Being made redundant whilst pregnant(15 Posts)
I've posted before on my work issues, they basically want to change my contract in a detrimental way (I work three days, they want the position to be full time and at the same time they want it to be at around a 35% less salary). I can't accept either of these conditions as financially it leaves it a struggle, and I also have been very clear that I can't consider full time due to childcare commitments.
I am pregnant, and when this happens I will be I'm the qualifying period for smp. However I am wondering whether I will still be entitled to the full amount of holiday pay as I was planning on using the full allowance before I go off as my mat leave is due to span
I'm no expert but I think you will be entitled to whatever holiday pay you have accrued in the time you have worked before being made redundant.
This does sound a bit dodgy, are you in a union or would it be worth a free half hour with a lawyer?
Sorry you are going through this.
Oops posted too soon!
My mat leave will span two calendar years. This obviously has some financial implication if I can't receive this. I'm going to get further legal advice anyway as situation is complicated (TUPE is involved, I'm the only redundancy but also been there less than 12 months). So drained by all this and my health is not great (pgp, insomnia, fatigue and on top of it all I've found a lump in my breast). Lost all my fight, I just need to know how I can make this all ok financially
Could anyone let me know what the process of redundancy/dismissal should be? I.e is there a particular timeframe? I've had nothing on writing as yet, I was going to ask the boss for a summary of the meeting we had today in the morning so I can be clear on what's happening. Is this a good idea?
Sorry I can't help but bumping for you anyway.
You will definitely only accrue holiday pay up to the date of your redundancy, I'm not sure on specifics re timescales for redundancy though. Will you be made redundant (if it all goes through) prior to your mat leave starting, or once it has already begun?
I was made redundant when I was on mat leave. I was paid my mat pay as usual for the entire period of the leave, and I got my holiday pay that I had accrued up until the point of redundancy. Fortunately for me I was offered another position (which I later turned down to move abroad, but that's another matter). The company, by law, has to offer you any positions that come up that you could reasonably do. I had to do a lot of googling and research before writing to HR and stating my rights.
here is a link for you http://www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/redundancy.pdf
I think it's unlikely I will have started my mat leave by the time the redundancy is suggested (they firmly have my years employment date in mind, which is end of feb. was planning on going off mid march by using pto first then mat leave kicking in v close to due date end of April).
I could bring it forward but that's still not great financially. I know that it affords me less protection during pregnancy but tbh there isn't another role I could go to in the company anyway. I'm the only one affected, my role is part time and they want it to be full time and for around the same amount I'm getting now for three days. So they are not actually losing a person just gaining an extra two free data of work iyswim. Not sure that it technically is a redundancy situation as all my current tasks will still be completed by this person, although they are saying my role is different to the one I was hired for (in another company that was taken over shortly after I started). I've been performing the same duties from the start though, and there reasons for saying its a different role is that the job title in my contract doesn't directly relate to the actual role I do (I was never actually given a job description). I think that is spurious but I suppose this is where legal advice is necessary as there are many different factors that complicate things.
As long as you are employed there during your qualifying weeks then they still have to pay your mat pay, so it's not necessarily worth starting your leave earlier (although if you did then you are still on their payroll, so there would be no doubt to them that they have to pay you - just in case they tried anything dodgy) and you will still get your full 9 months paid SMP. If you are made redundant before your qualifying period, you should be eligible for maternity allowance instead (same pay but without the 6 weeks at 90%).
Do you think they are doing this because you are pregnant, or because they think the job would be better as a full time role?
I've only become aware of this since announcing my pregnancy, but I think it is more to do with being unhappy about the part time position. They are looking into job share (I can't see why it wouldn't work but I am doubtful this will be agreed) so in this scenario it's more the pay cut that is the issue - as it's about 40% and takes away the financial viability of me working.
Another question if any employment experts turn up! If they impose a unilateral contract change, or intend to dismiss and rehire me, I know I am currently not in a position to claim unfair/constructive dismissal because of my length of service. If I accepted the changes under protest, would I be able make a claim once the 12 month mark had passed (even though the change happened prior to that point)?
yes you only get holiday accrued up to the date of termination
Timescale for a redundancy, for a single redundancy, fairly uncomplicated, it can be done pretty quickly. They have to 'consult' but that effectively means 'this is what we're proposing, go away and think about it, you can have a consultation meeting, then we'll let you know the outcome'. And that can all be done within a couple of weeks, as long as they tick the right boxes, allow you to be represented, give you the required information etc.
In answer to your recent question, no you can't claim unfair constructive dismissal because of a contract change that happened a while ago by registering your protest, and just waiting for your time to elapse.
Thanks flowery. How about if we are talking a few weeks which it would likely be? i know there is 3 month time limit with standard unfair dismissal cases. I know it's probably futile but I'm trying to get all bases covered!
Oh and it's probably worth noting that it doesn't appear (to my untrained eye) to actually be a genuine redundancy case, so I'm not sure that route will materialise anyway. It more seems they want someone to do my job, but more cheaply. It's not even my department, who are gutted, but the wider company who have very little knowledge/visibility of my daily working life.
I'm not sure how its going to go. 'Accept the changes or you're dismissed' is most likely a far as I can tell.
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