Mat leave redundancy

[badacent]

After a handhold here more than anything, and potentially stories of success, but I've been made redundant on maternity leave and am really struggling with it mentally. Is is clearly a situation where they just want to get rid of me (I have evidence to disprove their reasonings so it's clear discrimination), but I am finding it so hard to cope with the bullying and victimization they're currently making me endure. We previously had what I thought to be a good working relationship (senior role working closely with the MD and other directors).
I have an excellent lawyer on my corner but obviously she's expensive so I'm trying to keep communications with my work place myself. I know the answer here is to stop taking this personally and to stop mourning the loss of my job because work have shown themselves to be real bastards, but this situation really is shit and I want them to be held accountable (as well as protect myself financially now I have to look for a new job in a difficult market).
I know multiple women going through this right now, it never gets easier does it?

Has anyone got any positive stories of coming out the other end of this kind of situation with a fair settlement without their MH in tatters? It's put such a downer on this time with my lovely new baby.

@badacent I’m sorry that’s really awful of your employer.

Have a look at the website Pregnantthenscrewed.

There have been at least 2 posters on MN who did get a relatively positive outcome but it took a long time and was stressful.

I am going to be really honest with you, as an HR professional I always advise that it will be a long and stressful process to resolve legally. It is always stressful for all parties. If you get anywhere near a fair settlement £ then often it is better to take it.

My advice:

• Draw up a time line and document evidence.
• Keep adding to it e.g. each time they bully or harass you.
• Work out £ lost wages/mat pay
• Work out statutory redundancy £
• Work out annual leave £ (remember it accrued whilst on mat leave)
• Keep an ongoing tally of costs
• Get legal advice
• Put in a SAR (take legal advice)
• Get copies of grievance, discipline, maternity, redundancy and B& H policies.
• Consider getting counselling now rather than when you feel you need it. This can help manage the stress etc. and allow you to enjoy time with your baby.

If they dismissed you whilst receiving SMP they are legally obliged to pay your full SMP but can do this in one block. If they stopped paying SMP you can report to HMRC/DWP.

HTH

Thank you @Foreversearch! I have done everything you suggested (PTS were incredibly helpful when it came to moral support) so I am happy that I've ticked all the boxes. Counseling is a great shout; I feel so absolutely helpless and worthless in this situation. And so cross they've made me feel this way in their disregard for the law - there's no sympathy from them, no admittance of wrongdoing, no humanity in this situation. I love my job and career and it is so anger-inducing that I've had it taken from under me because I chose to have a baby. And so unfair that employers have no consequences for their law breaking unless the (vulnerable) woman spends their own money, time, and exhaustive emotional energy holding them to account.

But I will persist!

One question: if I'm getting paid PILON would I still be due my lump sump of SMP? I'd read a couple of threads here that suggested if your paid your notice period then you're counted as having gone back to work so you would no longer be eligible for SMP.

@badacent In all redundancy situations I have dealt with we have paid the full SMP as a lump sum plus PILON. However, we were a good employer and were making everyone in a team/location redundant and wanted to be fair.

I have a feeling they have to pay SMP but can offset it. I think the rational is you are legally entitled to SMP and normal pay as PILON, so your employer can just pay the difference. It is outside my personal knowledge so ask ACAS or PTS.

What you can do is contact HMRC to see if you are eligible for a refund if NI & Tax.

Very useful - thanks @Foreversearch

I’m in a similar circumstance and my employer thinks they do not have to pay SMP beyond the point they let me go- I think they are wrong as I have been employed for almost 3 years and I am 35 weeks pregnant so well past the qualifying date!

Can I ask what PILON is? Is it the enhanced occupational maternity pay element?

@BackOfTheMum5net PILON is pay in lieu of notice.

Give your employer the following link https://www.gov.uk/guidance/statutory-maternity-pay-business-changes-that-affect-payment. It’s clear they have to pay all your SMP.

Thanks @Foreversearch . I could understand the error if I were working for a small company with few employees - but I work in local government and this advice was given my a HR Associate!

Chat with my union rep in the morning I think…

@BackOfTheMum5net you might also want to point out they can claim 92% of SMP back from the gmt . https://www.gov.uk/recover-statutory-payments

I say I thought that was the case… HR were unaware! 🙄

Just to say I’m out the other side of all this OP. I didn’t get made redundant but after telling my employer I was pregnant again i was told to resign or they would make my life hell. It was brutally stressful but I got a settlement and I’ve now got a much better job. Don’t let the fuckers get you down.