Do part-time and fixed-term workers have the same redundancy rights as full-time or permanent employees?
Yes. Part-time and fixed-term workers have the right to be treated no less favourably than comparable full-time or permanent colleagues. This includes being fairly considered during redundancy processes.
Can part-time or fixed-term workers be selected for redundancy because of their employment status?
No. Employers are not allowed to select employees for redundancy based solely on their part-time or fixed-term status.
Do casual workers have the same redundancy rights?
Redundancy rights apply only to individuals legally classified as ’employees’. Casual, seasonal, or hourly paid staff may not automatically be recognised as employees, which can affect their redundancy rights.
How is it determined whether a casual worker is legally an employee?
There is no single legal definition of ’employee’, but courts consider various factors to determine employment status. Employers cannot avoid responsibilities simply by labelling someone a casual worker or by using a contract for services.
What are the Principles for Casual Engagements at the University of Nottingham (UoN)?
UoN and campus unions have jointly agreed on the Principles for Casual Engagements. These principles help clarify when individuals should be classified as casual workers versus employees.
What impact do these Principles have on employment status?
If the Principles are correctly followed, most casual workers currently engaged by the University would likely be offered fixed-term or permanent contracts, ensuring stronger employment and redundancy rights.
Can an employer avoid redundancy obligations by denying someone employee status?
No. The nature of the working relationship and actual circumstances will determine whether someone is an employee. Employers cannot simply avoid legal duties by misclassifying staff or issuing a contract for services.