2 jobs 1 employer and redundancy

[vanessa11]

Hello,
I'm after some help on behalf of my friend. Already spoken to ACAS who haven't been able to clarify the legal position.
Basically - My friend has 2 part time jobs with the same employer. Two very different roles (1 in admin and 1 in student support) On her pay slip the jobs are separated and payments are listed separately.
She has been made redundant from her admin role and at the moment she is in the consultation process.
Yesterday she had her first consultation meeting where they told her, that if she wanted to have her full redundancy payment entitlement she would have to be made redundant from BOTH posts. Only the admin post is at risk though - not the student support post. They also said, if she wants to keep her Student Support role (which is not at risk of redundancy) then they would give her a 'compensatory payment' for her admin role - worth 2/3 of what her actual redundancy payment is worth.
We have spoken to ACAS who stated that this approach sounds 'improvished' but what we are really interested in is - is this legal? Can they actually enforce this? My feeling is that the employer is trying it on.
Any help greatly appreciated, Thank you!

[paulajayne]

Re: 2 jobs 1 employer and redundancy

Two jobs should have two contracts with each being a separate entity.

Not sure of the legal standing though - ACAS should has done better.

Experts will be along to give more advice,

[Kati]

Re: 2 jobs 1 employer and redundancy

tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION]??

[Amethyst]

Re: 2 jobs 1 employer and redundancy

Did she start both jobs at the same time ?

Her continuous service would only be calculated from the start date of the job she is being made redundant from - could that account for the difference in calculation?

[MENTION=26290]mariefab[/MENTION] [MENTION=51026]Ula[/MENTION] (oops crossed with Kati - at least we tagged the same people lol )

[vanessa11]

Re: 2 jobs 1 employer and redundancy

Did she start both jobs at the same time ?

Her continuous service would only be calculated from the start date of the job she is being made redundant from - could that account for the difference in calculation?

[MENTION=26290]mariefab[/MENTION] [MENTION=51026]Ula[/MENTION] (oops crossed with Kati - at least we tagged the same people lol )

Hi, thankyou for the replies so far. She started both jobs around the same time.
I question why they will only pay her a compensatory payment for the post they are making her redundant from.
My understanding is they are making her redundant from that post so redundancy payment for that role is due.....?

[mariefab]

Re: 2 jobs 1 employer and redundancy

I don't know of any caselaw on this, so I can't be certain how a Tribunal would view the matter.

That said, as a matter of law, people aren't made redundant jobs/roles are.
The consequence of a persons role being redundant may be that the person who held that role could be dismissed 'by reason of that redundancy'. This often happens when a person has 1 role and there are no suitable alternatives available.

Therefore, I don't see why your friend should be treated differently because 1 person has 2 roles rather than 2 people doing the 2 roles as part-timers.

All this ^ depends on what you mean by 'full redundancy payment'.
Because she could only be entitled to whatever payments (redundancy, notice, untaken accrued holiday etc.) were due to the 1 role that is being made redundant.