Redundancy Rules

Al_Ross

A friend aged 63 is about to be made redundant. She has worked for the same company doing the same job for 2 years. When she started employment there, she was on a six months contract, they then gave her another 6 months contract then made her role permanent. She has had no breaks between contracts or being made permanent. She works 3 days a week there. She is now working a months’ notice then she’s finished there.

 With what I said would she be due any redundancy payment? I think 3 weeks wages. No redundancy payment has been mentioned or discussed with her bosses.

 

Brie

Unfortunately the time when someone is on contract doesn't count, just when they are a permanent employee.  So from that point of view she's only worked for them for 1 year, not 2.  

That said - I suggest she ask.  They might be generous if they are able.

Al_Ross

Companies know what they are doing with these 6 months contracts !

Al_Ross

Brie said:

Unfortunately the time when someone is on contract doesn't count, just when they are a permanent employee.  So from that point of view she's only worked for them for 1 year, not 2.  

That said - I suggest she ask.  They might be generous if they are able.

I'm not saying you wrong but google disagrees with what you said.

https://www.google.co.uk/search?q=do++two+6+months+contracts++and+then+1+years+permanent+position+count+towards+redundancy+pay&sca_esv=5e42f7fa02a5a005&ei=AMS0Z5voMNaAhbIP2P_B8QQ&ved=0ahUKEwib6JSe4M2LAxVWQEEAHdh_ME4Q4dUDCBA&oq=do++two+6+months+contracts++and+then+1+years+permanent+position+count+towards+redundancy+pay&gs_lp=Egxnd3Mtd2l6LXNlcnAiXGRvICB0d28gNiBtb250aHMgY29udHJhY3RzICBhbmQgdGhlbiAxIHllYXJzIHBlcm1hbmVudCBwb3NpdGlvbiBjb3VudCB0b3dhcmRzIHJlZHVuZGFuY3kgcGF5SMtoUJEOWPxAcAF4AZABAJgBfqABzQaqAQM5LjG4AQzIAQD4AQGYAgGgAh3CAgoQABiwAxjWBBhHmAMAiAYBkAYIkgcBMaAHxhA&sclient=gws-wiz-serp

Brie

Al_Ross said:

Brie said:

Unfortunately the time when someone is on contract doesn't count, just when they are a permanent employee.  So from that point of view she's only worked for them for 1 year, not 2.  

That said - I suggest she ask.  They might be generous if they are able.

I'm not saying you wrong but google disagrees with what you said.

https://www.google.co.uk/search?q=do++two+6+months+contracts++and+then+1+years+permanent+position+count+towards+redundancy+pay&sca_esv=5e42f7fa02a5a005&ei=AMS0Z5voMNaAhbIP2P_B8QQ&ved=0ahUKEwib6JSe4M2LAxVWQEEAHdh_ME4Q4dUDCBA&oq=do++two+6+months+contracts++and+then+1+years+permanent+position+count+towards+redundancy+pay&gs_lp=Egxnd3Mtd2l6LXNlcnAiXGRvICB0d28gNiBtb250aHMgY29udHJhY3RzICBhbmQgdGhlbiAxIHllYXJzIHBlcm1hbmVudCBwb3NpdGlvbiBjb3VudCB0b3dhcmRzIHJlZHVuZGFuY3kgcGF5SMtoUJEOWPxAcAF4AZABAJgBfqABzQaqAQM5LjG4AQzIAQD4AQGYAgGgAh3CAgoQABiwAxjWBBhHmAMAiAYBkAYIkgcBMaAHxhA&sclient=gws-wiz-serp

It will depend on whether there was any kind of break between the contracts.   So 6 months contract, take a week off (even if it is agreed holiday but unpaid), start another contract then that's a break.  

But as I said - best to ask the employer and maybe go in confidently stating what they believe is the truth.  "I worked for you 2 years continuously and therefore are entitled to redundancy!"  It might work.  If they say no then they should be asked to defend that decision. 

Personally I was lucky with one employer who announced significant redundancies 3 months after I started with them.  There's no way they could not have known what was about to happen when they made me a job offer.  The result was that I was offered redundancy and some perks to go along with that along with the rest of the staff.  

Al_Ross

As in my post, no breaks taken. only paid accrued holidays.

Unfortunately as they work for a charity she do not wish to ask them about this.

elsien

Charities are also businesses. Who have the same legal obligations with respect to employees as every other business.
I’ve worked in the charity sector all my life, including being made redundant from one. They don’t get a free pass for not paying people their correct entitlement. 

However, if she’s not willing to ask the question, it’s her loss at the end of the day. 

powerspowers

elsien said:

Charities are also businesses. Who have the same legal obligations with respect to employees as every other business.
I’ve worked in the charity sector all my life, including being made redundant from one. They don’t get a free pass for not paying people what their correct entitlement. 

However, if she’s not willing to ask the question, it’s her loss at the end of the day. 

Ditto. I was made redundant by a well known charity at just under 2 years service with no attempt at redeployment, they were advertising weeks later. 

lincroft1710

On her expected last day of service will she have worked there for more than 2 years? Because if so and there were no breaks longer than a week between contracts she should be entitled to redundancy money

Al_Ross

She says she was given 4 weeks notice which would have been more than she was entitled too. She is working her notice. No redundancy payment mentioned though.

She will have worked well in excess of the 2 years with the 4 weeks notice she will have worked.