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any employment experts/sloicitors around???? need advice URGENT.......

29 replies

wantmymoney · 16/08/2008 14:48

OK the basics are I am on maternity leave, officialy ends 21 sept 08. I handed in a letter stating my intention not to return to work at end of leave. I did not need to do this yet, however I felt it fair and right to give employer as much time as possible to find replacement for my position. 4 Days later line manager calls to inform me my position throughout the company has been made reduntant! I ask if I would be entitled to a redundancy package as I have given letter of intentions (I think probably not but worth a try!) manager tells me to call hr dept, hr dept tell me YES I am entitled to package speak to manager to arrange. Call back Manager he apeaks to area manager and calls back (on voicemail)"yes you are entitled to money, waiting on pack to complete fromal paperwork etc, will call you when it arrives to arrange meeting" recieve call from manager today (off the record) he has heard that head of HR is going to get in touch, has been decided I am NOT entitled to redundancy as they cant make me reduntant while on maternity leave, as I have in effect handed in notice wont offer me redundancy at end of maternity leave...in other words 4K was just dangled under my nose and snatched away! HELP! any advice, do I have a leg to stand on???? PS have name changed for this as I am worried a couple of people might know me!!!

OP posts:
wantmymoney · 20/08/2008 17:27

Hi I dont know if there is anyone still around, just wanted to vent I think!!!
HR called (eventually) said job is reduntant not person and that I can retract my resignation but they WILL OFFER a new job role for me!! told her I was told I would receive redundancy package, she apologised for me being given wrong info and will take appropriate action against the poeple involved........and thats that, no money, a job offer I dont want and an apology!!!! OH she also claimed it IS ILLEGAL for her to consult with me while on maternity and has put it in writing officially.

OP posts:
ilovemydog · 21/08/2008 10:29

Hmmm, this isn't making much sense. It sounds like a restructure.

What are others being offered? Jobs or money?

flowerybeanbag · 21/08/2008 12:03

Hr are right to say it's the job that's redundant not the person. As someone on maternity leave, if there is a suitable job available somewhere, you should be offered it.

The illegal to consult bit is crap. But the end result would be the same, if there is a job, they must offer it to you, and in fact it would be illegal in those circumstances to make you redundant.

ilovemydog · 21/08/2008 12:24

The fact of the matter is that they know you've resigned, so a job being made available is not useful, and dare I say the timing is a bit cynical.

However, if others are being offered payments, in conjunction with their failure to consult, may be worth implementing the grievance procedure.

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