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Legal matters

Redundancy - should it be pro-rata'd?

13 replies

Jezzyni · 18/09/2012 20:22

Hi I'm about to volunteer for redundancy, however, my package has been offered at my current salary - on a part time basis.

I've worked part time for 2 1/2 years but 16 1/2 full time.

It seems very unfair for my package to be against such a low salary

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kirrinIsland · 18/09/2012 20:36

It seemed unfair to me too but that's what happened to us. It might be worth negotiating with them?

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Jezzyni · 18/09/2012 20:41

Yes I've read that you can basically say its unfair treatment as had to go part time as a mum, but problem is there is over 700 people being made redundant so don't think they'd want to negotiate under these circumstances

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titchy · 18/09/2012 20:41

It's compensation for loss of CURRENT salary, not loss of your old salary.

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An0therName · 18/09/2012 20:43

that's what happen to me as well - full time years were not taken into account - it would be fairer if they did it like pensions where is on full time salery but part time years are pro rata'd so if you work 0.5 you only get 0.5 worth of pension bu

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Losingitall · 18/09/2012 20:46

Based on an average of 13 weeks previous earnings IIRC. Tough but that's the way it is.

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YoullLaughAboutItOneDay · 18/09/2012 20:46

Nope. It is perfectly normal. As others have said, it is compensation for your loss of current salary. Yes, they allow for your years of service, but it is basically covering your salary to allow you time to find a new job.

If you sue for unfair dismissal, the whole basis of compensation is your lost earnings during any period out of work.

Sorry.

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Jezzyni · 18/09/2012 21:05

Yes that's what I thought :0(

4 years of full time was under 21 so only got 0.5 weeks for every year, so less for my age and 19 years is based on a part time wage, just annoying.

Basically people with less service will prob be better off than me. I understand though it's to do with loss of earnings though

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nikkimac · 19/09/2012 13:28

Im all new to this but seeking advice as I feel I'm being treated unfairly! I a nanny and have continuously worked for the same family for 5 years! I got told on Monday that My boss(the father) has been made redundant and due to lack of money now they no longer need any child care and have given me 4 weeks notice! Im 26, I have a 2 1/2year old and I'm 7MONTHS PREGNANT! Is there anyone out there who could give any advice as to weather or not I'm entitled to anything!
As much as I've been very lucky to have brought my son to work with me since he was 4months old I have been very loyal to the family and I feel completely screwed over by them!!!!! Any help or advice would be greatly appriciated!!!
Many thanks

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YoullLaughAboutItOneDay · 19/09/2012 17:21

You need to start your own thread really Nikki. You'll get more answers. Sorry you are in such a tough situation.

But in summary, if the boss doesn't have a job and therefore they don't need child care, it may well be a genuine redundancy. If you have been working there for five years you will be entitled to some redundancy pay - direct.gov.uk always used to have a good calculator. Or google statutory redundancy calculator. Your notice will be five weeks if you have five full years of service (even if your contract says four weeks).

If you are less than 15 weeks before your due date when you end employment (which it sounds like you should be) then you will be entitled to your statutory maternity pay even if your employment ends. They claim it upfront from teh government and then pay it out to you each week or month (monthly if you were paid monthly) as normal. If they have a payroll agency, they will sort this for them.


HTH

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Vix07 · 19/09/2012 17:30

Sorry to continue the thread hijack Nikki but you feel completely screwed over by your boss who has himself BEEN MADE REDUNDANT?? Are you for real? Any empathy for a family you say you have worked for for so long or is it really all about you?

Jezzyni larger companies are usually so happy to have volunteers for redundancy that they are often willing to negotiate, good luck!

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Jezzyni · 19/09/2012 20:20

It is very unfortunate Nikki but at least u can qualify for maternity pay.

Box, I would challenge it only I don't think it would be a positive outcome, they have a workforce of around 2600 people, so don't think they'll open up the floodgates

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trixymalixy · 23/09/2012 08:54

She has been screwed over if she hasn't been paid redundancy pay as is her legal right and given the correct amount of notice!!! I would contact the CAB for some advice. Do you have legal cover on your home insurance?

OP, unfortunately redundancy pay is compensation for loss of current earnings, sorry. It happened to me too Sad.

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trixymalixy · 23/09/2012 09:00

And why don't you follow your own advice and have a bit of empathy for someone who's just been made redundant. The family have clearly given no thought to her and she has worked for them for 5 years!

By the way once you have worked for them for over 2 years you are a permanent employee and therefore entitled to redundancy pay.

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