How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask taratill Your Own Question

taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

Employee started working part time 2 years ago, then 9 months

Resolved Question:

Employee started working part time 2 years ago, then 9 months ago went full time. We have now had to reduce hours back to part time because of lack of work, but if work goes back up will of course revert back to full time. Is he entitled to redundancy and if so, how much?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
When exactly did the person commence working for you and was the change to full time hours meant to be a permanent change?
Customer: replied 1 year ago.

Started 1 May 2013 part time. Changed to Full Time 1 Sept 2014. Redundancy has taken place throughout the company, with many loosing their job, he was asked if he could go part time until things pick back up then refer back to normal ft hours.

Expert:  taratill replied 1 year ago.
Hi has he refused to do this then? How many hours are you asking him to reduce by?
Customer: replied 1 year ago.

Its all mutual, he has gone from 5 days to 3 but now is demanding redundancy pay, hence the question. Is he entitled to any. My thoughts as explained to him was if we paid him redundancy pay, then legally we could not re-employ anyone doing that role again for 2 years?

Expert:  taratill replied 1 year ago.
It is not entirely straightforward a redundancy situation occurs when the need for a person to perform a role ceases or diminishes so a reduction in hours can potentially amount to a redundancy situation where a payment is payable.
If his change to full time hours from part time was a permanent rather than temporary then potentially again he might be entitled to redundancy pay. If it was just a mutual agreement for the time being then you can argue that he has simply reverted to his original contractual hours.
I assume there is no short time working clause in his contract to allow you to reduce hours in a temporary situation.
In a nutshell therefore if full time hours was a permanent arrangement he is entitled to request redundancy pay and refuse to accept part time hours as an alternative.
It is not correct that you cannot employ anyone else if business resumes.
You will be under no obligation to reemploy the same person (although of course you may if you want to).
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

Thank you for that, he wants redundancy pay and wants to continue to work part time and revert back to full time when the business picks back up. Can you shed some light on this please.

Expert:  taratill replied 1 year ago.
No he is not entitled to both. Either he is dismissed by reason of redundancy. Or he agrees to a reduction in salary/ hours.
There has to be a termination for a redundancy payment to be payable.
Hope that helps.
I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 1 year ago.
Hello is there anything further you would like to know about this as I note you have not rated my answer which is an important part of the process and I am not credited for my time unless my answer is rated.
Thank you.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions