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Made Redundant. Where do I stand?

  • 31-03-2017 10:53pm
    #1
    Registered Users, Registered Users 2 Posts: 350 ✭✭


    Hi All,
    I am a computer programmer who secured work through a well-known Dublin recruitment agency. They had a contract with a major computer company, and I held work through the recruitment agency with this company for 5 years.
    I received redundancy pay but I feel aggrieved by the process. Basically the company provided support to a client company, the client company then decided they didn't want to outsource the support any longer and made their own IT support team. The employees from the big company moved to become a part of the new IT support team the client company created. I was not included, instead let go.
    I want to know where I stand in terms of a legal dispute. I am aware of TUPE, and the Agency Workers Direcive 2012, but am a bit overwhelemed by the jargon. I'm wondering if I have a case for compensation as I feel my rights have been breached.
    Any thoughts would be helpful.


Comments

  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    Get in contact with an Employment Specialist Solicitor if you are hell bent on going down the legal route. Did you get a redundancy settlement from the company or just the state rate?


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    I don't think you have a leg to stand on. If I read it correctly you were let go by the contracting company because the role they had for you no longer exists.

    Where TUPE applies is if you had instead been employed by the client company and they outsourced your job. Your case it's the opposite.

    However if you work in IT then you've received a blessing because the job market is crazy now and you'll probably get a better paying job.

    Btw, I don't think there it's such a thing as a computer programmer these days...


  • Registered Users, Registered Users 2 Posts: 8,800 ✭✭✭Senna


    You had the benefits of being a contractor and not an employee for 5 years, those years of receiving contractor rates rather than employee rates were because you can be let go at anytime, which has now happened.
    Find it hard to believe that anyone in your situation would now feel aggrieved about what is essentially the nature of contracting.


  • Registered Users, Registered Users 2 Posts: 2,588 ✭✭✭ahnowbrowncow


    Senna wrote: »
    You had the benefits of being a contractor and not an employee for 5 years, those years of receiving contractor rates rather than employee rates were because you can be let go at anytime, which has now happened.
    Find it hard to believe that anyone in your situation would now feel aggrieved about what is essentially the nature of contracting.

    Seems to me they were an employee rather than a contractor.


  • Registered Users, Registered Users 2 Posts: 2,296 ✭✭✭dinorebel


    Seems to me they were an employee rather than a contractor.
    "They had a contract with a major computer company, and I held work through the recruitment agency with this company for 5 years."

    nope


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  • Registered Users, Registered Users 2 Posts: 2,588 ✭✭✭ahnowbrowncow


    dinorebel wrote: »
    "They had a contract with a major computer company, and I held work through the recruitment agency with this company for 5 years."

    nope

    Agency workers are considered employees of the recruitment agency, not contractors.


  • Registered Users, Registered Users 2 Posts: 23,084 ✭✭✭✭Esel
    Not Your Ornery Onager


    Btw, I don't think there it's such a thing as a computer programmer these days...

    What???

    Not your ornery onager



  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Esel wrote: »
    What???

    Developers / software developers would be a more common description these days.


  • Registered Users, Registered Users 2 Posts: 973 ✭✭✭eurokev


    Yeah as others have said, you have absolutely no case as a contractor. It's the nature of the whole set up


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    I'm wondering if I have a case for compensation as I feel my rights have been breached.

    You mentioned you received redundancy from the agency employing you, what rights do you think have been breached?


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  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    Graham wrote:
    Developers / software developers would be a more common description these days.

    Unless you still use punched cards...


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