Asked to repay mat leave pay but been made redundant

[Positive22W]

Hi can anyone offer help? Im not in a union as my membership has lapsed apparently so im a bit lost...
Been made redundant from a school. Returning from maternity leave on Monday 15th july for one weekbefore summer holidays then last contracted day is 31 aug.
Been informed today that hr are stating I have been overpaid as I will not have worked 13 weeks by my end date and they will be requesting pay back. I have not been informed of this by hr in writing or in any way.
I won't be able to work 13 weeks as they have made me redundant. If they wanted me to work 13 weeks they would have had to inform me in April may. As I mentioned I have not been informed of this.
Where do I stand?
Thanks

Contact Pregnant then Screwed and/or Maternity Action. There's a mumsnet special chat line free legal advice thing for this in the pinned posts at the top of the main page going on at the moment. Sounds like school has royally fluffed up.

I was made redundant in August and I'd had a baby in May. They gave me the rest of my maternity leave for the 9 months in a lump sum as well as my redundancy. That doesn't sound right

No you shouldn't have to pay this back. You are not choosing to leave.

I'd also question whether they have followed the proper process for making you redundant. You say the 3 roles changed to 2. Would either of the 2 roles been suitable alternatives or were there any other vacancies within the company that would have been suitable alternatives?

Maternity Action are very helpful. I would suggest speaking to them about the pay but also querying the redundancy situation.

The pessimist in me thinks they're trying to save money by making you redundant and thinking you don't know your rights.

Not an expert, just an avid reader of threads in this section, but I'm wondering the same as maverick - if its 3 jobs into 2 have all three of you been given the option of applying for them? If not I would also ask ACAS about that as it doesn't sound right.

I thought you were safe when on maternity pay?? Aren't you protected whilst on this type of leave, certainly your terms and conditions should be.. think you could contact CAB

There's more than 13 weeks between the July day you return and 31 October.

'The pessimist in me thinks they're trying to save money by making you redundant and thinking you don't know your rights.'

This is my impression, tbh.

Is your end date 31 Aug or 31 Oct? Even if the latter, I don't think they'd have much of a leg to stand on wrt reclaiming mat pay due to the redundancy. AIUI, the rules around repaying mat pay are to stop people claiming enhanced mat pay and then leaving/not coming back. In this scenario it isn't your choice to leave, so reclaiming the pay contravenes the spirit if not the letter (IANAL) of the provisions.

Careful, there’s a lot of talk on this thread about your rights, but there’s no legal requirement for an employer offering conditional enhanced maternity pay to waive a return to work requirement if the reason for non-return is redundancy. It’s for the employer to set those conditions (although they should be clear).

Are you on Burgundy Book terms OP? It says the following about requiring repayment of the enhanced element- “in the event of the teacher not being available, or being unable, to return to her job for the required period, she shall refund such sum after the first six weeks’ payment as the employer at their discretion may decide”

It’s for your employer to decide, because there is no mandated exception when the reason for being “unable” to return is redundancy, either legally or within the national provisions.

Check your academy’s maternity policy carefully for the exact wording around the return to work requirement.

in the event of the teacher not being available, or being unable, to return

The teacher is available and able.

She’s not able, because her role is redundant.

It’s not her fault that she’s unable, but she is unable.

Morally I agree, and most maternity policies covering teachers would state that redundancy doesn’t ‘count’ as not returning, but it wouldn’t technically be unlawful or against the national provisions for a policy not to say that. The policy needs to be checked.

Someone mentioned above to contact Pregnant Then Screwed - they are really helpful and you can get free legal advice about this.

pregnantthenscrewed.com/

It’s frightening how many people on this thread think there is legal provisions covering employers’ enhanced maternity pay schemes. There is no such thing!

Employers are allowed to set whatever terms they like around anything extra they choose to offer, as long as those terms are clear upfront.

It may be that the terms were not clear. It may be that the redundancy wasn’t fair or lawful. But people should stop saying the employer isn’t allowed to recover enhanced pay in the event of redundancy because no one here has any way of knowing that.

Can you say more about the restructure? Are the 3 jobs identical? Were you given an opportunity to apply for one of the two remaining jobs? Do you know why you were selected for redundancy over your two colleagues?

Ha. Chancers.

Get advice and get some redundancy money for yourself. Good luck.