Agency workers

Only employees can claim a redundancy payment. Agency workers are excluded from this right, regardless of how long they have worked. Agency workers who are direct employees of an employment agency will qualify for a redundancy payment from their employer but only if the other conditions are met. In particular, the requirement for at least two years’ continuous service is likely to be a problem for many employed agency workers (see chapter 7). Some employed agency workers may be able to use the statutory rules on continuity of employment (sections 210 to 219 ERA 96), especially the rules on “temporary cessation of work”, to bridge gaps between periods of employment by the agency.