Need advice

[PinkButterfly855]

34 yr old sister had worked at her job (Kids activity club) for 12 years. It is of a morning and 18 hours a week. It's always done ok until this past year. She often gets morning's when no kids come in. Her bosses are all aware but although she has spoken with them, they have done nothing about it. The only thing they have done is move her to another activity group in the same workplace on a Monday morning. She says she feels extremely depressed just sitting there some morning's with nothing to do and no support to make things busier but doesn't want to quit as she won't get redundancy pay. She is looking for something new but hard to fit it around another job she has. I want to ask-

1. Can they cut her hours down to just one morning a week?
2. How much notice do they have to give if she is made redundant?
3. How much redundancy pay would she be entitled to?

To me it seems strange, they are keeping her on but doing little to sell what she does (There is another department that should be selling it for her ). Perspectives and opinions would be much appreciated

I'm not surprised she's a a bit depressed, weirdly enough it's quite common for jobs to exist where there is very little work to do some or all of the time, but it's very demoralising sitting around twiddling your thumbs and of course does raise the constant spectre of redundancy. I guess employers just find it easier/kinder to keep people on even where there's no work rather than going through all the hassle and upset of making them redundant. Plus I guess there is always optimism that things will pick up...

My advice to her would be to not sit around waiting for the redundancy but to use her spare time to get out into the job market. Most people do change jobs at least occasionally without being made redundant, so not sure why she feels she needs to wait? She has the luxury of time so she doesn't need to leap at the first thing that offers, she can really think about what job she'd like, what employers offer a good deal and fit with her values and preferences etc. She should look at adverts and job descriptions for jobs she'd really like and think if there's things she can be doing to make her CV 'match', training, experience etc. Her employer sounds very passive but if she approaches them with specific requests to go on certain training courses or shadow certain people or whatever they may agree or even be supportive, it certainly can't hurt to ask. A slightly more risky strategy could be to ask them if they'll allow her to take voluntary redundancy which can be a good compromise, she gets some money (may not as much as if it was a compulsory redundancy), they don't have to go through a contentious and difficult redundancy process, and also make a saving on her salary, it can be a win win. But of course if they say no she will have made it clear she really wants to leave which may make things awkward in future!

In answer to your specific question(s):

1. Potentially yes they can, but it is complex and will depend on what it says in her contract of employment about hours and changes to them, and how strong a business justification the employer has (sounds quite strong if there's literally no work for her most mornings). She would probably need to take legal advice if her employer does instigate this, she might be well advised to join a trade union now (before any dispute starts) as they would support and advise her - it doesn't have to be one officially recognised by the employer.

1. It will be the greater of what it says in her contract about notice of termination, and 12 weeks (statutory notice period). Plus they will need to allow adequate time for reasonable consultation, no legal minimum here but this would usually add a few weeks onto the timetable at least.

1. Unless her contract provides for more generous redundancy pay, it would be statutory redundancy pay which is 12 weeks salary (tax free up to £30k).

Thank you for this.
She is looking for other work but is scared she won't find something in time.

It is concerning that they may be able to reduce her hours to just one morning. So you would suggest legal action if they tried this?
Her company like to cut corners so am concerned for her. Her confidence has really been knocked and I can't believe how her employers are allowing this to happen.

I didn't mean I would necessarily leap straight to legal action on the reduction in hours, just that someone legally qualified, or at least an experienced TU representative, would be best placed to assess all the facts and circumstances if this does happen and advise on the best course of action. Reduction in hours is not a straight forward one where someone random on the internet can simply say 'yes it's legal' or 'no it isn't' so she'd do well to invest in some proper professional advice, that's all.

To be fair to her employers, it sounds a difficult one. There's been a downturn in business clearly but do they know why and if it's permanent. They may not want to leap straight to moving your sister to another role or to redundancy if there's a chance of an imminent upturn, but equally they can't be expected to employ her to do very little forever. The best she can do probably is try not to take it personally, not waste too much energy worrying (I appreciate it is a worrying situation) and try and focus on what she can take out of it positively, whether that's a new job or some redundancy money or something else...

I think she is frustrated as its their job to sell her business but they are not doing so (Despite her talking to them about it.). The reason why its doing so badly is because nobody knows it is there. When you walk into her place of work, you wouldn't know it existed which is terrible. I know she has taken it on herself to do some leaflet drops which is not her area of work but its something for her to do.
She is most concerned about getting in trouble for not doing anything but its not like she hasn't made them aware of whats going on so there isn't much more she can do. Seems she is taking the flack for other people's laziness.
In the job she does on a Monday, the kids and parents all think she is fantastic so that has helped boost her a bit but not a nice situation for her to be in. I will advise her on what you have said, thank you.