Parental leave and redundancy

bagpuss

Registered User
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Hi am taking 1 day a week parental leave. My employer agreed that I could take this for 6 months and then if my work did not suffer I could re-apply for a further 6 months if I wished.
I am now nearing the end of the 6 months and he has indicated that he will grant a further 6 months if I wish. My salary was reduced by 20% while on leave.
My issue is that I will most likely be made redundant during the summer.
The company make an ex-gratia payment with statutory.
Will they be able to base my payment on my reduced salary or will they have to base it on my full salary.
Obviously, if they base it on the reduced salary I won't apply for further leave.
 
Redundancy payment is based on your normal remuneration at the time the redundancy is communicated to you. If you are on your lower salary at that time, then your reduced salary will form the basis of your redundancy payment.
 
I don't think that is correct Ildanach. Parental leave is seen as reckonable for redundancy purposes as long as you have not gone over the statutory amount of 14 weeks (70 days), which would mean that the full wage for a 5 day week would be used to calculate the redundancy payment. At 1 day per week for 1 year, the OP should be well under the threshold. See the following link:
 
Parental leave is reckonable, but that is a different question.

The question here is what is the normal remuneration at the time of redundancy? But yeah, it might not be as straight forward as I first thought, best to give NERA a call on 1890 80 80 90 to be sure.
 
Thanks for the replies.
I am going to apply for the leave as if/when I am made redundant I am going to have to try and get another job working the 5 days so going to enjoy the day off now with my children.
If the ex-gratia is based on my reduced salary, I will argue that my stat. redundancy will not be reduced due to parental leave and that the ex-gratia payment should not be either.

Thanks again.
 
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