Its likely I will be told I'm being made redundant on my due date. Please can someone help me stop worrying!

[iwouldgoouttonight]

We've been told that all our jobs are at risk but only nine people will actually go and we'll be told in Jan (on my due date!). We've had a hint lately that it might be our dept that is going as we're not making any money. Its sooo frustrating as someone obviously knows but won't tell us and we're just left hanging on and feeling stressed.

Trying to get info out of our HR dept is a nightmare so just looking for information/reassurance while I'm waiting for them to get back to me. I'll be on maternity leave and have said I'm going to return to work in May. If I lose my job would I still get statutory maternity pay until May? If so, should I change my form and say I was planning to take a year off so I get maternity pay for longer?

I'm just so worried, I have a two year old DS and a new baby on the way, no idea how you'd supposed to start looking for a new job while looking after a new baby. DP is self employed and works really hard but his salary still wouldn't cover our mortgage and bills on its own.

From what I've read I can only claim either maternity pay or income support (£60 something a week) and no other benefits, so unless I could find a new job quickly I would have to take DS out of nursery (he goes two days a week at the minute - £70 a week), and then if I did get another job he will have lost his place as there is a long waiting list and he will be unsettled having to go to another nursery. Also i'm really lucky with current job in that I work four days a week, some days from home and can cycle to work. Its unlikely I can find another job that close and flexible so may have to buy a car and work five days a week, in which case will hardly see my children.

Sorry for the long rant, I'm in tears and don't even know whether I'm going to lose my job or not! Just thinking through what would happen if I did and I'm really worried.

Sorry to hear this iwould. Please try not to worry.

Two important points.

One - you will get statutory maternity pay for 39 weeks regardless of whether you are made redundant or not. That is your entitlement and as long as you are employed at 15 weeks before your due date you've qualified for it and nothing can take it away from you.

Two - as a woman on maternity leave you get priority for any suitable job anywhere in the organisation. If a group of people have their jobs at risk but not all of them will go, that means there are some suitable jobs available, and you must be offered one if any of them are suitable for you. It sounds as though there will be a job that is suitable for you, is that right? You can't be made to compete for a job and can't be up against anyone when it comes to selection for redundancy. If there is a job there, it's yours, simple as that.

The second point is vital but goes against normal principles of employment law so it wouldn't be that shocking if your employer hasn't realised it. You should check that they know a job must be earmarked for you if there is one that's suitable and make sure they do know and factor that in when going through the selection process.

I am assuming that on your due date when you are supposed to hear either way, you will be on maternity leave. You don't get the extra protection if you are pregnant and at work, you need to be on maternity leave, so make sure you are, including bringing date of leave forward if necessary.

Thanks for your comments flowerybeanbag. I am the only person doing my job in the whole organisation so it's unlikely there will be another suitable job for me, as I'm in quite a specialised area. If there was a less qualified job not in my normal area of work, e.g. a job in the admin dept, would I get priority over people made redundant there for one of their jobs even though they are obviously more experienced than me but I could do their job (with practice!)?

I'm actually taking maternity leave from my due date as I've got lots of annual leave to take before then, so actually stopping work four weeks before due date. They will let us know who is likely to go in the week ending on my due date, but theere is then a 30 day consultation period so I will definitely be on my maternity leave then. Do you think I should move my maternity leave to start it earlier just to be on the safe side?

A suitable alternative would have to be on no less favourably terms and conditions, and the work involved must be suitable for you. If it's a different type of work entirely and at a lower level then it possibly wouldn't be a suitable alternative, no. although difficult to say exactly obviously.

But you get your SMP regardless. In terms of whether you should bring your mat leave forward, you could do, if there's a possibility that there might be a job you would consider as suitable, making sure you are definitely on maternity leave and get that extra protection wouldn't be a bad idea. The only question then would be your holiday. If you do end up leaving employment you wouldn't lose it as your employer can and should pay it to you. If you stay employed and take a long maternity leave, there's a chance you might lose some of it, depending on when your holiday year is, as your employer can't then pay you in lieu of holiday missed.

Regardless of whether your own opinion is that there is unlikely to be anything suitable, I still recommend you flag up the extra protection, although you could do this when you are consulted if you don't want to give them any excuse to bring things forward so the extra protection doesn't apply.

Hi

I'm in a similar position re redundancy. My full year of mat leave will be up on 4 june 2009 but I have been told unofficially that my role has been made redundant. They do have another equivalent role to offer me but there has been a hint that this may only be open to me if I go back to work in Mar 2009. Are they allowed to do this or should I be entitled to take that role but once my full mat leave is up? I'm trying to organise childcare/nursery places at the moment and returning to work in March puts more pressure on finding a nursery place sooner.

Any advice would be greatly appreciated!

If you are made redundant while on maternity leave, they must offer you any suitable alternative employment available, which presumably would mean this other job.

The fact that you may not be able to take up the other job immediately because you are still on maternity leave is irrelevant.

The only way they could do what you think they are doing is if they make you redundant at the point you are due to go back, and if the other job doesn't happen to still be available then because it's been filled. But if they've told you that your original role 'has' been made redundant, they should be confirming to you now what role you are now in.

What do you mean when you say you've been told 'unofficially' that your role has been made redundant?

Thanks for the response flowery. Basically, I haven't been told formally by my HR manager that my current role is redundant but my line manager has said that the position is redundant. There are a lot of factors relating to this other role in that the vacancy won't be available until March when the current employee is expected to be promoted to my line manager's position. It is my line manager who is leaving in March and wants to resolve the situation so that her position and the one below are both filled.

Sorry, does that make it any clearer?! My post-baby brain is still all over the place!

Well it sounds to me as though you've been notified that the position is redundant, doesn't matter whether it was HR or your manager telling you.

Sounds like your manager hasn't used the correct legal process either. It's not on for you to be told you are redundant but not have any formal communication or reassurance as to what is happening to you.

I would be inclined to write to the HR Manager. Say something like;

'I have been informed by my line manager xxx that my position is now redundant. As you may be aware, as a woman on maternity leave, I am entitled to extra protection from redundancy, and have the right to be offered any suitable alternative employment available.

My line manager has informed me that xxx position is available, or will be in March, and is suitable for me. Please write at your earliest convenience confirming the redundancy of my existing position and also confirming my transfer into xxxx position as described by my manager as suitable, or confirming which other suitable position you are offering me.

I am disappointed to note that as yet the statutory process necessary for redundancies has not been followed, and would hope that on receipt of this letter you will take appropriate steps to ensure that the process required by law is followed immediately.'

Something along those lines. Sounds as though your line manager doesn't know what she's doing but it's not fair on you and is risky for the employer, so HR need to know.

Thanks for the advice flowery - greatly appreciated as the company guidelines are not v specific in relation to redundancy.

No problem.

For basic stuff on what must happen legally when there's a redundancy situation have a read of this section, just so you are aware of what should be happening in terms of legal process and what you are entitled to in terms of pay and consultation.