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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon - I am a lecturer at a F.E college. Last summer

Resolved Question:

Good afternoon - I am a lecturer at a F.E college. Last summer (July/August 2013) our department announced they were over-budget & underwent a restructure to reduce costs - we went from having 5 Course Leaders (myself being one of them) down to just one Course Leader and 2 part time (0.8) Associate Teachers. I was one of the staff members that interviewed for and was given a part-time associate teachers job (I didn't apply for the only Course Leader role as it would be against my colleagues/friends). We were told that our pay would be frozen for 12 months, which it has been, but at the part-time rate of 0.8. (i.e I would receive four-fifths of my previous salary) When I originally enquired about redundancy for the 0.2 part-time hours I was losing, I was told that it was either redundancy for the 0.2 part or protected pay on my 0.8 part, I couldn't have both. Is this right? I have never been offered 0.2 part-time hours in any other area to make up my position back to full-time, nor have I received any redundancy for the 0.2 (actually 7.5 hours) per week I am missing, though I have had protected pay on the 29.5 hours (0.8) that I have been working. Many thanks in advance for your advice. Regards, ***** *****
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

Hi Ben, thanks for your quick response. I signed my permanent contract as Course Leader on 4th January 2011.

Ben Jones :

Hello Paul, an employer cannot offer you redundancy for part of your job, it is all or nothing. So for example, if you had two separate jobs and contracts and one of those jobs was being made redundant but you were keeping the other pone, you could ask for redundancy for that job which was disappearing and retain the other one. However, if you had one job, which was being changed or reduced, then you will not be made redundant and cannot ask for redundancy for the hours you may have lost out on as a result of these changes.


 


What would happen in your situation is that the original position is made redundant and as an alternative the employer has offered you alternative employment, which you can consider taking in order to avoid being made redundant. Whilst it may have been on reduced hours, they could have offered additional benefits such as a pay freeze in order to make it more suitable. Had you been offered something on less hours and with no freeze on pay then you could have argued that the offer was unsuitable and asked for redundancy for the job as a whole, meaning your employment would have been terminated. However, if you took up the job at the time and agreed to it on the terms offered then you would have accepted it as suitable alternative employment and lost your right to asking for redundancy now.


 


If you did not believe that the offer, as it stood at the time it was given, was suitable then you should have asked for redundancy then. Accepting it and working in it on the proposed terms means you agreed it was suitable and would have become bound by it, meaning that the pay freeze would have applied to it as agreed and once it was over it would have changed to what it is now.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you


 

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Hi Ben, apologies for the delay but I read your answer very quickly whilst out and about on my phone. This is the first chance I've had to physically sit down and take the information you have given me in properly.

Customer:

Thanks for your quick reply & yes, you have resolved my question - thanks once again. Paul

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45351
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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