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Redundancy after maternity leave

5 replies

AlexinMotherland · 16/05/2021 18:11

I was told last week that I’m being made redundant as my contract is coming to an end.

I returned from taking my accrued holiday after maternity leave a couple of months ago and was granted flexible working to go down to three days a week.

Since starting this job two years ago I’ve been on maternity and become a carer to my OH as he became disabled so I’m not the best employee and can see why they wouldn’t renew my contract (although I have my suspicions the job will still exist/be reinstated shortly under a different title) but just wanted to check if what they’re offering is correct legally.

They’ve said they will pay me two weeks redundancy pay and two months notice in lieu. Both are based on my part time salary but I’ve seen something about it should be based on the last 12 weeks, during which time I was also paid my full wage as was taking my accrued leave. Is that correct or does it only apply to a change in salary for other reasons, such as furlough?

Sorry, this is a bit of a jumble, it was a bit of a shock as most of the work I’ve been doing has been for later in the year so I’m not sure why they’ve suddenly decided not to continue with that!

OP posts:
Namechange13101 · 16/05/2021 19:53

Definitely not an expert at this, but surely if your contract is coming to an end you aren’t being made redundant simply coming to the end of your employment? I work for an organisation which has a huge number of fixed term employees due to the seasonal nature of our workplace and I’m fairly sure they don’t get paid redundancy when their contract ends at the end of their 5/6/9month term? But I’m sure someone else can give you better guidance

AlexinMotherland · 16/05/2021 20:06

I thought so too but anyone working two years or over is entitled to redundancy pay regardless of it being a contract apparently.

The other question I have is do they have to pay me for my leftover holiday? There’s been no mention of that.

OP posts:
flowery · 16/05/2021 22:24

Redundancy pay is based on your normal contractual salary, unless your pay is variable in which case a 12 week average is used.

Yes you must be paid any holiday accrued and not taken.

What’s happening to the work you do?

AlexinMotherland · 17/05/2021 09:45

@flowery

Redundancy pay is based on your normal contractual salary, unless your pay is variable in which case a 12 week average is used.

Yes you must be paid any holiday accrued and not taken.

What’s happening to the work you do?

Thank you, that’s exactly what I wanted to know.

I didn’t want to ask for something I wasn’t entitled to but am a bit peeved that I’ve arranged childcare etc for the sake of a couple of months.

They’ve said they’re having ‘a rethink’. I suspect they’ll leave a suitable time frame then employ someone else under a different title due to the work I’ve been doing, all for future projects.

OP posts:
NavigatingAdolescence · 20/05/2021 10:36

@AlexinMotherland

I thought so too but anyone working two years or over is entitled to redundancy pay regardless of it being a contract apparently.

The other question I have is do they have to pay me for my leftover holiday? There’s been no mention of that.

That’s not true. You can have a 3 year contract end as planned and not be entitled to redundancy. It’s all down to the reason the contract is temporary.
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