Redundancy - time scales...

LL30

Would really appreciate some advice, I am not very knowledgeable in this area!

I had a discussion with my manager on 19th August about reducing my hours from 16 to 6 - 3 hours on a Thurs and Fri. She said she was thinking of introducing this as of the end of Sept and asked me to have a think about it and get back to her. It's a no brainer unfortunately, I am a single Mum, childcare is £21 for a half day, so that'd be £42 a week on childcare - half my weekly wages. So I emailed her yesterday and confirmed I would have to take redundancy (the other option she gave me) and stated that I was giving the 4 weeks notice needed to take me up to the end of Sept. She replied and said she had sent me a letter in the post.

I received the letter this morning, giving me a new start date for the 6 hour p/wk as 18th Sept! My contract states that it's a 4 week notice period, and thus this applies for redundancy also. I can only assume she has counted our first discussion as the start of the notice period? Is that allowed. It means that she has got out of paying me any additional monies as I'm only entitled to 2 wks redundancy pay anyway!

She's left me in such a pickle. I have to give 4 weeks notice for nursery to take my lo out, then I'm jobless and without childcare - my lo was so lucky to get a place there originally, they've already said that if I take her out, she won't get her spot back. Also means I have to cancel my tax credits claim Also, I'm quite sure that my 'redundancy' money aka a months wages, will be taken into account with my housing benefit, so I'm really going to be in a mess - I've literally gained nothing at all, so even if I do get a job, how will I pay the nursery fees (if I get another place) up front? I know I'll get more housing benefit, and I am grateful that I will get benefits, but it's not the life I want and it always takes so long to sort out. Really panicking, particularly about paying childcare fees up front...anyone shed any light on all of this? Any hints/tips/ideas? I'd be so grateful. my lo turned one yesterday and it was her party today but I just felt miserable

SarEl

Right - your redundancy money won't be taken into account for benefits - unless you earn a lot more than I think you do!

Other than that - let's go back a step. Why do you think she had the right to reduce your contracted hours of work, and why do you think this is a redundancy? Because this doesn't sound right to me.

LL30

It's complicated! We are a small CIC, there are only 2 paid employees (myself and one other). I am contracted for 16 hrs a week and originally the other person was a volunteer. I then went off on maternity and the volunteer took my position, paid. On return, the other lady became my assistant again, paid for 6 hrs and I took back my original role. The contract is funded by the NHS, but my manager has said that she has been funding it also (? I think it's bad maths on her behalf) and so she couldn't keep me on my original hours as there wasn't the money to do so. Basically, she's broke, she's f0cked it up and I'm suffering because of it! There was a time last year when she didn't pay me one month...put me in an awful situation, but I did a 'forgive and forget'...wish I hadn't now!

Does that mean that housing benefit won't take into account my redundancy money? i get part housing benefit now, so just assumed that would stand until I was on income support or such like. Would be a big help if so, any money saved would be a bonus.

Does this make sense now? i spoke to ACAS who seemed to think it was a legitimate redundancy. i think it's one big f0ck up! Thanks for your help, I appreciate it!

SarEl

Housing benefit I think (I'm a lawyer not a benefits expert) needs some £*k before they takle it into account - but don't trust me, ask on the benefits board! I know that you can have some money and not have it taken into account.

The last people on earth I would trust would be ACAS, for anything, including the name of a good take-away.

What about the other person - have they had the same ultimatum?

LL30

No idea about the other woman. The letter I got stated ' Further to our conversation on 19th August I wish to confirm our intention to reduce the XXXX post hours to 6 per week in line with your colleague and within the specified budget for the groups. This is proposed to take effect from 18th Sept 2011. I would be grateful if you could let me know if you would consider voluntarily reducing your hours as a variation of your contract as we are keen to keep your skills and experience within the organisation until we identify an increase in revenue. We are aware there are obvious financial considerations for you and would hope you have now sought independent advice to consider your options. let me know your intentions at your earliest convenience'...

I was annual leave until 2nd Sept, which was when I emailed her. To be honest, getting out is the best thing I could do - as I said previously, this isn't the first tiem she's dropped me in it! What concerns me the most is the notice time she has given me. I can't believe she's using the initial conversation as the starting point for the notice period - this differs from what she said during our conversation.

Yes, ACAS aren't great are they - but unfortunately I'm not well versed in this area. I've been to 1 tribunal, and signed off on a compromise agreement, so I've unfortunately had a fair bit of experience in employment law, just not redundancy. Thanks once again for your time and help

SarEl

Hmm ok. Well I would agree that that is not a notice letter, and that your notice should not have begun until such notice was issued - in this case by your saying that you would take the rediundancy. However, it may be swings and roundabouts since your notice would overlap with the date of the reduction in hours, and so part of your notice would only be paid at the 6 hours per week.

As a matter of interest - had the number of hours available been 12, would you have still made the choice you did? Because they should not have simply dropped your hours. If there was a redundancy situation both posts should have been included and one single post created for which you both competed.

LL30

I think it's due to the nature of the job. I run groups for young people with emotional health issues. As it's a group, 2 adults must be present for H+S rules. There are 3 groups split over 2 days and honestly there's no way the work can be done in 6 hours. Each child has a 1/2 hr write up after groups plus contact with schools etc, it's just not do able (approx 14 kids overall).

Now I'm confused! Do you think that i have now invoked my end date by stating I can't accept the change so I am giving my 4 weeks notice (so end date being 30th Sept, thus meaning I will get 2 weeks full pay, 2 weeks on 6 hrs and then 2 weeks stat redundancy and holiday pay) or does her letter over ride that and mean I end on 18th Sept as I haven't accepted the hours? therefore will get 2 weeks full pay plus 2 weeks stat redundancy pay and holidays? Chicken, egg? Confused!! I may be able to continue my TCs claim if so as although I'm only on 6 hrs, if your hours fluctuate, as long as you do 16 average, it's ok and I'm really hoping I get a job this week (2 dif options looking very good, but both starting Oct, so if I finish 18th Sept, will have to stop and restart my claim as I won't be working at all). Gosh this is all so complex, really appreciate your input! x