Redundancy pay - quick question.

m000_2

My MIL wishes to make her cleaner redundant. She's employed through my MIL's own company.

When the cleaner started she did 5 days a week. Due to the recession she was cut down to 3 days a week, approximately 1 year ago.

Which redundancy pay is the cleaner entitled to? The original 5 days, the 3 days or a combination of the two?

I hope I'm making sense!

dickydonkin

I would suspect a lot would depend on the cleaner's contracted hours as defined on the contract of employment.

I wonder if the contract was changed when the hours were reduced.

If the contract of employment was not changed at the time the reduced hours were introduced and the employee had not objected (in writing) to the variation of contract (reduced hours), it is generally deemed that the variation has been accepted by the cleaner, this is compounded by the fact that the cleaner had been working to the new terms for a year without objection (I am assuming this as there was no indication that any objection was lodged).

I would suspect that redundancy payment would be based on the new hours, however, without the details of the terms and conditions of the contract, I would suggest the employer seeks professional advice before commencing the redundancy process.

Pete111

Given the new 3 day pattern is well established, I would say your MIL has every right to pay the redundancy pay based on the 3 days per week

As dpassmore says - Even if there is no contract to cover the alteration it could be argued that as the change has been in effect for 1 year an implied change in contractual terms has taken effect.

Personally, I would go ahead on this basis but for more certainty you could run it by an employment lawyer if you wished.

p

getmore4less

How many years has she been working and how old is she

redundancy will be based on current wages

plenty of sites.

http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html

m000_2

getmore4less wrote: »

How many years has she been working and how old is she

redundancy will be based on current wages

plenty of sites.

http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html

I'm unsure of her age but would guess at late 50's/early 60's and it will be 5 years in May.

Thank you all for your replies. I'll pass the information on.

dickydonkin

m000 wrote: »

I'm unsure of her age but would guess at late 50's/early 60's and it will be 5 years in May.

Thank you all for your replies. I'll pass the information on.

Just a thought - although I would imagine the cleaner is under 65 years of age, she can claim a redundancy payment until she is 65, unless the company policy is for retirement, for both men and women, at an earlier age.