Employers must avoid measures that give the illusion of flexible working while still...read more
I was working full time for six years. I then had a child and reduced my hours from 37 to 24 per week whilst still occupying the same role. I was then promoted and my job was split into two roles: seven hours at my previous role, 17 hours in my new role. So for three days a week I would work seven hours in one role and 17 in the other (24 hrs). I have worked these hours for over two years. I am now being made redundant and the pay-off shows I’m getting nine years’ service, but I’m being paid seven hours for seven years, then seven hours for two years plus 17 hrs for two years for the joint roles. I can’t understand why I’m losing out on 17 hrs for seven years.
If you are referring to a statutory redundancy payment, you would firstly need to calculate your continuous employment ending with the relevant date. It looks like the whole period of your employment should be counted. Assume for simplicity that the correct notice has been given. The “relevant date” would be the date on which the notice expired. You would count backwards from this date to calculate the amount of complete years’ service that would be taken into account.
Calculation of a statutory redundancy payment is based on a “week’s pay” as at the “calculation date”. Assume again that the correct statutory/contractual notice was given, the “calculation date” is the date on which, working backwards from the “relevant date”, the employer would have to have given notice in order to comply with the employee’s minimum statutory notice entitlement. This is the point at which a “week’s pay” should be calculated for the purposes of a statutory redundancy payment.
*Helen Frankland assisted in answering this question.