asked to do part time to help out/ redundant

suemog

I have worked full time for my company for over 6 years and in october was asked if I would mind going part time to help them out as they weren't doing too well. I said I didn't mind and was told my hours would increase if things got better or if we got behind. I went from 5 days to 2 and a half days. No contract was changed or signed.On friday he decided to close the business without any notice......should my redundancy be paid on full time money or part time? Please advise as I meet with him tomorrow

getmore4less

Have you got anything in writing.

if they want to pay on the short hours I think you may have to show this was a temporary short time working.

Don't forget 6 weeks notice that might also be full hours pay as well but that would need advice.

suemog

Not had anything in writing....this was just asked and I said yes to help them out. Told them the other week that I didnt like the hours and she just said 'you know we would give you more if we could and if we get more work in blah blah!

LittleVoice

suemog wrote: »

I have worked full time for my company for over 6 years and in october was asked if I would mind going part time to help them out as they weren't doing too well. I said I didn't mind and was told my hours would increase if things got better or if we got behind. I went from 5 days to 2 and a half days. No contract was changed or signed.On friday he decided to close the business without any notice......should my redundancy be paid on full time money or part time? Please advise as I meet with him tomorrow

Interesting timing. With irregular hours, redundancy pay is calculated on average earnings over previous 12 weeks. Depending on when in October you changed hours you could just have passed that 12-week mark (or achieved it as early as Christmas).

zzzLazyDaisy

With nothing in writing to say this is a temporary arrangement (which need to be clearly stated as defined in time, and not intended as a long term change to your normal contractual hours) this is likely to be viewed as a variation to your contract. It does not matter that a new contract was not issued, nor that you did not sign anything. Simply by continuing to work under the new contractual hours means that you are deemed to have accepted them.

Unfortunately that also means that your redundancy pay and notice pay are calculated on your new hours/wages.

(The 12 week rule only applies where the contractual hours are irregular, eg zero hours contracts, and not where there has been a change in contractual T&Cs to reduce the employee's hours)

suemog

Think it started 2nd week of november after the school hols. Was asked in october but it started in november. It is about 11 weeks. Timing was good wasnt it.....they must have known by then but didnt ask the other two in the office doing different jobs to go part time. One is only 22 so not entitled to as much and other one has done 16 years but only 31...I am the oldest!

getmore4less

It's a fairly common trick to do this on those that don't understand the implications.

Always a good idea to research the impact of what is being asked and get clarification in writing or email so there is a record.

Also crafty(or accident) that they chose to make the change exactly 50% of normal hours because that excludes one of the option to get redundancy through request under the short time working rules.

It might be worth trying to get them to admit(email) this ws supposed to be a temp change but I suspect they new what they were doing.

how many are involved?

has business got so bad that it is obvious it can't continue

thinking something like
Sorry that even with the temporary reduction in hours is is no longer possible to keep the business going are you sure that things won't pick up by ... so we can all return to full housrs as originaly planned.

Any chance you could take over or replace the business if there is some viablility for the product/service.

Glum

Jumping in... I almost got caught with this sneaky part-time trick last year. I was asked to consider going part-time very early in the redundancy consultation process and smelled a rat. When I looked into the financial effect on the statutory payment, I was shocked that it was even legal. I actually feel that this loophole should be closed but that's another issue. Luckily, I engaged a specialist employment solicitor as soon as I got wind of the company's slimeball methods. Free ACAS advice has also been very helpful, especially where I needed a second opinion. Good luck.

Takeaway_Addict

Glum wrote: »

Jumping in... I almost got caught with this sneaky part-time trick last year. I was asked to consider going part-time very early in the redundancy consultation process and smelled a rat. When I looked into the financial effect on the statutory payment, I was shocked that it was even legal. I actually feel that this loophole should be closed but that's another issue. Luckily, I engaged a specialist employment solicitor as soon as I got wind of the company's slimeball methods. Free ACAS advice has also been very helpful, especially where I needed a second opinion. Good luck.

Its only a loophole if the employee allows it to be. Would then say the same thing should apply if it goes the other way and the employee goes from part time to full time?

Glum

Surely that is highly unlikely in a redundancy situation?

Takeaway_Addict

Glum wrote: »

Surely that is highly unlikely in a redundancy situation?

Less likely but I am sure it would happen and has happened, you only need a company to buy someone out without a manager know and then that branch to shut down for example