Hello there,

I have just been made redundant due to the closure of the UK subsidiary of an American company for which I have worked for nearly 5 years. I had a baby last summer and returned to work 2 months ago, after 7 months of maternity leave, on a part-time basis (I was working full-time before). My employer is offering to give me redundancy pay based on my part-time salary. I think it is not fair and my full-time salary should be used to calculate the redundancy payment based on the following: 1. Were I still on maternity leave, I would have been received redundancy payment based on my full-time salary; 2. I came back from my maternity leave before its full term in part because my presence was needed for the management of the UK operation; 3. I received no indication 2 months ago when I was discussing my return to work with my employer that they would decide to close the UK company 2 months later. Had I known this, I would have assessed my options differently and would not have come back to work part-time; 3. The redundancy payment should reflect the fact I worked full-time for more than 4 years for the company in a senior position. I understand that legally, redundancy pay is based on the actual salary at the time of the redundancy, so part-time in my case, but given the circumstances, would there be any legal ground for obtaining redundancy pay based on my full-time salary?

Thank you very much in advance for your opinion.