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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
How is redundancy pay calculated under the Employment Rights Act 1996? Will an employer be liable to an age discrimination claim if it makes enhanced redundancy payments? Where an employee on maternity leave who is receiving statutory maternity pay is being made redundant should her redundancy pay be calculated on her normal rate of pay or her maternity pay? If an employee who qualifies for additional paternity pay is dismissed as redundant should he be paid his full additional paternity pay entitlement? Is an employee who is accepted for voluntary redundancy entitled to a statutory redundancy payment? Should regular overtime be taken into account when calculating weekly earnings for redundancy pay purposes? Where an employer wishes to make a full-time position part time due to a reduction in work would this situation come under the definition of redundancy?
Yes, part-time employees are entitled to statutory redundancy payments in the same way that full-time employees are. Further, under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), it is unlawful for employers to treat part-time workers less favourably than comparable full-time workers. As such, part-time employees should also benefit from any contractual redundancy payments, calculated in the same way as those paid to full-time employees.
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