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redundancy question


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can someone point me in the right direction as i think this is discrimination or at least unfair.

 

my gf works for the Nhs and she has two separate part-time contracts.

 

her department announced redundancies so she volunteered.

 

she was given redundancy on one part-time contract but not on the other so she still has one part-time job.

 

they are now saying that for future redundancy calculations on the job she still has, she will not be entitled to any redundancy enhancement for length of service.

 

surely these two contracts are separate and if she is made redundant on one then the other should be unaffected?

 

any ideas of which laws to look at?

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Hi,

this is, as you suspected totally incorrect.

I don't have to hand the relevent laws but this should not be necessary at this time anyway.

Has she got anything in writing saying this or is it all verbal?

If she has a letter then she needs to respond in writing saying she disagrees with their view and she has taken advice to the effect that redundancy payments are based upon length of service in a particular job or contract.(every full year qualifies) I suspect that a very junior person in HR or elsewhere has misinterpretted the relevent act.(Or they don't want to see someone getting redundancy apyments and continuing to work) This would be fairly easy to challenge through the trusts internal grievance procedures or ultimatly through an ET.

 

Is your partner in a Trade Union?

They would be able to help or advise her and in the NHS you have up to 14 to choose from!

 

Regards,

 

Paul.

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thanks for the reply

 

there is another complication in this situation though which i'll try to explain as quickly and clearly as possible

 

she is employed part time as manager and part time as operative

 

she has seven years service at an operative level but only three at a manager level

 

she has been given redundancy on manager part time job using seven years service to calculate payment

 

she has been turned down on operative redundancy and told that service would not count towards future redundancy calculations as it's already counted once

 

my arguement is that she was employed full time as operative then promoted on half of it to manager three years ago. therefore service of seven years runs on both part time contracts. there are loads of other problems with the issues raised which will undoubtedly cause problems in the future so she just wants to get paid off in full and leave.

 

i've looked at 'Continuous employment and a week's pay: rules for calculation' document on DTI website but can't get anything specific to this situation. any ideas where else i could look

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if anyone is interest then the following cases solve the problem

 

in relation to redundancy on two contracts is taken from the ruling in Surrey County Council v Lewis which has been quoted by local government in similar cases over the last few years. This case was effectively overruled by R v Sec'y of State for Employment ex p EOC and Day 1994 and so any change in future redundancy entitlement could be argued at an employment tribunal.

Also a requirement that part-time employees must fulfil more onerous conditions than full-timers to qualify for rights under the redundancy and unfair dismissal legislation can be unlawful sex discrimination contrary to article 119 of the Treaty of Rome and EC/EU Council Directives 75/117/EEC (on equal pay) (in the case of redundancy pay rights) and 76/207/EEC (on equal treatment) (in the case of unfair dismissal rights).

amazing what you can find on t'internet!!!!

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