Am I entitled to redundancy

alilow

I have worked for my employer for over 15 years. He has reduced my hours from 40 to 27 per week. I have asked him to make me redundant but he refuses. I cannot survive on the reduction to my income. My new contract starts this week and I am worried that if I go into work this would mean I have accepted the new hours and lose any redundancy entitlement. At the same time I can't afford not to go to work. Can anyone advise me

brewerdave

My personal opinion is that you can't force the employer to offer redundancy in these circumstances. You could refuse the new contract , leave and claim constructive dismissal through Employment Tribunal .
HOWEVER, you really need good legal advice -are you a member of a Union?

Alter_ego

Redundancy is when the job no longer exists. Nothing to do with people.

Undervalued

brewerdave said:

My personal opinion is that you can't force the employer to offer redundancy in these circumstances. You could refuse the new contract , leave and claim constructive dismissal through Employment Tribunal .
HOWEVER, you really need good legal advice -are you a member of a Union?

Indeed, although under these circumstances the claim would be for unfair dismissal (not constructive UD) despite the resignation.

You may well have a decent case but as has been said you need to seek proper legal advice before doing so. Even then there is a risk plus it will take some considerable time if the employer defends the claim.

As you say you need to be very careful you do not agree to this reduction by default.

Undervalued

Alter_ego said:

Redundancy is when the job no longer exists. Nothing to do with people.

Yes, but the argument here would be that the 40 hour job no longer exists and is therefore redundant. A new job with fewer hours exists in its place.

DoctorStrange

Is your employer able to unilaterally change your hours in your contract? I imagine he can't just double it to 80 or reduce it to 1 for example, so I'm not sure he's able to change it to 27 without your agreement.

It sounds as though he's trying to bully you into accepting the reduced hours - how much notice did he give you for the change? It doesn't sound like you've had much time to consider your options.

As others have said, though, it's more likely be a claim for breach of contract or unfair dismissal rather than redundancy. Perhaps to buy some time you could write a letter of protest? Make it clear you do not accept the new terms and that you are available to work 40 hours and expect to be paid for them, even if he chooses not to provide you with work during some of those 40. An important concept in employment contracts is obligation - he's obliged to offer you work (or to pay you as though he had offered work) in line with your contract. If you've made it clear that you haven't accepted the new contract, that you're continue to work under the current agreement and that you're open to mediation to resolve any issues, I think that will show you're operating in good faith which should stand you well.

That said, you do need to think about whether going down the legal route is worth it. I'm unsure of the stats, but I heard the chances of success at ETs are low, even if you're in the right. 

Undervalued

DoctorStrange said:

Is your employer able to unilaterally change your hours in your contract? I imagine he can't just double it to 80 or reduce it to 1 for example, so I'm not sure he's able to change it to 27 without your agreement.

It sounds as though he's trying to bully you into accepting the reduced hours - how much notice did he give you for the change? It doesn't sound like you've had much time to consider your options.

As others have said, though, it's more likely be a claim for breach of contract or unfair dismissal rather than redundancy. Perhaps to buy some time you could write a letter of protest? Make it clear you do not accept the new terms and that you are available to work 40 hours and expect to be paid for them, even if he chooses not to provide you with work during some of those 40. An important concept in employment contracts is obligation - he's obliged to offer you work (or to pay you as though he had offered work) in line with your contract. If you've made it clear that you haven't accepted the new contract, that you're continue to work under the current agreement and that you're open to mediation to resolve any issues, I think that will show you're operating in good faith which should stand you well.

That said, you do need to think about whether going down the legal route is worth it. I'm unsure of the stats, but I heard the chances of success at ETs are low, even if you're in the right. 

I wouldn't be quite so sure I'm afraid.

As you say the OP needs to make sure it is not changed by default which is what could easily happen unless he positively rejects the reduced hours.

A reduction in hours, rather than redundancy can be ruled to be fair under some circumstances. In the same way a forced relocation an hour or so further from home can often be considered acceptable by an ET.

From a practical point of view a redundancy payment is a nice bonus if you can easily find an equivalent job. However 15 weeks pay (even tax free) is only about the same as five months taxable salary. It soon goes if you can't find work or have to accept something at significantly less money.

MalMonroe

This link may be helpful. Also, if you and your employer signed a contract, it would be useful to look at that. https://www.tribunalclaim.com/free-employment-law-advice-employees/

Undervalued

MalMonroe said:

This link may be helpful. Also, if you and your employer signed a contract, it would be useful to look at that. https://www.tribunalclaim.com/free-employment-law-advice-employees/

Doesn't need to be signed (or even in writing) to be a valid contract. Obviously far easier to prove what was agreed if it is though!

Masomnia

You need to be clear in writing with your employer that you are 'working under protest' and seek advice in that time.