Being shafted by employers

[Sam29]

Feel in need of a rant........ i work for a national childrens charity (which for the time being shall remain nameless!) and first baby is due March 6th. Organisation is making all the staff in my particular project redundant as of March 31st so obviously I assumed this would have an impact on my maternity leave/pay. Normally I would be entitled to go off 11 weeks before the birth and have off up to 41 weeks after the birth. 18 of these weeks in total would be paid. I was led to believe by my manager that once the 18 weeks started that they would be honoured despite the redundancy. Also that under redeployment I could be eligible for any other jobs (for which I have the skills) within the org. for that 41 week period after the birth. This is because at the moment I am not a good proposition for any other project as I am not going to be available for several months. So far, so good.........
Then head of personnel came back and said "NO" to all of the above. So now, instead of working until mid Feb. as intended I may as well finish 11 weeks before the birth as my maternity pay will cut off at the end of March irrespective. Which means I will have to look at going back to work sooner than I would have wanted as we will have run out of money much sooner! Also I stand very little chance of having any kind of job to return to.
Does anyone else get the feeling that women are still somehow being punished for daring to go off and have a baby?! Am seeking advice from my union but there appears to be little that I can do as they are acting within the law apparently. Still crap though.........

Hmm... check carefully with the CAB or someone. Not sure about the others, but am pretty sure you're entitled to the full maternity benefit. Not that it's happened directly to me, but I was made redundant there was a girl who was pregnant in the same department and she was worried about the same. She eventually found out she would get the full entitlement (mind you, I don't know the individual circumstances, and she did have the union battling for her). This was about 4 or 5 years ago. I'm surprised your union isn't being more supportive.

Sam29

Even if your employer shafts you - wouldn't the Social hand out what you are entitled to and shouldn't they know how you are being treated anyway?
Who says they are acting within the law? I'd go and get some free half hour legal advice if I were you - this can't be right.

Really angry for you - pregnant mums don't need this extra stress for god's sake!!
Keep me posted

Roxie xxx

Sam29 - how awful - but like others have said, I wouldn't accept the initial response without checking the facts. I was made redundant while pregnant, but had reached my 'qualifying week' (15th week before due date) so they had to pay me SMP.
Have you searched the boards here on Mumsnet for 'redundancy' - I know there have been discussions previously about this...
Also check out the Maternity Alliance www.maternityalliance.org.uk/
they have a free downloadable factsheet all about pregnancy and redundancy which I found VERY helpful. They also have a helpline, but I could never get through to it...
Good luck anyway, and let us know what happens...

I know someone who was made redundant while on maternity leave (about 2 months after baby was born); she also worked for a charity. And she definitely got all her mat. leave, plus redundancy money, plus unpaid holiday; definitely talk to CAB, SAM29!

Sam29, don't know my law but this doesn't sound fair to me either. Good luck with the CAB or similar.

xxxx 'em Sam29... get legal advice and, if all else fails, tell them you're going to the press who will love the story about the children's charity that shafted a pregnant mum and her unborn child.

Oh nice one Willow. Plenty of journalists on here who could do the article.

Good threat, Willow! Sam29, it always makes me sad when a charity treats its staff so shoddily - I used to work in the voluntary sector and its HR policies are often a disgrace. Apart from the CAB advice, which I'd heartily endorse, I suggest you look at the list of trustees and see if any of them have a particular interest in babies, maternal health - or are parents themselves (a distinct possibility, I'd have thought). IF it turns out that neither the union nor the CAB can help, a well-worded letter to such a trustee might help you.

I'd seriously question whether they are acting within the law - you should still get SMP as long as the redundancy is later than the 15th week before your baby is due. Try this (page 55) , or the Maternity Allinace factsheet . It does look as though legally they only have to consider you for other vacncies until the actual redundancy date though.

Sounds very dodgy to me, particularly about the redeployment. If they are offering redeployment to non-pregnant staff, they can not refuse it to you. If they offer redeployment to non-prgnant staff and not to you, they are discriminating against you. If however, they are not offering redeployment to non-pregnant staff, I imagine they are within their rights not to offer it to you.

I was made redundant wef 31/3/99 and started my maternity leave on 15/1/99. Now, I don't think I was paid SMP after 31/3 - in fact the way my package was worked out, I don't think I was paid SMP at all... I was originally going to be paid my full salary for the weeks of my maternity leave up to 31/3 until HR decided it was more advantageous to me for tax reasons to have the equivalent amount paid (tax free) in lieu of notice. I think they were very wary about the whole idea of making women redundant whilst on maternity leave for legal reasons. This was even though mine was voluntary. As it happens, they also paid me a "retention bonus" every fortnight from when I could legally start my maternity leave to when it actually started to stop me saying "stuff it!" and leaving them in the lurch. I see now that I was very, very lucky.

Definitely visit your CAB and see what your union comes up with.

Good luck.

Sam29, BAD, BAD, BAD employers and an incompetant head of personnel! of course you are entitled to the statutory maternity pay for 18 weeks it is your legal entitlement! and also they MUST offeer you any alternative work if there is any available. Definately go and see a CAB or law centre and get them to write a snotty letter. Also, go and see your GP and let him/her know what is going on as they should know if you are under stress at work during pregnancy.

Listen to Sis - she's the expert!

thanks janZ!

Thanks to everyone on this. I particulurly liked Willow's suggestion of the media though may wait until actually been made redundant in case they take out disciplinary on me. Still no news, apparently it is in the hands of personnel so we will see how much they value me and need me to stay. My line manager did say that if I ended up going off as of Dec (11 weeks before) then they would have to look at bringing in someone via an agency. If they can be bothered to do the maths I'm sure they'd work out this would actually cost them far more than if they do what I am asking! honestly........... you have to wonder!
I have got hold of that leaflet from Mat. Alliance and you were right, it is v. useful so thanks for that, x
Should know one way or another within next fortnight so will keep you all posted.

Sam29, Personnel Depts often need all the help they can get so tell them(or your line manager) about the maths - don't forget to give 21 days notice of starting maternity leave. Also let them see the Maternity Alliance leaflet. Vague references to sex discrimination claims often wake people up too - especially as there is no upper limit on the amount a tribunal can award for a successful sex discrimination claim...

BTW, don't get too serious about the sex discrimination claim as they are unbelievably stressful (as other mumsnetters who have made a claim will verify!).

Good luck!

Well, yet more developments in the ongoing saga of crap employers.
Latest is as follows.........
as we are all on redundancy notices which kick in on 31st March '03 there are loyalty payments worth one months pay to encourage us all to stay till the end and not bugger off elsewhere. I queried if i would be eligible as am obviously staying loyal in that am not leaving my employer but would obviously not physically be there as will be on mat. leave. Was told today that as long as I stay until early/mid feb (when was originally planning on starting my mat. leave)then I will be eligible but if i go off as of Dec. (which I may have to if they don't play ball re. mat pay and the other disputed issues) then I will not qualify as I will have "chosen" to go earlier! Talk about blackmailing me to stay! And still no answer as to the other issues they are supposed to be sorting for me. The only way around this is apparently if my midwife signs me off as no longer capable of work as then i am not "choosing" to go!
What do you think the chances are of persuading my midwife to sign me off from 11 weeks before due to stress at work?

Would have thought your midwife or doctor would be happy to sign you off in those circumstances. Worth a try at least. Would also strongly advise you getting legal advice in case they try to pull a fast one with benefits and bonus.

Would midwife not object to me getting signed off just to help me secure our finances though?! Although have to say the stress of all this is not exactly doing me any favours!

Well I wouldn't exactly put it like that ;o)

I would just outline the situation and say something along the lines of how much strain it's putting on you, and how you don't know what to do. Look harried grin. I can't see that there'd be many midwives who wouldn't be sympathetic, even the most hardened ones!!

Midwife cannot sign you off. Has to be the GP. If you were off sick from 29 weeks, that would automatically become maternity leave at 34 weeks if it is a pregnancy related illness you have. I think it could be argued though,that you would have been signed off with stress, pregnant or not, during theses difficult times.

Have had chat with midwife and am booked in to see the gp she says is most likely to be sympathetic to this kind of thing on Friday so will practise my stressed out face!

cheer good luck! Let us know how you get on!

Anyone going off on maternity leave is entitled to the same rights as everyone else. You are still working within your normal terms and conditions and should not be discriminated against. If the company is paying a loyalty bonus they must have written terms and conditions of this, ask for a copy (you are entitled)if they have done thier homework there should be a section on mat leave and how it applies if not then you have right to recieve this payment. Check out DTI web site on redundancy most of you questions will be answered here.