Redundancy calculation for different roles

[TN_law_help]

Hi

I have an employee who worked in different department/roles in the business and because of the very different roles, they received a separate contract for that role. One of their roles is being made redundant.

They started with the company in 2012. The role they are being made redundant from commenced in 2015.

Should my calculation for their statutory redundancy pay be from when that roles started i.e. 2015, or from when they started with the company?

Thanks

 

[Mr D]

Is it the role you are making them redundant from and keeping them in the company or is it the company that they are being made redundant from?

 

[TN_law_help]

It's the role that they are being made redundant from. They are being kept in the company in their other role.

They started with the company in department A in 2012 and department B in 2015.

They are being made redundant from department B but stay on in the company in department A

Thanks

 

[Financial-Modeller]

You've answered your own question!

The contract with Dept A will continue as the role is not redundant.

 

[TN_law_help]

Thanks

I'm trying to figure out how to calculate the statutory redundancy for department B. Do use the contract start date of when they started on department B only or should I use when they start in department B

 

[Rebecca_J_T]

If these are genuinely separate contracts (for example, one could genuinely exist without the other), then you'll want to work now on the basis that they're separate contracts. That means you'll calculate redundancy for the role in Department B on the basis of the start date of the contract for the role in Department B.

If you're not confident that the contracts are genuinely separate, I'd look for some legal advice.

Hope this helps.