Redundancy

Harria01

Hi wonder if anyone can help my employer is making my full time role part time (40 hours to 25) without automatically considering me for the role. They say i will need to apply if interested. I have worked there just under 2 years permanent and they have now given me 1 month notice but have asked me to stay on til a further date that would take me exactly 1 week (or 5 working days) which uk law states that is the opening time you can claim for unfair dismissal (2 years less 1week)

What are peoples thoughts n the fact that ive already been given my months notice so maybe that week wouldnt count?

This came about after advising my employer i had a long term ilness, although whether this is classed as a disability im not sure. It has the potential to last over 12 months tho so long term.

I have no adverse things on my file so its all good.

Appreciate your thoughts

Undervalued

Harria01 wrote: »

Hi wonder if anyone can help my employer is making my full time role part time (40 hours to 25) without automatically considering me for the role. They say i will need to apply if interested. I have worked there just under 2 years permanent and they have now given me 1 month notice but have asked me to stay on til a further date that would take me exactly 1 week (or 5 working days) which uk law states that is the opening time you can claim for unfair dismissal (2 years less 1week)

What are peoples thoughts n the fact that ive already been given my months notice so maybe that week wouldnt count?

This came about after advising my employer i had a long term ilness, although whether this is classed as a disability im not sure. It has the potential to last over 12 months tho so long term.

I have no adverse things on my file so its all good.

Appreciate your thoughts

Two points.

Only the statutory notice of one week counts towards the two year's service for unfair dismissal protection.

If, as it appears, you have a contractual entitlement to a month's notice they have to honour this (as it seems they are doing) but only one week of it counts towards the magic two years.

Check this carefully in your calculations.

However, getting over the two years does not prevent them making you redundant it just entitles you to a small amount of redundancy money.

Even if you could reasonably argue that this is not a true redundancy situation (and therefore unfair dismissal) you would still have the costs of making a claim. To be honest it is unlikely to be worthwhile.

sangie595

The way I am reading this is that the OP has been given MORE than a months notice, as they have been asked to work the months notice and stay on after that for a further period. If that whole period is worked, then it all counts towards the magic two years. The "one weeks notice add on" is where employment falls short - so if the OP had worked until 1 years 11 and a half months, and had two weeks until the two year mark, then was dismissed and paid a months PILON, you would be correct and only a week of that counts. But that isn't the case here. The OP is working the whole period and so the whole period is covered.

Anyway, if the OP has a disability and the decision relates - as she implies - she doesn't need two years. OP - what is your long term condition? Not being nosy - it is in the need to know category!

Undervalued

sangie595 wrote: »

The way I am reading this is that the OP has been given MORE than a months notice, as they have been asked to work the months notice and stay on after that for a further period. If that whole period is worked, then it all counts towards the magic two years. The "one weeks notice add on" is where employment falls short - so if the OP had worked until 1 years 11 and a half months, and had two weeks until the two year mark, then was dismissed and paid a months PILON, you would be correct and only a week of that counts. But that isn't the case here. The OP is working the whole period and so the whole period is covered.

Anyway, if the OP has a disability and the decision relates - as she implies - she doesn't need two years. OP - what is your long term condition? Not being nosy - it is in the need to know category!

If it is worked then yes obviously it counts.

As I read it, the OP was saying that only the extra (i.e fifth) week takes them over the two years whereas the month's notice would leave them a few days short.

If, and it is a big if, the OP can show that the real reason for the "redundancy" was a disability then, as you say, it doesn't matter how long they have work there.

That said the disability doesn't prevent them from being made redundant if there are other non discriminatory grounds.

sangie595

Perhaps the OP could clarify the dates.

However, if the employer is doing nothing but making a full time role part-time, and the OP is willing to go part-time, then I would think that it is very questionable why the employer doesn't simply ask the OP if they want the part-time role; and the timing of the decision contributes to the questionable issues if they have just told the employer they have a health condition. More often than not, such cases never get to court because the costs are high, and settlement is easier.