Part-time and made redundant: ask the expert

I work part time and am about to be made redundant. However, I previously worked full-time in the same role. Can I expect redundancy severance for the full-time years based on a pro-rata-ed full-time salary, or do I have to settle for all my years’ service being calculated on my part-time salary?

Stressed businesswoman

 

As long as you have two years’ continuous service (without which you would not be entitled to a redundancy payment) your redundancy payment for all your years’ service will be calculated based on your part-time salary only.  This is because it is your part-time position which is being made redundant, and you are therefore being compensated for your current part-time position, not the full-time position you used to have.

Redundancy payment is calculated based on your age, length of service and salary.  Whilst your salary will be based on your part-time employment only, your length of service will be considered for both your part-time and your full-time positions.  In other words the longer you have worked (full-time and part-time), the higher your redundancy payment will be.

Whilst every care has been taken in compiling this answer, workingums.co.uk cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.




Comments [56]

  • merlene fiddler says:

    work in school as a lunchtime organiser for 33 years due to illness ican no longer work. i was offer a settlement can you tell me what that about.

    • Mandy Garner says:

      Hi,
      A settlement is when the employer seeks to reach an agreement with you over redundancy to avoid going to tribunal. They will offer you money to head off legal action, but you don’t have to agree a proposed settlement. It is a good idea to get legal advice about this, but you need to act fast – you have three months in which to make a claim if, for example, you think you are being unfairly dismissed. Find out more here – https://www.workingmums.co.uk/settlement-agreements-can-get-best-deal/

  • anonymous says:

    iv worked for my company for 10 years part time and they want to make me redundant because they only want full timers. They are making a temp full time now. I’ve got 3 young kids(1 disabled) and cant go full time as cant afford child care. There are no reason for the redundancy apart from , they only want full timers. I cant believe this is right.

  • Anonomous says:

    Hi, I currently work part time 2 days a week for a role i used to work full time before maternity, whilst away on maternity they got a full time role in, i work in the same role along side the full time worker. I have just been made redundant because the role only requires 1 full time role not 2, the other person has not been made redundant, what are my rights to get my job back or any unfair dismissal? Thank you

    • Mandy Garner says:

      Hi,
      Could you write in to [email protected] giving a few more details on the reasons given by your employer for making your redundant. Were you consulted on the redundancy process and able to question the reasons around your inclusion in the redundancy pool and why your colleague was not included?

  • Kim says:

    Hi

    This is a little confusing but i willl try to explain.

    I was working full time for 6 years, i then had a child and reduced my hours from 37 -24 per week whilst still occupying the same role. I was then promoted and my job was split into 2 roles 7 hours at my previous role, 17 hours in my new role. So for 3 days a week i would work 7hrs in 1 role and 17 in the other (24 hrs). I have worked these hours for 2 years. I am now being made redundant and the payoff shows im getting 9 years service as my contract states no changes to be made but im being paid 7 hrs for 7 years, then 7 hrs for 2 years plus 17 hrs for 2 years for the joint roles. I cant understand why im losing out on 17 hrs for 7 years (to make my 24 hrs for the 7 years). Any help would be great, my union has been really bad.

    Thanks

  • michelle says:

    Hello i have work for my company for 16 4 years ago i had a son whom is disabled sso i had to drop my hours in work.now am being made redundant can they just pay me for the hours am on now ur for 12 years fulll time

  • m says:

    Am getting made redundant i have work for the company for 16 years 12 years full time and then 4 years partime due to me having a disabled child.will my redundancy pay be worked out on full time and partime hours dose anyone no

  • Hannah says:

    I am a part time worker and have just been told that 2.5 positions in my department are being made redundant. there are currently 10.5 people in the department with me being the .5. We have been told there are now going to be 8 full time only roles available to re-apply for. My question is, as I am not in a position to apply for a full time role (working mother with young children) could this be classed as constructive dismissal?

    • Mandy Garner says:

      Hi Hannah,
      You don’t give any details on the grounds on which it was decided to reduce the roles by 2.5. The basis for any redundancy must be fair and there must be sound business reasons. Part-time workers cannot be treated unfavourably in comparison to full-time workers. Could you provide a bit more information on what the reasons given are to [email protected]?

  • Annie J says:

    I have been made redundant from my full time post, finishing in about a month. I work for the local authority. I have heard of another position (part time) that is likely to become available in a school run by the same Local Authority, 6 weeks after my post terminates. If I apply for the position and I am successful, will that mean giving up my redundancy? I can only afford to take a part time job if I can keep the redundancy to bridge the shortfall in salary.

  • Kayleigh Perks says:

    Hi
    I’ve just been made redundant and feel I have been treated unfairly.
    I had 2 jobs – 1 was 6.5hrs a week (the one I have just been made redundant from) and another which is contracted at 13hrs but I am currently doing 24hrs a week.
    I was invited to a meeting with my area manager to discuss availability in which I said I am available 7 days a week as I currently do the rota’s in my 2nd job but would prefer not to do weekends (even though I was only doing one day a week anyway in my 6.5hr position)
    I was out of the 3 people up for redundancy the longest serving member of staff (1 year and 4 months) and I have done a lot for the company. I was told to step up as manager until another candidate could be found; this lasted for 5 weeks with me having no more pay than minimum wage and I got no thanks for the hard work.
    The other 2 people up for redundancy were also younger than me and I feel that was a big factor in the decision.
    Any help would be great.
    Thank you

  • Danni says:

    I have been at my job for 71/2 years I went on maternity in November and found out I’m being made redundant in June. I started on a bank contract for 8months and then went onto a full time contract. Will the 8 months on bank count when it comes to the years I have worked for them

  • Anonymous says:

    I have worked full time at my company for 10.5 years and worked 3 years part time (13.5 years total) after returning back to work from maternity. Unfortunately the whole company is being made redundant soon.

    I was told that my redundancy pay will be calculated on my current part time salary. Is this legally right?

    I feel this is not fair as I seem to be losing out on my previous years of full time service. Please advise.

  • mary clem says:

    My job is at risk of redundancy but my Manager has told us that he is keeping one member of staff who is seasonal ie she works in the holidays when not at university. Is this fair when permanent staff members will be made redundant.

  • pat says:

    being made redundant have worked 13 and half years full time and the last 4 months part time how will my redundancy package be worked out

  • Anonymous says:

    Hi, I am being made redundant after thirteen years of working on a three monthly contract,my salary has never been the same for each month so how would my redundancy payment be calculated.

    Editor: If your earnings vary each week, an average of the 12-week period leading up to the redundancy is used – see http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy_pay.htm

  • Anonymous says:

    Hello
    Would you be able to help me I am in the process of being made redundant I am a part time worker i received a letter when I was promoted in that letter it stated that I could be put onto any duty system within the organisation now I have received a letter to say I would be made redundant at the end off the month .
    The company is recruiting on a different duty system do I have a right to ask for that job instead of being made redundant

    Editor: You have not put when all of this happened, eg, when you were promoted. As part of the redundancy consultation, you should be offered any suitable alternative role in the organisation.

  • Anonymous says:

    im contracted 22.5 hrs a week and have just being made redundant ..over the last few years i have worked most weeks over this on average of 30 hrs ,do the take this in to view when payment is final .when the mean gross wkly is this for 22.5 or for an average baised on what ive worked over the last 6 years

    Editor: They usually calculate it on your final salary or an average of what you are currently receiving – see https://www.gov.uk/calculate-your-redundancy-pay

  • Anonymous says:

    I work part time (0.6) as a teacher and due to a restructure I may be being made redundant. There were 3.6 posts before the restructuring process and they are proposing there will be 3 jobs with the new structure. I am currently on maternity leave until June 1st. Do I have any way I can keep my job. Or do you think they can make me redundant on the grounds of not being able to work full time? The work still exists. I am going to meet my head this week and would like to be clear on my rights. I am hoping a representative from my union will be there too. Many thanks!

    Editor: You can be made redundant while on maternity leave, but have certain additional rights – see https://www.workingmums.co.uk/advice-and-support/career-toolkit/6559548/do-you-know-your-maternity-rights.thtml. In any redundancy/restructure exercise, the grounds for redundancy must be spelt out and they must be fair and not discriminate against certain workers, eg those who work part time or those who are on maternity leave.

  • Anonymous says:

    I have worked for a company for 7 years full time and just reduced my hours from 40 a week to 20 a week for a temporary period of 6 months after which my hours will return to 40 per week. My firm is now making redundancies, would any payment be calculated on my new, temporary hours or the 40?

    Editor: It would be calculated on whatever hours you are doing at the time of redundancy.

  • Anonymous says:

    Hi I work have worked part time for 14 years reducing my hours over time to 18.5 a week. We have been told that there are going to be staff redundancies due to budget restraints and staff restructures. job roles are going to be changed and generic responsibilities made. I presume this means merging certain responsibilities within the team. Then the team as a whole will be reduced in numbers. I have been told that my job is potentially vulnerable. We have been told that we will all have to reapply for the jobs on offer. I am 57 years old and perhaps one of the longest serving members of staff. I do not have the experience of other members of staff in the generic roles but I am willing to learn, Would first in last out rule be followed, Also could my employers say that I have to take a full time role or leave.Would I be entitled to redundancy.

    Editor: You should definitely be entitled to redundancy – see https://www.gov.uk/redundant-your-rights/consultation. You would have to ask as part of the redundancy consultation what the criteria are for choosing who stays and who goes. Your employer would have to show that the criteria are fair and not discriminatory.

  • Anonymous says:

    Hi – my employer has agreed that I can work part time for a trial period. If I am made redundant during this 6 month trial period, will my weekly pay in case of redundancy pay still be calculated on my part time hours, despite the fact that it's only for a trial period, and that I have worked 9 years previously for the same employer full time.

    Editor: Our HR expert Tara Daynes says: If you are on a trial period for another position within the company and your employer lets you go because the work is not suitable – the relevant date would be when your original contract ended before the trial period with the new position. That said, under redundancy legislation a trial period in these circumstances is up to 4 weeks not 6 months. After 4 weeks the original redundancy package is no longer on the table, & any redundancy would be due to the new role becoming redundant (therefore pay based on new salary). So for a longer trial period, the T&Cs would really be at the company's discretion as paying at the original salary would be an enhanced redundancy pay provision, not a statutory one.

  • Anonymous says:

    I worked full time 4 years, 4 months ago my hours reduced to part time hours, however I haven't been told there were plans to finish my job soon after, now my employer would like to pay my redundancy based on part time salary etc. Can they do that? I only accepted part time permanent role, because offered as permanent, can they then finish me off and pay half rate redundancy? I am not sure how that can be fair.
    Any advise much appriciated

    Editor: Our HR expert Sandra Beale says your employer is able to pay redundancy pay calculated at your part-time rate. 

  • Anonymous says:

    Addition: I don't know if I should refuse or not the new role which is the same but with different conditions as my current role (full time and at office). If I apply to the new role and if selected instead of my colleague, what to do if i can't work full time….or if I don't apply and reject to be considered to a new full time role, What happens? what is the best thing to do in my situation.. Thanks

    Editor: Could you send full information via our Advice & Support/Q & A page box and our employment lawyers can respond?

  • Anonymous says:

    Please help! My company is in consultation for redundancy, We are two people working doing the same role. One full time (male) and I do part time (female) I also work at the office and at home. They require now one person doing the same role full time at the office available for meetings, etc and have asked both to apply. I've worked 6-7 years in the same role initially full time and 2 years ago part time and the full time worker has less than 2 years in the company. I know we can asked for jobshare? but I can't commit full time or all hours at the office and I applied for flexible working when reducing my hours so they know my situation….

    Editor: I am not sure what your question is. You could definitely apply as a job share, but be clear when you present this to show how this would work in practice as employers can sometimes be reluctant if they are not used to the concept.

  • Anonymous says:

    RE the comment below.:
    Does it make a difference if I did not sign a contract with them ?

    I have been working part-time at a company(one day a week) for 1 and a half years now.
    I also hold a second job (4 days a week).

    The first company (1 day a week ) has said that due to increased business and the need for restructuring, my role has to be extended to include my original duties plus extra responsibilities and needs to be for at least 4 days a week.

    They have offered me the new position but the salary for this position they are offering is not so high.

    Please can you let me know what are my rights? can they ask me to leave ? can I stay part-time ? am i entitled to redundancy?

    Thanks

    Editor: They cannot just increase your hours without getting your agreement as this is a change to your terms and conditions – see https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement. Our HR expert Tara Daynes says: Not signing a contract makes no difference – the contract is the arrangement in place & being implemented by both parties, not the bit of paper (although the employer should have supplied that by law). You don't have the service required for a redundancy payout, but the employer should still follow the correct procedure regardless. Part of the consultation is looking at how to avoid a redundancy dismissal – eg you could suggest a job share. If they don't follow a proper consultation procedure etc you could have a claim, but just no entitlement to statutory redundancy pay.

     

     

  • Anonymous says:

    I have been working part-time at a company(one day a week) for 1 and a half years now.
    I also hold a second job (4 days a week).

    The first company (1 day a week ) has said that due to increased business and the need for restructuring, my role has to be extended to include my original duties plus extra responsibilities and needs to be for at least 4 days a week.

    They have offered me the new position but the salary for this position they are offering is not so high.

    Please can you let me know what are my rights? can they ask me to leave ? can I stay part-time ? am i entitled to redundancy?

    Thanks

    Editor: They cannot just increase your hours without getting your agreement as this is a change to your terms and conditions – see https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement

  • Anonymous says:

    Could you please advise me on how my redundancy will be worked out?. I was working for 35hours for the best part of three years before my position became a part-time working for 17.5 hours a week. Now I am facing redundancy, how will my package be worked out. I have been with the company for 6years. Thank you.

    Editor: Redundancy pay is normally based on your current salary at time of leaving – see http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy_pay.htm

  • Anonymous says:

    Is it possible to take a part redundancy
    My company have opened a volunteer severance scheme and I would like to become a part time employee is it possible to have severance for part of my contract and remain in a part time version of my current role?

    Editor: I wouldn't think so. A reduced role would be something you would have to negotiate with your employer, but if you took a reduced role your employer would not have to make you redundant.

  • Anonymous says:

    I have been with my current employer for 10 years. I returned from maternity 8 years ago and now flexibly work 3 days a week. Due to the increase in work I have been asked if I want to go full time (which I don't) or take on a job share. I have been told that if the recruitment is unsuccessful for the 2 days then I go onto a risk register and if no suitable employment within the company is found for me am potentially redundant. Can they do this ?

    Editor: Flexible work agreements constitute a permanent change to your terms and conditions and could only be altered with your consultation and agreement.

  • Anonymous says:

    Hi, we are being made redundant by the end of the year and I have been workinh for my company for the past 9years of which 6 years was full time and 3years part time because of an illness and now they are paying us only base on part time without considering the years we work full time which is unfair to me because a lot of us change to part time for health reason .Is there a way they they can change their mind and pay more pls.

    Editor: I am afraid that if you changed from full-time work to part-time work and then you are made redundant shortly afterwards, your weekly pay will be calculated at the part-time rate. This is because the calculations are based on how much you are earning when you are made redundant. See this. It is argued that redundancy is compensation for the job you lost which is now part time.

  • Anonymous says:

    Hi, I wonder if you can help. I have been working part-time on a temporary basis for my local mental health trust since February 2012. From my start date to the end of November 2013 I was technically employed by the temping agency who placed me, but since December 2013 I have been employed directly by the NHS, via their temporary staffing bank system. Since my start date my contract has been extended on a bi-monthly basis, and my role has remained the same throughout. I have been informed that my contract will now definitely come to an end at the end of June 2014 and that they are planning to recruit a full-time member of staff on a permanent contract to fulfil my role. I'm wondering what rights I have? I've been that replacing me with a full time member of staff to do my job is effectively unfair dismissal and that as I've essentially been working for the same employer for over two years I should be entitled to some form of compensation or redundancy payment. I wonder if you can advise me?

    Editor: Anyone who’s worked continually for the same employer for 2 years or more has the same redundancy rights as a permanent employee – see https://www.gov.uk/fixed-term-contracts/employees-rights

  • Anonymous says:

    I returned from maternity leave in January 2014 and it was agreed for me to go on flexible working/part time hours. I have now been put under 30 day consultation, the company say my post is no longer required as my manager can do the work by herself and 2 other members of the team can be trained up to help her with the workload. I have also been asked to train up member of staff on certain jobs i do eg reporting so they can take this over when i go. is this fair? surely if other people are going to be trained up to do my job it proves there is a need for the role. they have reduced the role from 3 full time members of staff to just 1 after i go. Me and my manager have been stuggling to keep on top of the workload since its been the two of us so to take away my role too. also i have had no contact from my HR department about other jobs does this all seem normal?

    Editor: Our HR expert Tara Daynes says: Although it's impossible to say whether this is a genuine redundancy situation just based on your information, it certainly does suggest that the work still exists. However it could be that there is a diminished need for it – i.e. there is less work available. If so, it could be a genuine redundancy, in which case part of the consultation process should be looking at alternative work for you & other ways to avoid you losing your job. If the amount of work hasn't changed but they are just cramming it into fewer people hours, then you may have grounds to claim this is not a fair redundancy situation. The fact that other people would be trained to do the work, who obviously don't do it at the moment, also indicates it is not a fair situation – I would suggest that those people are therefore also at risk of redundancy, as they appear to have 3 of you who could do the work but only 1or 2  is needed. So you could argue that one or both of them could be laid off & you be trained to do their other work instead! Either way, they need to select 1 or 2 of you out of the 3, not just make you redundant & pass the work elsewhere. If so, I would recommend appealing against the decision.

     

  • Anonymous says:

    Im on mat leave, have worked for 10yrs in the company. Went part time 3yrs ago. Due to restructure all the part timers have been made redundant. They claim to not even know we were part time when deciding who goes. Do I have a sex discrimination case?

    Editor: Could you supply more information, eg the reason the company has given, via our Advice & Support Q & A page box and our legal team will get back to you.

  • Anonymous says:

    I'm a full time employee who has just been told he's being made redundant. I have a colleague who is part time doing the same role. Can the company ask them to increase her hours to cover any shortfall in cover. If so do I have a case for unfair dismissal and what are their rights?

    Editor: see https://www.gov.uk/redundant-your-rights

  • Anonymous says:

    Hi. I have worked for my employer for 12 years; 6 years as self emplyed time and 6 years full -time. I am being made redundant. How would my redundancy payment be worked out would it be on the self-emploed and fulltime hours?

    Editor: Redundancy pay only applies to employees, ie not to the self-employed so you would have to have been an employee, ie had your NI and tax paid by your employer for this period to count – see http://www.nidirect.gov.uk/are-you-a-worker-employee-or-self-employed to clarify your status. On how redundancy pay is calculate see https://www.gov.uk/redundant-your-rights/redundancy-pay

  • Anonymous says:

    I am being made redundant, my contract is for 32 hours however for the past 15 months I have been working 37 hours full time on a temp contract. How would my redundancy payment be worked out would it be on the parttime or fulltime hours?

    Editor: You’ll normally be entitled to statutory redundancy pay if you’re an employee and you’ve been working for your current employer for 2 years or more.

  • Anonymous says:

    My employer has explained that due to rapid increase in workload it has resulted in a considerable strain on staffing resources and workload. They are restructuring the team and are considering the creation of a full time position and should this happen it is unlikely that the business would be able to sustain the increase in salaries without effecting other roles. There is a strong possibility that my part time position (3days a week sales support) be made redundant and a full time position (renamed) created. I am also aware of a tele sales position has already been created and the new starter begins next week. It would appear my only option is to work full time or be made redundant. I have only been with the company permanent for 4 months. What if any are my options, please help? 🙁

    Editor: Any business is entitled to carry out a review of its business requirements and posts can change.  If this is the case, this could amount to a genuine potential redundancy situation.  If the company has decided that your post has changed and, as a result of a restructuring exercise, your position no longer exists, you could properly be made redundant. Providing the company follows a fair consultation process with you and you are not unfairly targeted, this would amount to a fair dismissal.

  • Anonymous says:

    I was recruited on a part-time basis just over a year ago. The opportunities in the team I'm responsible for have grown / my team are winning business and the company now either want me to go full-time, or are saying I need to resign..or they will make me redundant as the job is now full-time. They feel the COO should never have agreed to employee for this position part-time. The 3 days per week is proving a challenge (I'm always doing 4 days!). They are not open to exploring job share opportunities at all & dismiss it. I'd appreciate advice on where I stand on this and what approach I should take.

    Editor: Our employment lawyer Tracey Guest has replied:

     

    I understand that you were recruited on a part-time basis just over a year ago. Your employer now wants to change your role to full-time or wants you to resign because your job is now full-time. Your employer states that your part-time role is redundant.

    Unless your employer has a contractual right to do this (which is unlikely), your employer cannot change your role from a part-time to a full-time role, without your agreement. If your employer attempts to change your terms and conditions of employment without your consent, you have a number of options. You could work under the new terms and conditions but make it clear that you do not agree to the change. You could then submit a claim for breach of contract. It is unlikely that you would be able to show any financial losses resulting from the breach of contract and this would mean that your only remedy for breach of contract would be a declaration that the variation was a breach of your contract of employment or an injunction stopping your employer from breaching your contract of employment. Your other option would be to resign and claim constructive unfair dismissal but unfortunately you need two years’ continuous employment to submit this claim at an employment tribunal and therefore this avenue would not be available to you until you meet this requirement.

    If your employer dismisses you for not agreeing to the change in your working hours, your remedy would be an unfair dismissal claim in the employment tribunal but unfortunately, again, you need two years’ continuity of employment for this claim. Your employer should however pay you your contractual notice entitlement and if it does not, you would have a wrongful dismissal claim. Your employer has also mentioned redundancy. However, a need to increase working hours is not a redundancy situation, although it is possible that your employer mistakenly believes that it is. In any event, you are not legally entitled to a redundancy payment until you have two years’ continuity of employment.

    It is generally acknowledged that a requirement to work full-time rather than part-time could be capable of amounting to indirect sex discrimination, as more women than men have family responsibilities that make full-time work more difficult. However, the requirement will not be discriminatory if it is objectively justified by your employer. In your case, your employer may be able to justify a requirement for full-time, rather than part-time hours, on the basis that the business is growing and your team are winning business.  When considering changing your role from part-time to full-time role, your employer should be clear about the aim they are seeking to achieve, and consider whether there are any less discriminatory ways of achieving it. It could, for example, consider job-share or splitting a full-time role into two part-time roles as potential ways of seeking to avoid indirect discrimination against you.

    I would advise you as a first step to submit a grievance stating that you do not agree to your employer changing your hours and that you consider this is discriminatory on the grounds of sex. Depending on how your employer handles your grievance, you should then consider submitting a sex discrimination claim. This must be submitted at the employment tribunal within three months of the discriminatory act, which in your case, would be i) the change to your terms and conditions of employment from part-time to full-time, if you remain an employee or ii) the date you are dismissed for not agreeing to go full-time.

    Please contact Tracey Guest on 0161 975 3823 if you would like further advice in relation to this matter.

     

  • Anonymous says:

    I am now 73 and I have worked part time for 4 years.The business is now about to close down. Am I entitled to redundancy pay and if so how is it calculated?

    Editor: You are still entitled to redundancy pay as a part timer – see https://www.gov.uk/parttimeworker-rights

  • Anonymous says:

    Can you help me? I've been with my employer for just over 10 years doing a jobshare. In the summer my partner finished due to ill health. Since then my company have advertised for a new jobshare, but not been successful, there is no suitable alternative. They stated to me if I cannot fill the role with full time hours they will terminate my contract.
    Could you please advise if they are allowed to do this? I have offered to look at a compromise of hours, but cannot do full time as I need to pick my daughter up. If I agree to this they want this to happen for a minimum period of 3 months, of which then they state I'm not in a redundancy situation and if they feel it's not working again they will just serve me my contractual notice.

    Editor: Our HR expert Tara Daynes says:  She is certainly entitled to request a flexible working arrangement that may be some compromise, and also means they have to properly justify turning down the request and show that they have considered all possibilities, including being proactive in searching for a job share replacement. Otherwise it could possibly be a unilateral change to terms & conditions. It isn't a redundancy if the work still needs to be done, but I believe they should at least offer a settlement if they genuinely can't offer her part time hours any more – mainly because she may potentially have an indirect sex discrimination claim if they are imposing a condition (ie full time) that women would be less likely to be able to comply with (due to childcare), but there is no guarantee that she would win a tribunal case.

  • Anonymous says:

    Hi. I have worked for my employer for 25 years; 6 years full time and 19 years part-time. I am still part-time. The company is going to end the final salary scheme and replace with a DC scheme. To calculate my final salary pension to date the company have pro-rated my length of service to 18 years 10 months (they have divided it by full time 37 hours). If my final salary was a full-time salary I could understand this pro-rated calculation, but because it is a part-time salary I think the length of service should be pro-rated against my final hours (30 hours per week) and not against full time hours (37)? Or should it be calculated on my 25 years service or do you think they are right?

    Editor: Our HR expert says that you should take the matter up with the pension company not the employer to make sure you do not lose out.

  • Anonymous says:

    I have worked for my employers for 24 years and during the last 18 months had to reduce my hours due to my disability. However, the employer is making redundancies and I have asked them to consider letting me work full time for a period prior to the redundancy as a reasonable adjustment. I wish to take voluntary redundancy so will not be penalised by the employer by making this request. 

    Editor: I am not sure what your question is. Are you asking whether your employer should grant this change and on what basis would you argue for it? Normally, adjustments are granted due to difficulties at work caused by a disability or health issue – see http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/disability-in-employment/at-work-making-reasonable-adjustments/

  • Anonymous says:

    Re my previous comment:
    I recently returned after having a baby and am now part-time, working in Sales. Due to a re-structure, they are claiming that the sales positions need to be full-time only as they feel the follow up in the sales department requires a full time position (i.e. if a customer called on one of my days off, I would not be there to continue the service initiated and someone else would need to take over). Is this valid enough reason to make me redundant?

    Editor: Could you send a longer explanation of your situation – for instance, how long you have been working part time and what kind of consultation you have had on the restructure – via our Advice & Support/Q & A page box and I can pass it to our legal experts.

    Addition: I have worked for the company for almost 4 years and returned part time in April this year. I had a consultation a week ago. They didn't mention redundancy as such, but implied that the positions would only be part time. I felt this was 'bully boy' tactics to try and get me to panic and say 'i'll go full time then' – which I didn't.

    Editor: Our HR expert Sandra Beale says - At the next consultation you need to mention that if they require cover full time then perhaps a jobshare could be considered. You could even put this in writing now. It could potentially be unfair if they make you redundant as there is a requirement for more hours to be worked rather than a drop off in hours required. If a jobshare is recruited from a redundancy pool then that makes one less redundancy.

  • Anonymous says:

    I recently returned after having a baby and am now part-time, working in Sales. Due to a re-structure, they are claiming that the sales positions need to be full-time only as they feel the follow up in the sales department requires a full time position (i.e. if a customer called on one of my days off, I would not be there to continue the service initiated and someone else would need to take over). Is this valid enough reason to make me redundant?

    Editor: Could you send a longer explanation of your situation – for instance, how long you have been working part time and what kind of consultation you have had on the restructure – via our Advice & Support/Q & A page box and I can pass it to our legal experts.

  • Anonymous says:

    There was a change of contracts back in May 2012. Therefore everyone's redundancy is based on your salary at that time, that is what we are being told. I completely undertand the point made in the thread above about being made redundant from your current position. However, to base our redundancy on a figure from 12 months ago and then pro rata to me doesn't make sense. Is there anyone you can recommend I speak to?

    Editor: You could try any of our lawyers – see https://www.workingmums.co.uk/advice-and-support/q-and-a/meet-the-experts/, but they would charge or you could try your local Citizens Advice Bureau. What does your contract say about redundancy payment? According to our legal expert, redundancies are calculated with reference to the position at the time of redundancy and obviously subject to any rights within the contract of employment if the contract gives greater rights than the statutory entitlement.  

  • Anonymous says:

    I have worked for 10 years for the same organisation, full time. I have just recently (within 6 months) moved to 4 days. I am now being made redundant and have been told that my pay out will be based pro rata for the entire 10 years. However, they are basing everyone's salary on May 2012, a time at which I was working full time. Can they still calculate my payout at the reduced rate?

    Editor: Our HR expert Sandra Beale says: "If everyone elses is based on May 2012 then hers should be too although I find it strange why the company would do that."

  • Anonymous says:

    I work part time – 10 hours per week – and my job has been taken over by another company, who do not wish to take me on. I have worked for over 5 years and have never been off sick. What am I entitled to receive from my employer by law?

    Editor: If your post has been made redundant you are entitled to redundancy pay – see https://www.gov.uk/redundant-your-rights/redundancy-pay

     

  • Anonymous says:

    I have just returned from maternity leave in June and have gone from full to part time. I am now at risk along with another girl who is full time. We are being told that one of the two positions must go – therefore will my full time service be taken into account?

    Editor: I’m afraid our legal experts will need more information to be able to respond and you would need to contact them via the Advice & Support/Q & A page box so we have your email and can ask any supplementary questions they might need answered in order to properly advise you.

  • Anonymous says:

    Does this mean an employer could make a full-time worker into a part time for a couple of years and then make him redundant, thereby only needing to pay the lower rate, albeit for the longer total period?


Post a comment

Your email address will not be published. Required fields are marked *

Recommended

Read More On Employment Rights

Your Franchise Selection

Click the button below to register your interest with all the franchises in your selection

Request FREE Information Now

Your Franchise Selection

This franchise opportunity has been added to your franchise selection

image

title

Click the button below to register your interest with all the franchises in your selection

Request FREE Information Now


You may be interested in these similar franchises