Hi there, to go down the redundancy route you must show that there is a reduced requirement for an employee to do work of a particular kind. One potential difficulty here is if her job has continuously evolved over time, then there may have been an implied change in her terms to accommodate this as your kids grew older, so he can argue that she is no longer employed on the original terms anyway. Saying that you can argue that the current job, taking into account the existing tasks and hours is no longer required so you are making her redundant from it. You can then make her redundant, pay her what she is due and if she wants to stay in the new job then she can do so, but she would have had her continuous service terminated for future redundancy payments.
So the options you should consider are:
· Offer her a change of contract which she has the chance to accept (be it a reduction in days or pay or inclusion of the baby)
· Make her redundant from the current position
Option 1 means that she will be accepting a variation to her contract but it can also be a new contract issued – in either case she keeps her continuity of service if she is made redundant in the future.
Option 2 means she will get redundancy now and it will amount to a break in continuity of service. You can offer her a new contract still and if she accepts it she can continue working for you but it will be treated as a new contract with a new start date.
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