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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50191
Experience:  Qualified Employment Solicitor
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My girlfriend is currently under consultation with

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For KasareRedundancy:
My girlfriend is currently under consultation with notification of redundancy mid-April with probable leave in May.
29 years service by time she leaves.
27 years full time - 35 hours week.
2 years part time - 31.5 hours week.Company redundancy policy is statutory except disregard weekly pay cap and length of service cap.Redundancy Pay: Does the company have to take into account the number of hours worked in week during previous 27 years full-time employment + hours worked in 2 years part-time when calculating redundancy pay? Or can they calculate the whole 29 years at part-time weekly hours?Company policy states: "companyname will disregard the maximum weekly cap placed on the statutory scheme and use the employee’s actual basic weekly pay as the basis for the redundancy calculation."
Ben Jones

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Was the move to part time a permanent one?

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Customer: replied 1 month ago.
Done via flexible working change.

Thank you. Unfortunately when a redundancy calculation is made the employee’s current pay is taken into account. It really does not matter what they have historically done and what they have been paid previously - they are being made redundant from their current job, not from their previous ones. So it could well be that someone has worked full time most of their career and only recently changed to part time and then are being made redundant - it is the current, part time pay which would be taken into account when the employer calculates their redundancy entitlement, notice pay, etc.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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Customer: replied 1 month ago.
Thanks for honesty. Wow that seems very unfair. So you could have two employees one did 27 years part-time say 2 days a week and in the last year went full time, they would come out better than a full-time employee for 27 years and goes part-time in their final year for work life balance reasons. That has to be one of the unfairness things I've heard in employment law. Madness.Thanks for your help.

I am afraid that is indeed how it works. Remember, you are not being made redundant from your previous jobs with the employer - it is the current one which is made redundant, hence why it is only the current terms that apply

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Customer: replied 1 month ago.
Thank for your help, again.

you are welcome and all the best

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