Redundancy pay when returning to work part time after maternity leave
Submitted by Becca on March 4, 2012 - 23:46
Whilst facing a redundancy situation recently, I was stunned to discover that when a woman returns to work part time after maternity leave, after years of full-time service, redundancy pay is only calculated on her part time salary (disregarding the years of full time service she has put in).
This is blatantly discriminatory. Is there anyone campaigning around this issue, and for a change in the law? I did a search and found a few people complaining about being in the same situation, but no one campaigning or challenging it.
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Part time penalty and redundancy
It was challenged a long time ago unsuccessfully in a case called Barry v Midland Bank where the House of Lords held it was not discrimination for an employer to calculate redundancy pay on the basis of the employee's salary at the time of the redundancy where the employee had recently transferred from full time to part time. However, this case was in 1999 and brought under the Equal Pay Act. It's difficult to challenge the highest court except through the Court of Justice of the European Union. But, perhaps it is time for another challenge under the Equality Act and the Part-time Workers Regulations (not in force in 1999) particularly where a woman is only intending to work part-time for a limited period. So, let's start a campaign and find out how many women are affected - lots I think. Anyone interested in this blog here... Camilla Palmer
It was challenged a long time ago unsuccessfully in a case called Barry v Midland Bank where the House of Lords held it was not discrimination for an employer to calculate redundancy pay on the basis of the employee's salary at the time of the redundancy where the employee had recently transferred from full time to part time. However, this case was in 1999 and brought under the Equal Pay Act. It's difficult to challenge the highest court except through the Court of Justice of the European Union. But, perhaps it is time for another challenge under the Equality Act and the Part-time Workers Regulations (not in force in 1999) particularly where a woman is only intending to work part-time for a limited period. So, let's start a campaign and find out how many women are affected - lots I think. Anyone interested in this blog here... Camilla Palmer
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