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Redundancy while on maternity leave

2 replies

ImpatienceOfASaint · 12/12/2023 14:19

I am getting myself into a real pickle and wonder if anyone can help. I'll try and give as much detail as possible without being too outing.

The company I work for used to be a small family run business, but got bought out by a huge group last year. The business integrated fully within the group just before I went on maternity leave. In the time since being bought out, the company has gone from 100+ members of staff, to less than 10 due to a combination of primarily redundancies, and others leaving due to changes and it being a dreadful company to work for.

The team I manage have all left while I have been on maternity leave, and my cover was never arranged so the department is currently not trading at all. In the system changeover, there are no systems or tools for me to be able to physically fulfil my day job, and as mentioned there's no cover, which means during the KIT days I've done (earlier than I'd have liked to due to worrying about what's going on in my absence), I have just been dealing with client complaints. There's never any progress in getting the tools in place, and I believe my role and department are effectively redundant. The company is also falling into industry wide disrepute due to no responses as there is no team in place.

Alongside this, I received a blanket email notifying me that the office I usually work from has now closed. The office was 10mins from my home, and I have always worked 2 days in the office and 3 days WFH. Apparently the new expectation is at least 4 days in the office, which is now 1hr40mins from me.

Where do I stand with this? I'd like to be made redundant as essentially I have no role to go back to, and also the new workplace isn't suitable for me at all. If I get made redundant, what will I be entitled to? I understand the redundancy pay of a week per year worked, my accrued holidays, and that the remainder of my SMP would be paid as a lump sum. Would I also be entitled to my 4 weeks notice on full pay, or not as I am on mat leave?

Does this sound like I have grounds to pursue further legally in terms of breaching the terms of my maternity leave? The way I see it, I don't have the same/similar role with same or better benefits to return to.

Sorry for being a little vague on some points, I am nervous to be too detailed in case this gets picked up on by my organisation. Thanks in advance!

OP posts:
flipent · 12/12/2023 14:36

I would recommend giving ACAS a call. They should be able to help you work out the best route for you and they can offer mediation with your employer too.

Sisterpita · 12/12/2023 16:37

@ImpatienceOfASaint I agree to talk to ACAS and also pregnant then screwed.

This definitely sounds like a potential redundancy situation as your job no longer exists at the original location. If others were doing the same job and then were made redundant you should have been included in the consultation process.

I am not sure this is a breach of your SML. As I understand it you are still on SML so you do not have to do KIT days, plus your employer has to agree them.

WRT entitlement, you are entitled to :

  • the rest of your SMP, this can be paid in a lump sum
  • any occupational maternity pay up to your last date of employment
  • annual leave calculated to your last day of service
  • statutory redundancy pay calculated to your last day of service
  • full pay for your notice period.
  • If you can and want to take your KIT days on the one WFH day you are permitted.

Note: You will pay Tax and NI on lump sums of SMP etc. this can result in an overpayment so contact HMRC for a refund.

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