# Redundancy,3 day week,



## candygirl (13 Jul 2009)

Hi,im on a 3 day week since February and I was wondering how long can a 3 day week continue?Im particularly interested in the redundancy aspect if it ever arises.I read in the department of trade and employments literature on redundancy that  i am in effect "temporarily" accepting my reduced hours as "normal" hours.If i am made redundant before a 52 week period from the date I was put on reduced hours my lump sums gross would be based on a full week.However if I was made redundant after the 52 week period and I accepted the reduced hours as normal my lump sum would be based on my reduced hours.It starts to get a bit gray for me after this however.Basically my main query is how long can he have me on a 3 day week?Does he have to put me back on full time after the 52 weeks,or failing that,make me redundant,..I have 8 years service so if I am ever made redundant i want the lump sum gross based on full hours not reduced hours as il lose out a fair few quid..thanks...


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## Bill Struth (14 Jul 2009)

Once you go past 52 weeks on reduced hours you should send the employer a letter every couple of months asking to be put back to your full time hours. This in effect is evidence that you haven't accepted the reduced hours, and therefore any redundancy payment would then have to be based on the 5 day week.


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## candygirl (14 Jul 2009)

Are you sure because ive talked to some people and they said I have to go to the boss and tell him im not happy with a 3 day week continuing(during the 52 week period).He can keep me on that until the 52 weeks is up.Then just before the 52 week period is up he has to either put me back on a full week or make me redundant,thus not affecting my redundancy.If it was the way you are saying sure he could have me on a 3 day week for the next 20 years!!!Basically i am happy to be on a 3 day week as if i go back on full time i am getting less money than i was before on a full week because the company have given percentage drops in wages to everyone,anyway i just want to stay on a 3 day week but i do not want my redundancy money affected for all the 8 years i have worked full time,is there any way around that?


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## Bill Struth (14 Jul 2009)

candygirl said:


> Are you sure because ive talked to some people and they said I have to go to the boss and tell him im not happy with a 3 day week continuing(during the 52 week period).He can keep me on that until the 52 weeks is up.Then just before the 52 week period is up he has to either put me back on a full week or make me redundant,thus not affecting my redundancy.If it was the way you are saying sure he could have me on a 3 day week for the next 20 years!!!Basically i am happy to be on a 3 day week as if i go back on full time i am getting less money than i was before on a full week because the company have given percentage drops in wages to everyone,anyway i just want to stay on a 3 day week but i do not want my redundancy money affected for all the 8 years i have worked full time,is there any way around that?


Yes, Reduced hours can continue indefinitely. Only when your hours drop below 50% of your normal working hours can a redundancy situation arise. 

From NERA:



> *(3) Treatment of employees on [FONT=Arial,Arial]reduced working hours [/FONT]*
> [FONT=Arial,Arial]When a person is put on [/FONT]*reduced working hours *[FONT=Arial,Arial]by their employer e.g. a three day week or a 4 day week, (as opposed to a 2 day week as per ([/FONT]1[FONT=Arial,Arial]) above – short-time) the redundancy entitlement is calculated on the basis of a full week, provided the employee was put on reduced hours [/FONT]*within one year (52 weeks) [FONT=Arial,Arial]before [/FONT]being made redundant. *[FONT=Arial,Arial]If they were made redundant [/FONT]*[FONT=Arial,Arial]after the first year [/FONT]*[FONT=Arial,Arial]of reduced working hours and if it is clear that the employee [/FONT]*fully accepted *[FONT=Arial,Arial]the reduced working [/FONT][FONT=Arial,Arial]hours as being his/her normal working week, never requesting [/FONT][FONT=Arial,Arial]a return to a full time week, then the employee is deemed to have accepted the reduced hours as his normal week. In this situation the gross pay for redundancy purposes [/FONT]*is based on the reduced working hours. *
> 
> 
> [FONT=Arial,Arial]On the other hand, if the employee never accepted the reduced working hours as his "normal" hours and was constantly seeking to be put back on full time working, he could then be deemed not to have accepted his reduced hours as normal. In these circumstances his redundancy entitlement should be calculated at his full-time rate of pay. [/FONT]


 
[broken link removed]


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## candygirl (14 Jul 2009)

Whats stopping him from saying he never got the letters?Would i have to ask him to say yes i am not accepting the 3 day week but he is still keeping me on a 3 day week in writing?I presume so....Also what would be the situation with the social?Wont the amount im getting now which is 81 euro for 2 days go down after a certain period?thanks


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## Bill Struth (15 Jul 2009)

candygirl said:


> Whats stopping him from saying he never got the letters?Would i have to ask him to say yes i am not accepting the 3 day week but he is still keeping me on a 3 day week in writing?I presume so....Also what would be the situation with the social?Wont the amount im getting now which is 81 euro for 2 days go down after a certain period?thanks


 I don't know about social welfare, but if you have proof that you posted the letters then that would be sufficient for the employment appeals tribunal.


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## Black Sheep (15 Jul 2009)

I would be writing to the employer *immediately* (not waiting for the 52 weeks) stating thet you understand that the 3 day week is necessary at the moment but a soon as more work comes on stream you would wish to return to a 5 day week. Repeat this letter every couple of months.

Otherwise you will get the reduced rate of redundancy if that is on the cards.

You cannot have it both ways. If you are happy to remain on a 3 day week then your redundancy (if it happens) will be based on that


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## candygirl (15 Sep 2009)

Well actually when you think about it it is not fair that your redundancy is based on your 3 day week when you actually worked years on a full week before you were on a 3 day week,even if you are happy on a 3 day week;You should get what you worked,ie the years you worked full time get redundancy based on that,and from the date you were put on a 3 day week get redundancy based on that added on,surely this is fairer.


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## ice (16 Sep 2009)

Sorry to hi-jack this thread but does the same thing apply for reduced pay?
I can't find anything definite on the citizens info site.

I am on reduced pay (15%) since May. Would redundancy be calculated on my current or previous pay?
Am with the company 2 years and 2 weeks


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## candygirl (16 Sep 2009)

I wouldnt be an expert but I wouldnt say so,id say they would just calculate your redundancy on the pay scale you actually had,and from the time your pay was reduced that will be added to it etc,pity they dont do that in regard to 3 day weeks...btw your not there that long!!


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