Pregnant & on redunancy notice - any help appreciated

[needclarityplease]

Hi All,
Long Post alert
[First ever posting, sorry if it waffles or doesnt contain enough info!]

I wonder if anyone can help ???

I'm 21 wks pregnant and just received 'official' redundancy notice for the middle of next year. This is no surpise as my entire department is relocating abroad and we've known about it for a few yrs now. It suits me to be made redundant and we've been gladly planning for it.

I'm due to start my mat. leave early next year & HR have said that my maternity rights/enhanced pay will still apply until my official leaving date. I will also be entitled to receive my outstanding Statutory pay that would have been paid for a total of 39 wks. This is all good news.

But they have also said that while I am on leave they are obliged to offer me 'suitable alternative work' rather than make me redundant which if I do not accept will mean that I am not entitled to the redundancy payment. Bad, bad, bad news!

As my department is relocating abroad my 'type' of job will no longer be available at head office, but in the UK we do have other sites (one 120 miles away the other 200 miles away) where they could potentially 'create a role'

What worries me is that they may create a role at one of these other sites & I wont be able to accept it as they it would mean relocating the entire family & we'd then miss out on the redundancy package (that I've already spent a hundred times over - LOL)

Should I be upfront with them & just ask if I can be made redundant as planned or should I plan to return to work soon after the birth so that my maternity leave has effectively ended and I can be made redundant???

Sorry it went on so long - but I'd really appreciate any comments/suggestions or general opinions.

Many Thanks in advance!

[msrisotto]

How long have you got until you can start your mat leave?

[QueenOfFlamingEverything]

Surely its not 'suitable' if it is over 100 miles away and you have a young family though?

Here

[tethersend]

I'm no expert, but know of 3 people who have been made redundant whilst on mat leave...

[tethersend]

Have a look here and at this from the Maternity and Parental Leave etc. Regulations 1999:

Redundancy during maternity leave
10. - (1) This regulation applies where, during an employee's ordinary or additional maternity leave period, it is not practicable by reason of redundancy for her employer to continue to employ her under her existing contract of employment.

(2) Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with paragraph (3) (and takes effect immediately on the ending of her employment under the previous contract).

(3) The new contract of employment must be such that -

(a) the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and

(b) its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.

It sounds as if your employer is duty bound to offer you an alternative position, but you do not have to take it. I am not sure about the payment, however.

Perhaps you could return early from mat leave and 'work at home' for a week or two before accepting redundancy?

[tethersend]

This leaflet may also help.

[flowerybeanbag]

Your HR team is right they should offer you any other suitable roles, and in fact it's good practice to make any roles available even if they are not 'suitable'.

However you needn't worry - as these roles would involve a relocation they wouldn't be defined as 'suitable' so you can refuse them on that basis and will still be entitled to your redundancy pay.

[RibenaBerry]

What Flowery said !

Your HR department are complying with the law on redundancy situations by looking for alternative roles, but a relocated role 100s of miles away would not be defined as suitable (except in very exceptional circumstances, like perhaps where the original office was also a great distance from your home, you worked from home and only visited once a quarter).

They are doing the right thing by offering (who knows without doing so whether an employee might want to relocate) but you'll be able to turn it down and take the redundancy instead.

[needclarityplease]

Thanks everyone for the speedy postings and useful links.

I think I might approach my HR team before my leave starts in February to make it clear that I wouldnt be interested in an alternative position and see how it's received.
I guess the worst case scenario could be, I return to work a while before my notice period, but maybe if I'm upfront with them I wont need to.

I've never used a forum before but so glad that I've now used mumsnet talk!

Thanks again everyone
Cheers!

[RibenaBerry]

You can make it clear that you wouldn't be interested in an alternative position that involves relocation, that's absolutely fine. However,if something happened whilst you were off which meant that your job was avilable (e.g. the relocation abroad didn't work out and they sent it back) you wouldn't be entitled to redudnancy if you turned it down. Just be sure to be clear to HR that you're saying "I won't be interested in any of the relocated positions." because if you say "I'm not taking anything you offer" then a really mean employer could use that against you.