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Have been made redundant while on Mat leave!

12 replies

colditz · 02/03/2006 16:49

I bumped into a colleague today and she told me that the entire (bar me!) workforce was informed yesterday that we are all being made redundant at the end of May.

What will happen to my SMP, which wasn't due to run out until August? And what will happen if they never inform me of my redundancy, as they haven't yet!

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hunkermunker · 02/03/2006 16:57

Wow, Colditz! You weren't going back, were you?

Will you get redundancy pay?

Don't know re SMP.

They should've bloody told you though!

colditz · 02/03/2006 17:01

I wasn't planning to go back anyway, so this isn't the blow it could have been, but having my old job waiting for me was a safety net, in a way.

By the end of May, I will have been with them for 1.11 years. 1 month shy of the minimum requirement for redundancy pay.

crap.

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hunkermunker · 02/03/2006 17:01

Oh, bugger.

colditz · 02/03/2006 17:02
Grin

I might turn up in August, and demand a job! then if they refuse, I will be entitled to redundancy pay by then LOL

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colditz · 02/03/2006 17:02

If they haven't told me, I still work there, right? LOL

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TheBlonde · 02/03/2006 17:39

They still have to pay you your SMP I believe

lexiemum · 02/03/2006 18:57

they cannot make you redundant whilst on mat leave and i think they are unable to contact you either.

you will be paid smp till 6mths up, then they will probably instigate your redundancy (assuming that you are part of this grp) and of course redunancy pay aswell.

to put your mind at rest, call hr, tell them what you've been told and see where you stand. then call into the cab and check all avenues have been covered and you don't loose out.

lexiemum · 02/03/2006 19:02

you remain on payroll as an employee on mat leave - so you'll meet the requirement - you'll have been there 2.2yrs in august.

i think there is something in the new mat law of 2002/3 that says employers can't phone employees on mat leave for work related issues.

edam · 02/03/2006 19:13

I've got a different understanding of the situation from lexiemum. AFAIK (have been both an employer making people redundant and an employee being made redundant) they can make you redundant while on mat leave, as long as they aren't singling you out because you are on leave. So if they are making your whole department redundant, that could include you.

They have to consider whether there are any suitable alternative posts in the organisation though (and if there are, you can discuss this with them, turn it down or have a trial period where you check it out but still retain your redundancy rights.). And there is a legal requirement to have a consultation period, although this is usually a sham exercise - my old firm used to give just a week's consultation, but at least it's an extra week's pay.

Odd you haven't heard from them though... maybe they realise you do have to be careful to do this properly when it concerns someone on mat. leave so they are taking their time? I don't know what the rules are about contacting employees who are on maternity leave so that could be an issue.

Statutory redundancy pay is crap, though, just one week for every year of service. Check your contract because if it outlines anything more generous, then that's what you'll get.

colditz · 02/03/2006 19:22

here is the whole situation - I was too incenced to post in detail earlier.

yesterday I got a letter stating that in line with the meeting on Monday 27th feb, my employers are looking for voluntary redundancies. I knew nothing about this meeting, so how they have sent me a letter personally addressed to me about a meeting I supposedly attended, I don't know.

Today, I bumped into a colleague in town, and she told me the whole staff present yesterday have been told they are being made redundant. I then rang another colleague tonight, who worked this morning, and she confirmed it. The whole staff is being made redundant, the residential home is closing for 6 months at the end of May, and reopening with different owners and management.

I rang ACAS, and apparently I retain my right to 26 weeks SMP, but I don't actually trust my employers to pay it come the end of May. they tried to stiff me last time I had a baby. I ended up leaving, then going back a year later when I was desperate for work.

Apparently our impending redundancies are strictly confidential! But I haven't been told this, and it isn't in the letter, so I'm not listening. Anyway, how are people supposed to give the reason for leaving when applying for other jobs, if they can't say they are about to be made redundant?!!! FFS.

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RuthT · 02/03/2006 20:20

Hi

I think that the advice colditz gave is very sound, but what edam says is actually correct. It is really easy when you are away from work to create whole scenarios that aren't actually happening.

I would ring the HR Dir/Mgr, and if there isn't one of them the person you report in to, and explain that you have had a rather alarming letter and can they please fill you in.

It is poor that they have not contacted you regardless of the reason but it could just be that they are not sure how to. Did you say you didn't want to be contacted about work?

However, they can make you redundnant as long as it is a good business reason, they are not singling you out and they have exhausted all avenues of suitable alternative employment. Closing the home down would qualify, however, it could be a TUPE situation (transfer of undertakings) and you may have the right to employment with the new company.

You should visit the CAB and think about what you want, find out what the company intends to do with you by speaking with HR. You can always ask what it would mean to you if you were to 1. chose to stay or 2 take voluntary redundancy.

For now give them the benefit of the doubt get your facts, find out your options, decide what you want and work towards it.

If you do not want a job and do want redundancy then don't kick up a fuss and take voluntary redundancy and enjoy it. If you do want a role then check if it is a TUPE and state that you want to remain employed.

Hope this helps

colditz · 06/03/2006 13:17

An update on this one.

I contacted cafcas (if that's what it's called) and apparently they are obliged to pay my SMP, which it good.

I know they have to make me redundant, the place is shutting for 6 months. I was just peed off, and a bit worried for my SMP.

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