Is my wife still entitled to her return to work bonus if she is made redundant?

[jakesdad]

My wife has recently (December) returned to work after maternity Leave.
She has included in her maternity package a 'return to work' bonus of twelve weeks salary paid in six equal installments on a monthly basis.
As is so common at the moment the firm has been making redundancies over the last few months and my wife was called into a meeting along with some colleagues and warned that they could be facing redundancy and will know in a weeks time.
The conditions for her to receive her bonus are clearly stated in writing saying that she must complete 18 months employment with no unauthorised absences etc or she will enter a claw back period. It also states that the bonus will be stopped if her employment is terminated under disciplinary procedures. It does not however mention anything about redundancy! She has worked for the firm for over three years and will receive and fair payment if she is chosen but we are unsure where she would stand in relation to the bonus, obviously she had every intention of staying the required time to receive it. Any ideas?

The meeting was today (14/1/09) btw

to clarify, the bonus payments start at the end of the first full month after the return to work date, in our case that is January 2009.

It sounds as though the terms and conditions were badly written, but as there is a requirement to complete 18 months employment she won't meet the terms so I would imagine she'd have difficulty claiming entitlement to it.

They have chosen to specifically mention termination by effect of disciplinary procedures, but should she attempt to make some kind of claim for the long term bonus, I don't think she would get anywhere with it unfortunately.

Redundancy payments are clearly set out and are not intended to compensate for any loss resulting from the redundancy.

At my work, if you are made redundant the full returner's bonus is paid as a lump sum on the date you leave the company.

jakesdad is there a redundancy policy where your wife works, and any redundancy package offered over and above the statutory rate? You may find, as in trixy's case, they do pay the bonus anyway.

Flowery -- but maternity leave doesn't affect continous service. She has worked there for 3 years, so would fulfill the criteria of having been employed for 18 months...

I don't understand

I did get my returners bonus, even though I was made redundant, but it was stated very clearly that I would in my contract.

I would assume the requirement is to complete 18 months employment following return from maternity leave, otherwise it will be clawed back. If not, it would mean that anyone with enough service who returned for even one day after maternity leave would be entitled to it even if they immediately left employment.

Oh I see!

Wow -- that's badly worded!

I'd call ACAS (assuming your wife isn't in a union as you haven't mentioned it) and ask. Or the Equalities Commission.

Indeed!

Thanks everyone. Its a sticky one. My problem is that if she is made redundant (which she may not) she loses out on a considerable amount of money through no fault of her own. We have been careful not to spend it before we have it but still, it would be bloody useful.

The 18 months is from her return and she is not a union member. There is no redundancy policy mentioned in her contract. will try equalities commission. Hr are being vague