Should my redundancy pay date from when I changed my hours?

I have worked for the same employer for 10 years. For the first few years I worked full time, but I decided to hand in my written notice. I emailed it over, but the next day when we spoke I explained my new job was only part time and that the role I was doing had become something different to what was originally intended. We negotiated a part-time role instead of me leaving. My employment carried on without a break.  I received a new contract. A few years later I was made redundant. I have been told I am only entitled to redundancy for the last few years of employment – from the date of the new contract – rather than all the years I have worked there. Is that correct?

Dice shaped cubes of wood spelling out the word redundancy

 

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.



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