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Redundancy just before maternity leave?

8 replies

Racoonworld · 05/05/2020 10:12

We have just been told that there will be redundancies made, and a number of employees will be put 'at risk', with a consultancy period then redundancy. I am due to go on maternity leave in a couple of months, but can bring this forward with 4 weeks notice (am past 29 weeks).

If I was put into the 'at risk group', and the consultancy period was 6 weeks long, and I changed my maternity leave to start in 4 weeks time, would I still have maternity redundancy protection (i.e. have to be offered a suitable job) if I started mat leave part way through the consultancy period?

OP posts:
mummyh2016 · 05/05/2020 10:18

I don't have any experience in this but if it was me personally I'd bring my maternity leave start date forward to ASAP.

dchange · 05/05/2020 10:20

Hi,

I am sure you would have received your entitlement letter as you are passed 25 weeks. What does this letter state? You will have a return to work date. You are somewhat protected as long as the company does not go burst. Now, when you return from maternity leave they typically need to find your an alternative role if your role No longer exists. Now, they may offer your redundancy package. To be honest I will use part of maternity to find another job if things not looking great. All the best

rossKemp · 05/05/2020 10:22

You won’t be protected from redundancy just because you’re on mat leave.

Plenty of pregnant women/ women on mat leave are made redundant. Your employer wouldn’t be doing anything wrong unless making you redundant BECAUSE you’re pregnant and/ or on mat leave

Racoonworld · 05/05/2020 10:26

dchange I have received my entitlement letter and have a return to work date and am pretty confident my company will not go under this year (very large company) so am not really worried about my return to work after mat leave.

My problem is though that I am not yet on maternity leave. I am trying to find out, if I am put in the 'at risk' group, then go on maternity leave part way through the consultation, am I still protected, or would I have to have started mat leave before I receive an at risk letter? Our consultancy periods are typically 6 weeks, and I have to give 4 weeks notice to change mat leave date, so I could start my mat leave 4 weeks into the consultation period as a worst case option.

OP posts:
Racoonworld · 05/05/2020 10:31

rossKemp I know I could still be made redundant, but whilst on mat leave you have to be offered a suitable alternative role if it exists and you get preference over other employees if there is a pool of people. My company is very large, and are putting groups of people at risk with a number of roles available for each group, therefore I would get preference for these if I'm on maternity leave (I think??). Trying to decide if it would be better to start my mat leave early, but if I am put at risk before mat leave starts I need to know if I still have that protection!

OP posts:
flowery · 05/05/2020 10:46

You have the additional protection if your role is made redundant while you are on maternity leave. So if consultation starts while you are still at work, and you end up being made redundant as a result and your proposed termination date is during your maternity leave, the additional protection would kick in.

However don't overestimate how much protection that actually is. Your role can be made redundant same as anyone else's. It's only once it is redundant that you get any extra - if there is a suitable alternative vacancy, you must be offered it.

So if you are one of 10 widget makers and the company wish to reduce your department to 7 widget makers, you have no additional protection and can and should be included in the pool, as long as your pregnancy/maternity leave isn't a factor in the selection.

if you are selected, and there is a vacancy for a widget maker (or other post suitable for your skills) in another department, you have the right to be offered that.

grumpyorange · 05/05/2020 10:52

I had this. Mine was a month before I was due to leave. I expressed my concern to my employer but was told it was tough. They did bring my 'expression of interest meeting' forward to the day before I left so that I could fight my corner.
2 days after I gave birth I was told I had to come in for an interview by the end of the week. I spoke to HR who told me it was basically tough so I went. I got the job...

Looking back now I feel I have grounds to complain however they did bring my official expression meeting forward so even if you do say you're going to leave sooner they may well just do that

dchange · 05/05/2020 12:03

In all honesty, it will be tricky for them to make you redundant before you start maternity leave. How many more weeks before maternity leave? Decisions like redundancy take time so hoping before or if you are indeed included you would have started your leave.

However, please read your entitlement letter. does it state you are only entitled to enhanced maternity as long as you are employed by your company? if it does then there is a risk of entitlement letter being enforceable (assuming you are made redundant before leave).

Finally, how long have you been in the job? could a redundancy pay work out to be the same as enhanced maternity? You could be better off regardless.

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