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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70320
Experience:  Qualified Employment Solicitor
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Due to the downturn to business because of the current

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Due to the downturn to business because of the current pandemic, this has led my employer to offering me a variation of my current terms and conditions of working Monday - Friday 9.00 - 5.30pm to 2 days only.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Sorry, I hadn't finished typing and pressed the wrong button. As my employer is stating there is no work for me for a proportion of the week they are effectively making me redundant for these days. Can I request redundancy package for the proportionate number of hours/days affected? If I reject the variation can I request my employer makes me redundant?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employed full time, no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long have you worked there for? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 11 days ago.
12 years
Customer: replied 11 days ago.
No thanks
Customer: replied 11 days ago.
Look forward to receiving your advice
Customer: replied 11 days ago.
Will you be responding today
Customer: replied 11 days ago.
Are you still looking at this?

Many thanks for your patience. As promised I am replying today.

You cannot realistically claim redundancy for a proportion of the hours you did. You either get made redundant from your job as a whole or you don’t. There is no halfway house where you get partial redundancy.

Whilst you could push for redundancy from your normal role on the basis that what you have been offered instead does not amount to suitable alternative employment, you cannot force the employer to make you redundant. If that was the case, then you will have to consider resigning and claiming constructive dismissal instead, which if successful, will get you compensation similar to what you would have received had you been made redundant.

If it gets to that and you resign, before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

The next steps you need to take in order to initiate the conciliation procedure are to contact ACAS, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Customer: replied 11 days ago.
Hi Ben, many thanks for this, I will discuss with my husband, should I have any other questions, please can I contact you?

Yes sure just reply on here please

Customer: replied 11 days ago.
Thank you

You are most welcome

Ben Jones and 3 other Employment Law Specialists are ready to help you