Average hours calculation for part-time worker redundancy entitlement

[Onum]

Hi, I was already laid-off before the COVID-19 drama and as I'd had no paid work for more than four weeks I requested the company made me redundant as is my right. Subsequently after a couple of weeks, they indicated they would make me redundant and I just received their figures.

I was part-time for 6 years my verbally agreed hours were 20/week which I did (with extra now and again). Until I was laid off I had been working my normal pattern for some time (much greater than 12 weeks) but the company have done a 12 week average (not sure which date range they actually used) and concluded I'd worked 17hrs/week.

The only way this could happen is if they have included a couple of weeks when I was laid off - The hours didn't reduce ad-hoc I was laid off abruptly.

So my question is for the purposes of calculating the 12 week average hours should the lay-off period be excluded or are they in the right to include it?

Thanks

[ULA]

If you worked a normal pattern of 20 hours per week then I am not sure why they are using an average to calculate your weekly wage.

My understanding is even if you been laid off and then made redundant, your redundancy pay will be based on your usual weekly pay when you did your normal hours.

I suggest that maybe it would be good to go back to your employer and ask them to how they have made the calculation.

[Onum]

Hi, thanks for responding. The guidelines on gov.co.uk stipulate a 12 week average for part-time workers so I guess they're just following that.

It doesn't indicate why to use an average but I assume it's to account for workers who normally work variable hours?

However it seems unreasonable to include lay-off time in the calculation (if that's what they've done) as this doesn't reflect normal working and in reductio ad absurdum the hours would trend to zero for an extended lay-off period prior to redundancy.

Anyway I just wanted to be sure of my thinking before challenging the companies figures.

Thanks

[ULA]

The use of the 12 week period is for those staff that work varied hours i.e. people who work 12 hours one week, 20 the next, 15 the week after etc. If you work 20 hours per week on a regular basis then they should use this to calculate your weekly rate of pay.