Redundancy advice please

[Sunnyalternative]

Any advice gratefully received. I had a bit of a thunderbolt yesterday. I have been working in a professional part time role in a small business for the last twelve years. I was told that my company wants to reduce my hours by 50%, giving me two weeks notice of the change. If I don't accept the new terms, they said they will have to resort to terminating my employment with three months notice as per my employment contract. No performance issues ever. I am just wondering if I am also entitled to statutory redundancy if I refuse the new terms.

I don't know but when I was made redundant, (20 years ago) I couldn't claim 'Unemployment Benefit' - as it was then - until my 'paid notice had expired' and that was three months later...

I would think so, ask them on Monday what exactly would you be entitled to if you were to leave, so you really know your options.

I was made redundant in January and I was paid the rest of my notice period as income in February so it just meant my universal credit was reduced by the amount I got paid for my notice period .
So you can claim but you might not receive any money for that period if the amount you receive is outside of their limits .

Unless they are proposing dismissal with the offer of reengagement on the new terms? If that’s the case then there is no redundancy.

Is the reduction of hours due to reduction of workload? If so it could be redundancy I would suggest a call to ACAS

No dismissal just a halving of contracted hours. If this is not redundancy then is it grounds for constructive dismissal?

Yes, you would likely be entitled to redundancy pay in the circumstances you describe.

The statutory definition is a reduced need for employees to do work of a particular kind. They want to halve your role. So yes, you probably are entitled to redundancy pay if you reject the alternative (as objectively speaking it is not suitable).

There is also a quirk in law where you can claim unfair (rather than constructive) dismissal in that situation, but it’s a technical legal point.

If they impose the change on you without consent, that could also be a CD scenario though.

Your pay will be worth six months or thereabouts between notice and redundancy pay, so it’s no wonder they’re trying to wriggle out of it!

im an employment solicitor. This would be redundancy.

Thank you very much for the replies.

The definition of redundancy is a reduction of work of that type at that site, so yes if you refuse the voluntary reduction in hours you would be entitled to statutory redundancy terms. You might have to resign and claim constructive dismissal by way of redundancy if they won’t make you redundant. You are likely to be waiting a year for your tribunal claim to be heard.

What a shock! Would you want to stay there on reduced hours and find something else in addition? If you are already part time, how many hours would halving that be?
If you have a union, contact them. If not, ACAS has some advice on their website.

IF they do make your role redundant, don't forget any accrued leave that needs to be taken or paid out. Remember, the ROLE became redundant and not YOU. I had to say this to myself over and over when I was in a similar situation. In the end, it was the best thing and my current job is 100x better.