If there hasn’t been a clear break in continuity of service of a week which includes two...read more
I have worked for my employer for 10 years. For the first few years I worked full time and then handed in my notice, but they convinced me to stay part time. My employment carried on without a break but on less hours and this was confirmed in a new contract with slightly different responsibilities. A few years later they decided to make me redundant. They say I am only entitled to redundancy pay from the time I went part time. Is this right?
If there hasn’t been a clear break in continuity of service of a week which includes two Saturdays, or if the employee hasn’t already received Statutory Redundancy Pay [SRP] for the earlier service (and didn’t pay this back when being re-engaged shortly after), there’s no reason why their SRP entitlement wouldn’t include the earlier period of service.
If the first contract ended with the intention to start the second contract and, if there wasn’t more than a week between the first contract ending and the second contract (either starting or at least being arranged if actually starting later – Welton v Deluxe Retail Ltd) continuity is preserved.
*Charlotte Geesin is Legal Director of Howarths, a Yorkshire based, award-winning Employment Law, HR, Business Immigration and Health & Safety provider for SMEs across the UK.