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Original poster

Redundancy - WWYD ?

42 replies

Pandorissima · 19/08/2020 15:39

Hi all,

I need a bit of advice and perspective please. I have just been dismissed (redundancy) and I am wondering what I should do. The timeline was :
I was on maternity leave from last November, planing to come back to work early July. In June, my CEO called me to announced that they were putting me on furlough, and presented it as a good thing, as my pay would be higher than just the maternity pay. I check with him in early July, and he tells me that the activity is still quite low, and so no need for me at the moment. End of July, he calls me, and tell me I am being dismissed, and that we are starting the notice period. he says he is sorry, and will do everything he can to help me find another job.

This is the first time I have been in this situation, so I have contacted a solicitor to check what were my options. She explains to me the process, with the consultation meeting, and as it has not been followed, suggested the dismissal was unfair. She also mentioned the redundancy pay, that my CEO seem to completely ignore. If I was to make a claim, she told me my chance to get a settlement of 3 to 6 months of salary were very high, due to both those points.

The thing is I have no idea what I want to do. Of course this settlement would be very nice, as I have 2 young kids and I am afraid finding an other job might take a while in the current environment. But at the same time I do not want to be too agressive, and think it could be smarter to benefit from their help and network to find something else. They also agree for me not to reimburse my maternity package (they topped up the maternity pay to my full time salary for 6 month, on the condition I was to come back for 1y to work for them - otherwise this amount was to be reimbursed)
WWYD in this situation ? I would be very interested to know other point of view on this situation !

OP posts:
Whyareblokesonhere · 19/08/2020 15:46

What are the sums, so what technically would you need to repay and what would they potentially owe you?

Just wonder, as shocking as their behaviour is, whether it's a fight you could actually win?

That said do you have a record or was it just verbal that they returned you from maternity leave early and then paid you under the furlough scheme? Which would surely be fraud and they'd be in a whole heap of trouble....

Whyareblokesonhere · 19/08/2020 15:48

By actually win I mean, they claim back the mat leave top up, £2k and you get 3 months payout, £3k so the court option is a £1k better option, less any fees? If that makes any more sense?

Actually ignore me, maybe wait for someone more qualified to help!!! Hope it works out for you

Original poster
Pandorissima · 19/08/2020 15:51

The maternity pay is roughtly worth 4 months of salary. And yes I do have an email stating they are putting me on furlough. Nothing about the end of my maternity leave ending, but I guess it was implied by being put on furlough...

OP posts:
RaspberryRuff · 19/08/2020 15:52

If you’ve been made redundant and entitled to redundancy pay and not received it you’d win a claim for that. Maybe also unfair dismissal claim as well although that can be complex.

What have you got to lose in asking for a settlement though? It’s hardly an earth shattering sum of money, 3 - 6 months pay. You get a bit of cash and they get certainty you won’t take them to an ET.

Either approach them yourself and ask for It, ask your solicitor to do so, or get in touch with ACAS and ask them to commence early conciliation. Act quickly as there are v strict time limits.

BooFuckingHoo2 · 19/08/2020 15:52

The key question is how long have you worked there?

PermaStress · 19/08/2020 15:52

I think if they're making your redundant they can't ask for your maternity pay back. You were available to work for a year, not your fault they made you redundant.

Having been made redundant a few times, my advice is to ask them for maximum possible package, and negotiate from there. Whether your want to go through small claims court is up to you, i personally backed out last minute before the deadline to do that because I found it too stressful but your can certainly use the prospect that you might do that as an implicit threat to get your way.

Up to you - but i personally wouldn't put too much value on the networking help. No reason why you can't negotiate a better deal and stay on good terms.

purplemunkey · 19/08/2020 15:59

I took voluntary redundancy as part of a restructure when I was on mat leave. My ‘back to work’ bonus, which I would’ve received 6 months after returning was included in the package. I doubt they’d try to claim back the tip up pay they gave you - you were willing to come back, they have denied you that chance.

Fairymaryprincess · 19/08/2020 16:02

Had you given a return to work date? And was that the date you were moved from mat leave to furlough?

margarita7 · 19/08/2020 16:03

100% go for it, don't let them take advantage of you.

The 'being too aggressive' talk is one that has been instilled into women form the patriarchy, men are never seen as too aggressive or bossy theyre seen as hardworking and getting to the point.

mumwon · 19/08/2020 16:20

If they don't give it to you its illegal -they have broken the law
They also have to pay you according to your salary NOT the furlough amount & your holiday money & they have to go through proper process which will mean a few more weeks money - you deserve it & you will need it

Noneyerbuisness11234 · 19/08/2020 18:26

They cannot ask you to repay the top up the condition was u go bk for a year they're breaking that by letting you go I would take them to court

Original poster
Pandorissima · 19/08/2020 19:40

Thanks to all for your reply !
@BooFuckingHoo2 I have been working there 9 years
And the thing with the maternity leave was it was clearly presented as a loan, and on the contract it does specify that I do have to pay it back if I quit or if I am dismissed during the 1 year period

OP posts:
Caplin · 19/08/2020 19:46

Do it. I did this recently. I was put on furlough and told my role was at risk. I had barely been there a year and they headhunted me from a great role. So I negotiated a three month package plus outstanding leave. 2 months were tax free.

If you negotiate 6 months then you could get 5 months tax free (plus outstanding annual leave which was built up during may leave).

No new employer would hold it against you, and you don’t need to disclose.

The threat of a legal action would probably get your boss to pay up as it will be cheaper than fighting and losing.

Caplin · 19/08/2020 19:52

And no, you do not have to pay back enhanced mat pay as you have not chosen to leave.

KeyWorker · 19/08/2020 19:58

You keep using the term dismissed. That (to me) implies you have been sacked, if your role has been made redundant I doubt they can enforce paying back an enhanced maternity package.

Flackattack · 19/08/2020 20:03

Legally The minimum you are owed Is 9 weeks pay and whatever your notice is if you Are under 40. You are in an interesting position if you have a loan agreement with them - they could still try and recover that unless you have paperwork agreeing it is written off in your redundancy package.

If they haven’t followed legal process they are in a sticky situation.

You should start by ringing ACAS.

Then you need to start discussions based on the information you receive from ACAS. You need this all agreed legally!

Flackattack · 19/08/2020 20:03

Also sorry this is happening! Not what you need but get everything you can!

Original poster
Pandorissima · 19/08/2020 20:06

How did you negotiated it ? By yourself, or with a solicitor ?
I feel I am so bad in this kind of situation, I usually try to avoid conflict as much as possible, so I am really out of my confort zone here....

OP posts:
honestpointofview · 19/08/2020 20:07

Hi Op,

Have you checked your household insurance for legal cover. Often policies will cover you for legal advice. Also worth checking if any of your credit cards (if you have any) have legal over.

Waveysnail · 19/08/2020 20:07

Are your being made redundant or have you been dismissed? Two very different things. What formal written evidence is there?

Original poster
Pandorissima · 19/08/2020 20:08

@KeyWorker I keep using this word because this is the word they are using. But I asked them to clarify that it was a case of redundancy and they did

OP posts:
Palavah · 19/08/2020 20:11

Plenty of companies will folloe the correct process, pay you what you are owed, and also offer support to find a new role.

Your boss's offer to do what he can may ne well-meant but is quite different from money in the bank. What cna he actually do for you?

Bear in mind pension contributions too. Have they been making those?

user14562156358 · 19/08/2020 20:11

Advocating for yourself is not getting into a "conflict" with anyone. It will be easier to manage mentally if you stop framing it as being "aggressive" or causing "conflict" . You are just resolving an employment matter, not going to war.

Waveysnail · 19/08/2020 20:13

What contact have you had with them since you were told you were being made redundant?
Have they sent you paperwork/email stating terms of redundency?

glasshalfsomething · 19/08/2020 20:16

You absolute need to have this situation work to your best advantage. With 9 years service you are legally entitled to a fair amount of redundancy pay. Absolutely put yourself a plan together to approach them with a settlement amount and hold on to your negotiation strategy. You won’t need to be aggressive or confrontational but you do need to be confident in your own with and rights.