Long-term temporary staff

Q: We have temps who have been here for several years, and our employer sets their pay rates, sickness benefit and holidays. I think they are about to be selected for redundancy because the company wants to change the work and bring in agency temps on worse terms. Could they have a case for unfair dismissal against the company on the grounds that they have become its employees?

A: It's certainly arguable. You would bring unfair dismissal claims on the basis that either there was no real redundancy situation or their selection was unfair and it was unreasonable to dismiss them when there was still some work available.

They could also have a claim on these grounds if they are employees of the agency - but this is often harder to show, because of the lack of day-to-day control the agency has. In these circumstances it is usually advisable to bring the claim against both the agency and the company; as a preliminary issue, a tribunal would have to establish who their employer was.