A UNION is at loggerheads with Scotland's prosecution service over a lack of redundancy payments for temporary fiscals.
The First Division Association (FDA), which represents senior public servants, has claimed solicitors who joined the Crown Office and Procurator Fiscal Service (COPFS) as trainees will be entitled to payouts when their contracts end in the next few months.
The union argues they have the same rights as permanent employees, including entitlement to redundancy money, because they have worked for the service for more than two years.
However, the Crown Office has refuted this claim and said it does not anticipate making any such payments.
The row comes after The Herald revealed last week that all trainee and temporary fiscals will be out of a job by the end of the year due to budget constraints.
FDA Scottish secretary Jim Caldwell said: “We’ve had a fair bit of involvement with the trainee and temporary legal staff over the last 18 months since we were made aware that some of them were not going to be given permanent positions.
“We’ve been discussing the issue of redundancy and have been making the point that, after a certain period of time, those who are on fixed-term contracts will obviously attract the same rights as everyone else. This means the Crown Office can’t just simply let them go; they will be entitled to redundancy payments.
“We’ve made our position clear to the Crown Office and they’re certainly well aware of it and have taken it on board.”
Trainees complete a two-year course in various departments of the prosecution service. In the past they have then been offered permanent contracts but last year’s trainees were instead put on fixed-term contracts.
The FDA claims those who have been with the service for more than two years, and have therefore completed the minimum period required for redundancy, are entitled to a payment when their contracts end. COPFS refuses to accept this position. A spokesman said: “The FDA did make representations to us on behalf of some of their members who had been trainees with COPFS. We did not accept their view on the legal position. We have not made and do not anticipate making any redundancy payments to any former trainees.”
Employment lawyer Sarah Chilton said people working on temporary contracts that have been renewed over a period of time could be entitled to redundancy payments, but this would not necessarily apply to the trainee fiscals.
She said: “Trainee solicitors, in general, cannot claim redundancy pay, even though some will have been employed for just over two years, the minimum length of service required to qualify- for a redundancy payment.
“This is because they are employed specifically to com-plete a fixed training contract which was always intended to last for a set period of time.
“The position of fixed-term employees can, however, differ. When a fixed-term contract expires the employer should give consideration to whether a redundancy situation arises.
“It may be that in the specific case of the Crown Office employees there isn’t a redundancy situation because of the expiry of fixed-term contracts, but this will depend on the circumstances and the basis on which those employees were offered fixed-term contracts in the first place.”
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