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Original poster

Made redundant whilst on maternity leave

19 replies

mama30 · 24/11/2006 22:21

I have been working for the same company for 12 years. I have now been informed I am being made redundant 3 months into maternity leave. The company is making many other employees redundant. However I don't think I have been rated fairly, my scores are too low, those that have scored me have never worked with me, etc. I am sure this would not have happened had I not been on maternity leave (probably very hard to prove). I am based in west London. I would like to hire a lawyer to see if I have a case to fight. Am concerned about costs and finding a good lawyer. Any advice??

OP posts:
bakedpotato · 24/11/2006 22:36

Lots of good advice on this
Good luck

squishy · 25/11/2006 10:52

Haven't read the other thread, but Unions are a good port of call as well as ACAS - best of luck

edam · 25/11/2006 11:10

My company paid for my lawyer when I was negotiating my exit, so worth asking. Check your contract and see what redundancy payment you are due. And then negotiate - don't just assume you'll only get what they are prepared to pay you, argue for more. Esp. as you are in a sensitive position being on mat leave.

Do get a lawyer asap to check they have followed correct procedure in selecting your post for redundancy (check out the Tiger site linked on the other thread). Employment tribunals will jump on lapses in procedure as it is so clear cut. Don't forget to ask for outplacement as part of the package (ie a firm of consultants who help you to find your next job) and to negotiate your exit statement/reference.

In a way, if they want to cut your post, you are in a strong position, as they have to make it worth your while to avoid being dragged into complicated messy legal situations.

Oh, and take someone with you into any meetings and ask them to take notes. You can ask the employer's rep to clarify anything you aren't sure about. And don't agree to anything in the meeting, say you'd like to go away and consider it.

Freckle · 25/11/2006 11:16

Have they offered any other employees suitable alternative employment? If so, I would complain because pregnant women or women on maternity leave have to be offered this ahead of all other employees and, if you haven't been offered this, your employers are breaching your statutory rights.

fizzbuzz · 25/11/2006 12:12

Contact Equal Opportunities Commission,they are really clued up and helpful.

lulumama · 25/11/2006 12:15

this happened to my sister Taylormama

there is some good advice in between the sisterly comments!

HTH!

taylormama · 25/11/2006 12:45

B*stards! I have been threatened with redundancy whilst on mat leave which i suspect is a sham ... i am going back to work on Friday to kick some butt ... basically after ordinary mat leave you are legally entitled to return to your original job or equivalent. You should be offered alternative employment above other staff members ... sounds like you have been unfairly selected for redundancy and obvioulsy sex discrimination. Definitely get legal advice, check out the ACAS website and Equal Opps. CAB were great and fight for your rights ... sorry you are going through this - i can sympathise.
xxxx

Original poster
mama30 · 25/11/2006 13:58

Thank you very mcuh for all the advice and links. I have done a lot of reading now!! I think I just need to talk to a good lawyer as you all suggest. Any recommendations? I wonder how "lisalisa" got on with Paul Daniels?? Also any idea how much it will cost??

OP posts:
helenhismadwife · 25/11/2006 17:14

I would do what someone else suggested and ring ACAS 08457 47 47 47 they are excellent

the website is good as well www.acas.org.uk

Original poster
mama30 · 27/11/2006 11:15

Has anyone used Alison Downie at Bindman & partners? She was recommended in the other thread.

OP posts:
PelvicDoors · 29/11/2006 08:32

Alison Downie one of the best discrimination lawyers in the country.

I used Bindmans once, and my company folded and gave me a huge payoff the moment they heard I had got them on my side (gospel truth - and this was a big accountancy firm so not short of lawyers themselves)

xmasstocking · 29/11/2006 08:37

Have to echo Freckle (and others) - you need to find out if any one else has been offered auitable alternative employment because it has to be offered to the woman on maternity leave above and before everyone else.

I am in a similar situation and I am just waiting for my company to get back to me on whether they are going to do this for me (they are currently seeking legal advice) - I am dying to know what their response will be as I am sure they are not going to offer me a job but I am keen to know why not - and then hopefully take them to the cleaners hee hee hee!!

Original poster
mama30 · 02/12/2006 10:50

any further advice??

OP posts:
LearnAsIgo · 05/12/2006 21:48

Hi,

Have you managed to progress any further with this in terms of finding a lawyer? Some do a no win no fee and at least if you could meet one, you'd get a better idea of what you're up against. Time can be of the essence with these matters too so if you can, try to contact a few soon. If nothing else you'll feel like you're doing something and not just accepting the situation. It's difficult when you've got your hands full with a baby but phone calls can be made as soon as a nap starts and it's amazing what you can get done and how good you'll feel once you've spoken to someone who is familiar with sitautions such as these.

Keep us posted and good luck

Original poster
mama30 · 15/12/2006 15:04

I got a solicitor who has adviced me to appeal against the decison to make me redundant. The apppeal will be heard in January (all internal with senior HR & management from my company).

I don't think the company will change its mind but as you say at least I am trying. It has been very tough making calls, sending emails, drafting letters, etc with a 3 motnh old who is bf. I don't wish it on anyone.

The solicitor thinks I certainly have a case but it all depends on appetite to take it to tribunal, wait 10-12 months, the stress, etc, etc.

I'll keep you posted.

OP posts:
pedilia · 15/12/2006 15:26

I am facing this situation, others have already had redundancy notices and apparently the company is now to be sold so there is obviously some streamlining being done, I will be following this thread with interest

smittenkitten · 15/12/2006 20:24

as a woman on mat leave you have additional protection against being made redundant. if your role disappears then you get priority for redeployment. have you discussed alternative roles with your manager or HR?

Original poster
mama30 · 21/12/2006 17:19

smittenkitten, yes I have raised this point but the company has not been terribly helpful in this respect.

I´ll let you know how it all goes in Jan.

OP posts:
bingobongo · 21/12/2006 23:28

Make sure they follow the statutory disciplinary procedure - see ACAS. They should initially write to you to explain your job may be under threat, invite you in for a meeting to discuss reasons/business case etc and also discuss selection criteria etc. You should be kept fully informed, be notified in writing of the outcome and given the right of appeal. Failure to follow the statutory process will render it an automatic unfair dismissal, they are also on dodgy ground for potential sex discrimination.
Other's are correct about you taking priority for redeployment as you are on maternity leave. Citizens Advice Bureau can also give guidance

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