Redundancy question - can an employer do this?

[fridaypassion]

My wife is due to be made redundant. She has worked full time for the employer for 9 years and just returned after maternity leave so has done 2 months on part time hours.

When calculating her redundancy pay which would amount to a pittance anyway, they are saying they are calculating her entitlement based on her new part time hours.

Is this right?

[Muncle Trogg]

Has her contract changed to say that she is now employed part time or is it part of a return to work process?

(BTW, I'm no expert, just thought the info may help those who are better informed)

[fridaypassion]

No new contract as far as I'm aware just returning to work in the same role part time

[c8bof]

If there was an agreement that she was reducing to part-time hours after her mat leave and that this was to be a permanent arrangement, then that's her new hours. Were there any letters going to and fro between her and her employer to agree the reduction to part time hours? If so, that would probably be enough to confirm the change to her T&Cs.

Worth noting though that a contract doesn't have to be in writing - if both parties are now working away to the new hours with no objection, she could be deemed to have accepted them.

[fridaypassion]

So if she is on new T&Cs lets assume she is, the first 9 years shes done are just down the toilet then in terms of redundancy payment?

[dundarach]

Get proper legal advice - from a lawyer they are on here but check first....

It's a mine field, ask about:

1. redeployment
2. criteria
3. training / CV help
4. garden leave
5. interview time off
6. references

and much more...

If it's a large company they should offer much more.

Is she in a union, are you, do you have legal help with home insurance, has she spoken to citizens advice?

What are the timescales?

Has there been a consultation, was she notified of this on maternity?

And so on...best of luck

[fridaypassion]

The employer is West Yorkshire Police who have been utterly appalling in the way they have dealt with the whole matter. There has been rumor after rumor for about 6 months but they only had it verbally confirmed last week. They are now seeing if they can legally give them an open ended finish date.

The whole things been a farce which is why I was thinking they must have this wrong somewhere. There are no fancy redundancy packages for anyone either its all statutory stuff which is why we are a bit miffed that she looks to be getting half a pittance as opposed to at least a full pittance.

The Police civvy staff tend not to be very unionised on this site at least due to lack of confidence in them over the years most of the staff were members at some point but have cancelled. The Unions have again been nowhere to be seen when they should really have had everyone out on strike IMO.

Its a mild irritation for us but for a lot of the people my Mrs works with they are the main breadwinners and facing financial ruin. All the WYP can do is kick them in the proverbials as much as possible. They are a disgrace.

[c8bof]

Can really appreciate that it feels and looks rubbish. You need to get a copy of her T&Cs which explain their redundancy policy / procedures and then get on the phone to the ACAS helpline - they can be very good.

You can get advice here, but a lot of what happens depends what's written in the contract, policies, etc. Hope you get it sorted.

[worsy]

Same happened to my wife; went back to work part time and entitelement was calculated on part time working.