Can an employer make a position redundant and offer the same employee his job back but as an independent contractor? I was a driver for a company for 5 years, work has not slowed down or even changed one bit but I was told my position has now been made redundant but I can still keep working for the company but now as a contract driver. Is this legal to do?

Thank you for contacting our firm.

So long as the termination was without cause, an employer can terminate an employee for any reason, including redundancy. They may be offering the position now as an independent contractor to provide them more flexibility in terms of scheduling to meet their work needs. However, if the reason for the termination is an outright lie, it may open the employer up to a possible claim for damages on account of bad faith.

An employer terminating someone on the basis of redundancy must still provide proper notice of termination or pay in lieu thereof.

We would need more information before commenting on what your entitlements might be. If you would like a consultation, please contact us at the number below.

Kind regards,