A couple of maternity leave questions

[1dilemma]

2 collegues
first just accepted voluntary redundancy then found out she was pregnant!

Therefore no longer eligable for 'full' maternity leave rights

Does anyone have any idea what she will get.

(She is starting the same job at the same desk a couple of weeks later!!!)

Second is paid by a charity, gets a small stipend and is a registered student but tells me she doesn't pay NI. DOes anyone know about her entitlement.

They are both a bit worried since they think they will get nothing, managed to tell one about the surestart grant today will tell the other tomorrow.

A link to a good website would do rather than expecting someone to type loads of advice out.

Thanks in advance

[beaniesteve]

Colleague 1. Legally I am sure they can't re-employ her in the same job two weeks after making her redundant! Is that what you mean?

[1dilemma]

Different employer
(believe it or not?)

others have had to wait 3 months (I think) before returning, my employer is being a bit disorganised
and all in the name of saving money

[beaniesteve]

Hmmm - different employer in the same company/building?

I think because she has been accepted voluntary redundancy she will lose her maternity rights and will then not have the same with the new job, but I'm not sure. Will she get a good redundancy payment?

[1dilemma]

Yes honestly I have no reason to lie about it (not that you are accusing me of lying.....
At one point I think there was talk of handing over our 'corridor' to the other employer, then that we would all have to move because employer a wanted it back and most people were being switched to employer b!

I am sure payout would be legal minimum, but I gather not good since she has only been there less than 1 yr, I think the real issue collegue 1 will face will be the lack of time off rather than pay IYSWIM (not that they don't both need the pay, don't we all?

[HappyNewMum2Be]

Do a search on the direct gov site for the maternity calculator and answer all the questions on there.

Has she applied for the new job? what about TUPE? does any of that apply? (not my area...)

[Bramshott]

Colleague 1 would be able to claim Maternity Allowance. Not sure about Colleague 2 though.

[flowerybeanbag]

Colleague one surely was not redundant, this should have been a TUPE situation as HappyMummy says. She is doing the same job but transferring to a different employer. She should make sure she gets her continuous service reinstated so that she gets her proper maternity benefits and other rights. You can't offer someone 'voluntary' redundancy then continue to employ them doing the same job.

Colleague two - is she employed or is this some kind of work experience or similar where she gets expenses only? There's no inbetween anymore, now we have the minimum wage. If she's employed then obviously she gets whatever maternity rights she would normally be entitled to depending on her length of service. If she's a volunteer or work experience student being paid reasonable expenses only then she may not be entitled to anything at all.

Here about maternity rights and pay, you can find out all you need from here, here about TUPE when you transfer from one employer to another.

[1dilemma]

Thanks flowery I was hoping you'd see this.
Collegue 1 has been offered vol.redundancy by one employer, then another employer is going to give her a contract to do the same thing. Her job is a bit 'variable' so I'm sure the contracts will actually differ (if that makes any difference.)

I had a quick look at TUPE (thanks HNM2B) but thought it only applied if one company took another over. It is quite clear (to me at least!) that the 2 employers are separate, running along together doing different things out of the same building.
(The problem however might be over since I gather she has been told she will not be given another contract )

Collegue 2 is on a stipend from a charity she has registered as a student, apparently the charity doesn't pay the stipend over maternity leave but extends it

[flowerybeanbag]

I'm not convinced about it not being a TUPE situation but would need to know more and unless either of the employers wants advice there's not a lot of point, I am assuming you are not in charge of the decisions! It's the 'same job at same desk' and 'most people switching to employer B' that are ringing the bells. But if colleague one's problem might be over we'll leave it there.

Colleague 2 sounds dodgy as well, getting someone to work for you and paying them but paying them less (presumably) and just calling it a 'stipend' doesn't get you out of employment responsibilities - neither does the fact that she is also a student, can't see how that's relevant, lots of people work and study.

Either she's a voluntary worker and reasonable expenses are paid, or she's employed, in which case she should be paid at least minimum wage and gets employment rights including maternity. To me it sounds like this charity is operating based on employment law of several years ago and hasn't kept up with legislation and has no HR advice...

I would advise Colleague B to investigate her rights tbh and I would advise the charity concerned to take some advice as well, I wouldn't be surprised if they are extremely vulnerable elsewhere as well.

[1dilemma]

Thanks flowery, your right I'm not in charge can't imagine how you guessed!!!!

Interesting thought about B and min wage I have suggested the direct gov site and entitled to to her she is getting HR at our workplace to look into it (not the charity)

{yes honestly they are different and I'm not nuts I get the feeling this is beginning to sound really implausable), wonder whether I should just blurt it all out neither of them are mums yet so they're hardly likely to be on here but I don't want to be 'found' on line so maybe not

Thanks for your help