Redundancy calculation for different roles

TN_Law_help

Hi
I work in different department/roles for my employer and because of the very different roles, I have a different contract for each role. One of my roles is being made redundant.

I started with the company in 2012. The role I am being made redundant from commenced in 2015.

Should my calculation for statutory redundancy pay be from when that roles started i.e. 2015, or from when I started with the company?

Thanks

MoneyPit1977

An unusual scenario...
I take it you will be continuing with one of your two positions? 
Also, are you employed by the same employing entity for both? 

TN_Law_help

I will be staying on in my other position and both of the roles are under the same entity.
Just not sure if the role I am being made redundant from, which started a number of years after I started with the company should include just the time I did that role for statutory redundancy pay, or all the years I have worked at the company.
Thanks

MoneyPit1977

Odd that you have two employment contracts with the same entity - If they make you redundant  from one contract you will likely get a tax free payment...which would potentially put them at odds with HMRC given that they remain your employer for the other role. 

I don't know if they can actually make you redundant from one role whilst still employing you - those are pretty murky waters.. Do you get one salary / wage or two different ones? It is quite possible this would not be seen as a redundancy situation but an internal resourcing issue - ie you have two different remits for the same firm but only one 'employment'. If so, they either need to make you redundant from both of your remits  OR you need to accept a role scope reduction (and assumedly a pay & hours cut) to just the one remaining area of work
 

TN_Law_help

I get a different pay rate from the different roles and the roles are very different from each other which is why they were not wrapped up in the same contract.
If the roles that is to be made "redundant" and I am still staying with the employer, do you think they would be in a position to just cut that role out without a redundancy?
Obviously it benefits me if that role is no longer viable and I get some sort of payout but if they can just cut that role out then it would benefit the employer

MoneyPit1977

Ok thanks - so do you get one single payment each week/month but that this is calculated by adding together two rates? or do you get two payslips and separate wages/salary?  The latter would likely be better in terms of it being clear there are two roles. 

Having thought about this and to go back to your original question, I suspect that if there ARE two employments here and one of those is affected by redundancy as you say, then they would only be liable to pay you from the relevant start date of that employment - as you state you have a contract to the effect that that role n started in 2015 so any termination of that employment should in my view, be based on that  .  

(but on the other hand they offer you a payment based on 2012...don't rush to correct them!)
 

TN_Law_help

Hi
Yes. I get one monthly payslip made up of the wages added together
That's really helpful. Thank you for help. I'll keep my mouth closed if they offer me more :-)

Thrugelmir

Your employer could offer you an alternative position in the organisation rather than make you redundant. In the process issuing a new contract removing the idiosyncrasy. That I'm sure they are aware of.