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How do i get the best maternity redundancy package?

(4 Posts)
Galligalligalli Thu 04-Nov-10 19:04:48

Hello

I am currently in week ten of my maternity leave. My boss phoned me yesterday to inform me that a restructure was taking place, which would result in my position and one other role (both roles are the same) being made redundant. There will be a new role created, which both of us can apply for. The person who fails in their application will be offered an alternative role if there is one or will be made redundant. For various reasons, I am fairly sure that the other candidate will be successful over me in their application (although not better qualified) as there have been a few examples whilst pregnant where I believe I have been discriminated against, but I have not said anything, as I didn't want to rock the boat. I would therefore prefer to avoid going through the application process unless it is in my best interest to do so. I would consider taking redundancy, but only if the package was good. Can anyone advise how I get the best deal and what my rights are as I fear it will be difficult to prove I am being discriminated against.

Should I apply for the new role?
Should I wait for them to bring up a proposed redundancy package, or is it OK for me to enquire?
Should I look to be really interested in the new role?
My company policy is to have six months full pay and SMP after that. Should I be entitled to receive the remainder of my maternity package if I am made redundant?
What questions should I ask / avoid during my first consultation meeting? (I currently plan to ask for a job spec, proposed organogram, written rational for planned change, what my options are)
I don't belong to a trade union. Who can attend the meeting with me?
They have asked me not to discuss what is happening with my team. Do I have to keep quiet?
Am in entitled to my bonus and car allowance as part of a redundancy package?
Under what circumstances is it worth going to an employment tribunal?

Lots of questions, but any help on this would be greatly appreciated.

Thanks

Fuchzia Thu 04-Nov-10 19:18:48

Gosh lots of questions! I can't help massively but I think you first need to work out if you want to fight for this new job or not, don't think it is rocking the boat to apply if you do, just reasonable. Unless you are keen to leave would try this route first

Eliza70 Thu 11-Nov-10 16:37:55

Hello, you might be better putting this in employment issues as it is a bit more active.

In relation to your post... if you are made redundant while on maternity leave it has to be a 'genuine' redundancy situation, your employer must then offer you any suitable alternative that is available. Therefore they are obliged under law to offer you the job that is created over your colleague. You do not need to apply for it or be interviewed for it, you can do it for a trial period of four weeks and if you decide not to accept it you can then take redundancy.

If you do decide to take redundancy you would have to negotiate your maternity package with them, although they are (I think) obliged to give you your SMP.

If you are not in a trade union you might be able to take a colleague in with you, you will have to see what your organisational reundancy policy states.

There are others who are better able to tell you if you would have a case for unfair dismissal or sex discrimination.

I'd ask MN to move this to employment issues.

Eliza70 Thu 11-Nov-10 16:40:01

I found this useful

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