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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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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: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years 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 2 years 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 2 years ago.
Hi has he refused to do this then? How many hours are you asking him to reduce by?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years 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 and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years 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.