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Continuous Service - Dinner Lady to HLTA

Sofia

| 0 Posts

10 Jul, 2018 13:55

Good Afternoon, 

I am in a position of making TA staff redundant due to the current financial position. 

One staff member in her previous role at a neighbouring school, same LA and now same MAT, was a dinner lady for a number of years. They then moved to their current school as a TA and has progressed to HLTA on a very good weekly salary. 

Due the current situation they are now being made redundant, am I to pay her continuous service date when during which they were a dinner lady at her HLTA rate? As you can imagine it makes a considerable difference in the pay? 

Many Thanks 

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  • Jacqueline

    | 0 Posts

    10 Jul, 2018 14:04

    Hi Sofia

    If she has continuous service throughout her various roles, then it doesn't matter what jobs she's done over the years, her redundancy should be paid based on her current pay and the number of years' service, either at the statutory level or any enhanced level that you offer.

    Hope that helps

    Jackie
  • Susan May

    | 0 Posts

    10 Jul, 2018 14:09

    Hi Sofia
    Yes, if she had no gap in employment then her continuous service (and therefore redundancy pay) also includes her time as a dinner lady. If there had of been a gap in employment then this will (or at least should) have been noted in any new contract of employment when she re-joined.
    No different than someone starting with a company as trainee/apprentice and then rising through the ranks to Chairman.
    Continuous employment is from the date first employed no matter what the difference is between the role that she started in and what she now undertakes and, of course, any redundancy pay calculated at current rate of pay.
    Regards
    Sue
  • Peter Stanway

    | 0 Posts

    10 Jul, 2018 14:14

    Works both way so someone doing less hours or a lesser job at retirement is not recognised for their history and is the right legal and moral approach
  • Sofia

    | 0 Posts

    10 Jul, 2018 14:25

    In reply to Peter Stanway:

    Thank you for your comment Peter, that makes a lot of sense.
  • Sofia

    | 0 Posts

    10 Jul, 2018 14:25

    In reply to Susan May:

    Thank you for your reply Sue, much appreciated.
  • Sofia

    | 0 Posts

    10 Jul, 2018 14:27

    In reply to Jacqueline:

    Thank you Jackie. I had to ask the question as she had been a DL for a lot longer than a HLTA so will cost the school significantly.
  • Ray

    | 0 Posts

    10 Jul, 2018 14:37

    In reply to Sofia :

    That's exactlly the point Sofia. Conceptually, think of redundancy as a simplified and legally defined payment of damages for taking someone's job away, based on the earnings of the job that is being deleted.
  • Peter Stanway

    | 0 Posts

    10 Jul, 2018 15:03

    In reply to Sofia :

    PS
    Welcome to the Communities