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?
The definition of "redundancy" is contained in s.139 of the Employment Rights Act 1996. A dismissal is deemed to be by reason of redundancy for the purposes of the legislation if the dismissal is wholly or mainly attributable to the fact that the requirements of the business for employees to carry out work of a particular kind (or work of a particular kind in the place where the employee was employed by the employer) have ceased or diminished or are expected to cease or diminish. Given that the legislation covers a diminution in certain work as well as a complete cessation of that type of work, it would include the scenario where an employer wishes to make a full-time position part time due to a reduction in work.
The employer must decide which employees should be in the redundancy pool, and carry out a fair selection procedure where there is more than one employee in the pool. As part of a full and fair redundancy consultation procedure, the employer would have to offer the employee the part-time role and consider them for any other alternative roles within the business.