Redundancy pay

[nigrob]

Hi , i have been given a redundancy calculation from my employer based on my full time earnings. I am currently on a rehabilitation to work programme after an illness that lasted almost two years.

I only work 20 hours at the moment and wondered if the redundancy payment would still be based on my full time earnings or would it be lowered based on my current working hours.

My employer has not indicated that it would be lowered if i take it but after looking on the web i am unsure on the situation .

If it was lowered could this be dscriminatory as i am unable to work full time hours due to disability which my employer is aware of.

 

Thanks

[becky2585]

Hi there

 

Redundancy payments are based on salary rather than hours worked, and no, they aren't discriminatory.

 

Try this ready reckoner for your entitlement:

L

http://www.direct.gov.uk/redundancy.dsb

 

Your earnings are based on a reference period of what was earned over the last 13 or 17 weeks, sorry I can't remember which off hand!!

[nigrob]

so because of my disability i lose out again.....sounds discriminatory to me , should have been back on full time earnings weeks ago but due to the OH being fussy and the poor handling of my rehabilitation / phased return to work i am not back to full time earnings.

 

"Your earnings are based on a reference period of what was earned over the last 13 or 17 weeks, sorry I can't remember which off hand!!"

The above statement does not work out to my normal salary so it does seem discriminatory to me..

 

Nic

[becky2585]

Discriminatory on what grounds? If you want to try and bring a disability discrimination claim it would have to be on the grounds of you not agreeing with the implementation of the OH report or a phased return, although it sounds like your employer is trying to assist you, not discriminate against you.

 

Redundancy payments, as before, are not discriminatory.