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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 7789
Experience:  15 years experience of advising on employment law matters
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I have been working with the same company for 17 years 3

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Hello. I have been working with the same company for 17 years 3 months and have just been told I will be made redundant at the end of the year. For the last 3 months I have been working part-time for 4 days a week instead of 5. I would like to know if my redundancy payment should be based on 17 years full time and, say, 3 months part-time or could it be based on the current part-time salary? Many thanks. Regards, ***** *****
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No, not as yet. I would like to know legally where I stand before that time so am confident of my position.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee and I do not belong to a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so thank you.

Hello my name is***** am a solicitor and i am happy to help you today.

Was this a permanent change to your contractual hours please?

Customer: replied 2 years ago.
Hi Jenny. It was supposed to be a 6 months trial, but yet, it was a change to contractual hours.

Did you agree to that change and when did it happen? Are you the only person being made redundant please?

Customer: replied 2 years ago.
I agreed this change in July to start in August 2019. No, I am not the only person being made redundant.

Ok sadly if it is a permanent change then the employer can base the redundancy pay on the current weeks pay on the current permanent contract and does not have to take into account the period of time that you worked full time.

Do you have any further questions about this please?

Customer: replied 2 years ago.
I have not received a revised contract but my salary was reduced. Does that make a difference? Also, it was only supposed to be a 6-month trial.

No because it is the 'weeks pay' at the date of termination that is relevant unfortunately. The fact that it hasn't been put in writing doesn't mean that it is not contractual.

You can try to ask them to pay it based on full time hours but you are unlikely to succeed in a Tribunal if they refuse unfortunately.

Do you have any further questions about this please?

Customer: replied 2 years ago.
No, thank you Jenny. I appreciate your advice. Goodbye. KW

No problem, all the best with it. I would be very grateful if you would take the time to rate my answer before leaving the site today. Thank you and all the best.

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