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Voluntary Redundancy just before mat leave due to start

10 replies

JennstarOfWonder · 18/12/2008 07:53

Basically, I've been offered voluntary redundancy. It would be March, and I'm due to start my maternity leave in the middle of April. I've been with the company 9 1/2 years. The maternity pay is the basic. 12 weeks at 90%, and then the normal weekly rate. I'm just trying to work out whether it would be worth my while taking redundancy, and becoming a locum when sm leave finishes (although I would have to go back early because all my holiday for the year gives me 6 more weeks off) or stick with the company. What they are offering me as an alternative is basically being a locum anyway, for a lot less money, but for a lot less aggravation re being self employed, pension, sick pay, tax etc.

Thank you in advance, I'm off to work now so will read this evening.

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llareggub · 18/12/2008 10:19

Do you want to accept the voluntary redundancy? Is it an enhanced package?

Is it really a true redundancy if they are offering you locum work afterwards? Will the locum work be regular etc?

Sorry for quick answer but got to run to pick up DS. Will be back later.

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HtheH · 18/12/2008 10:32

I have been made redundant, as it was not due to being pregnant and my whole division were made redundant I have no protection and receive no compensation. I have 3 months notice that falls within the 15 week time limit before due date, but the company have insisted on paying me in lieu for the final month, I therefore no longer qualify for my SMP. All very unfair, but i have consulted employment lawyers and they are within their rights. And guess what happened yesterday - my husband was made redundant too!!! All a bit unbelievable and we are a bit shell shocked, but I am sure we will survive - we have to!

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lou031205 · 18/12/2008 11:08

HtheH - make sure you claim Maternity Allowance!

Jennstar- SMP is 6 weeks at 90% then 33 at weekly rate.

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prettybirdinapeartree · 18/12/2008 11:14

HtheH - you do know that if your contract doesn't mention that they will normally Pay in Lieu of Notice, then that pay will be tax free as it is effectively "damages"?! Every little helps!

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flowerytaleofNewYork · 18/12/2008 11:54

Jennstar so are they proposing making you redundant then re-engaging you on a self employed basis?

I would be very cautious about agreeing to this. Firstly, employed or self-employed status isn't something either the employee or the employer get to choose. It's decided based on the nature of the relationship between you. If there is already an employer-employee relationship between you it would be more difficult to demonstrate that the relationship has changed sufficiently to justify your self employed status and loss of your employment rights.

Have a read here, there is a list of questions which you can read and apply to the situation as it would be with you as a locum, to work out whether you would be genuinely self employed or not. But on first reading I would be very cautious about accepting it.

What have they said happens if you don't accept?

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llareggub · 18/12/2008 15:42

Back again, very quickly.

Totally agree with Flowery...

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JennstarOfWonder · 18/12/2008 21:15

Sorry didn't make that very clear. If I don't accept the voluntary redundancy, I will still work for the company on a relief basis. This is not being self employed. I will be on the same wages, but have to drive to other branches.

I'd forgotten it was 6 weeks at 90% not 12

If I go self employed I would get my work through an agency, do my own tax and NI etc and so would be def. self employed. It is highly likely I would be employed by my current employer as a locum, but would have to invoice them for the work and expenses.

I think my question is, would I get mat pay if I take redundancy? I find out tomorrow about how much that would be. Don't think it is a massive amount.

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JennstarOfWonder · 18/12/2008 21:16

Sorry got to go again....moving house on saturday. Thanks for all the replies so far

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flowerytaleofNewYork · 18/12/2008 21:22

You would get maternity pay as long as you are still employed at 25 weeks, which presumably you would be if you are due to go off on leave in April and the likely redundancy date would be March.

I still wouldn't accept it unless it's a very generous package. You have long service and lots of employment rights and benefits, so unless there's a lot of money involved, at the moment I can't see much of an incentive for you to take this option.

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JennstarOfWonder · 19/12/2008 06:34

Thanks flowery I think you're right. If going on relief doesn't work out when I go back, I could always become a locum then when I've received all my due holiday and pay.