Maternity and Redundancy - Urgent help needed!!

[Scraggyaggy]

I have been told by my managing partner (by telephone) that they no longer have a place for me in the organisation, and that they intend to make me redundant.

I understand that I am a "protected worker" as I am currently on Ordinary Maternity Leave. I also qualify for Additional Maternity Leave ( I have worked for the company since September 2001). I officially started my leave on 27 May 2005, although I ended up having to go to work for a morning and an afternoon during the following week. (My baby was due on the 8th June).

I am employed by an unlimited company, but I don't know who now owns this company.

Strictly speaking there are less than 5 employees in the company I actually work for, although I believe that my company is now owned and controlled by the managing partner, who also runs his own practice which services exactly the same clients, so I am not sure if they would be treated as though they were a larger firm.

My job has been "covered" by the two partners of the other firm (who, as far as I am aware, are employees of the other company) while I have been away, although I have been asked to help with various matters at various times throughout my absence, including as recently as last Friday.

I have now been asked if I would attend a meeting to "do things properly" and discuss my current position etc. I had originally intended to give notice that I would like to return to work 3 weeks early, however I don't know whether I should give this notice in light of these discussions or not.

Does anyone know what I can / should do??

I don't actually mind being made redundant, but am not sure how to make sure I get a reasonable package which won't result in me scraping the breadline while I find another job. (It's hard enough on maternity pay, all my savings are now gone...)

Not sure exactly how you stand, but yes you do have some protection that other employees don't have. I think that if there was a redundancy situation then an employee on maternity leave is given preferential treatment when it comes to offers of "suitable alternative employment". I'm not sure how it works when there are no vacancies though. However, your employer may be on dodgy ground if your redundancy has occured as a direct result of you being on maternity leave, or if you have been selected for redundancy over another employee.

I think the less than 5 employee employer's "exemption" was removed in August but I'm not sure (remember reading about it a few months ago, but I have been off work on mat leave myself so I haven't kept up to date on the progress of that one).

Sorry to be a bit vague. I'm assuming that the meeting is to consult with you about the prospective redundancy. It might be worth going along to fact find without commiting yourself to anything and see what they might be offering. Also I'd suggest that you do a bit of digging to find out why the redundancy situation has arisen and how the work you were doing is being covered. Then if you are not happy with the package, seek some legal advice about whether you have a good case to go to Tribunal (or at least whether you have a strong position to negotiate a better package!).

You do have extra rights to be offered suitable alternative employment with your employer or an associated employer if your role becomes redundant during OML or AML - check out Reg 10 of Maternity and Parental Leave Regulations 1999 www.opsi.gov.uk/si/si1999/19993312.htm
Have a look at Equal Opportunities Website - www.eoc.org.uk/Default.aspx?page=0very useful 'Your Rights' section and helpline is v good.

In terms of trying to get a decent package - I would suggest that when you go to the meeting you say that you were very surprised when told of the redundancy and then go through why (eg the fact that whilst on maternity leave you had done 'work' for the company on numerous occassions; the goodwill you had shown during the maternity leave is not being reciprocated).

Say that you are having to look into the matter and seek advice and if you have to go, you'd like to do so on amicable terms but financially, you can't afford not to look into what your legal position is.

That should spell it out to them that you want a settlement - see how they react.

Hello everyone,

Thank you for all your advice. They have now suggested a meeting, so I will go for a "dig" and see what I can find out.

Scraggy