Maternity Pay/ Redundancy notice

[GYoIsReallyHavingABaby]

Hello
Wondering if any one has experience of this?

My company (huge global organisation) is running the second round of redundancies since September 08.

I am now on maternity leave and I am being fully paid for 39wks. I am due to return in December.

I know I am very lucky to have such benefits but Im wondering whether, if I was made redundant, they are obligated to pay me to the end of my maternity leave on top of the redundancy pay off (again is generously more than the statuatory payments)

The info I can find online seems to relate to when employers are not paying their employees full salary.

I've worked and given what feels like my blood to this company for the last 6yrs and I'd really like to take 9months off to care for my baby as per my expectations.. but Im afraid this wont be possible (before I get eaten alive, I know I am very lucky!!)

the other thing I should add it that the work that I do isnt a set role but consultancy type stuff. So there are a bunch of people currently "unassigned" to projects etc, people doing projects and then people like me on maternity leave.

Its not like a normal situation whereby there is a someone doing my job until I return as we all move about doing different things.

I wouldn't have thought so. Maternity pay over and above statutory employers can basically put whatever terms and conditions they like on it, and I would imagine you need to be employed to receive it iyswim? Not to say they won't pay it as part of a redundancy package anyway, but otherwise unless their terms and conditions are very poorly drafted, there is no legal compulsion for them to do so.

Thanks Flowery, I thought that might be the case.

INterestingly if they run the process as they did in september time they will do it based on performance ratings. Given that I was subject to some bullying by my line manager that included various threats about not having a job to come back to, women getting far too much maternity leave, him bullying me outright infront of colleagues etc. This also resulted in him giving me very average performance ratings (wasnt a suprise) when i've previously done much better, i'd probably raise this if they tried to make me redundant. While I didnt do a formal grievance in january (as I am just about to have the baby and didnt want to add stress etc) I did log all of the incidents in writing with my mentor so would raise it again as ground for being unfairly dismissed.

Being away from the office at a time like this seems very isolating...

thanks again.

Your performance ratings shouldn't be an issue. As a woman on maternity leave you get extra protection from redundancy. It's still obviously possible to make you redundant, but if there is a position that is suitable, you must be offered it over and above colleagues. So if there are x positions and decisions are being made about who will fill them based on performance, attendance, disciplinary record or any other criteria, that shouldn't apply for you. If there is a job that's suitable, you shouldn't have to compete for it.

OK thanks Flowery. I will just sit back and wait now. Nothing I can do and I should really focus on my baby, which is due today

thanks for your advice.

Ooh exciting, yes go and have a hot curry or something rather than mulling on your maternity pay! Best of luck

GYo, check with your HR department. I am in a similar situation - I am due to go on mat leave in the middle of April but last week we entered a period of consultation for redundancy in our department. I fully expect to be receive notice of redundancy on 5 June when the period of consultation ends. However, I have been assured in my one to one HR meeting that the company (v large company) will pay my full mat entitlement (13 weeks company mat pay, 26 weeks smp PLUS the discretionary back to work bonus) as well as my more-generous-than-stat-package redundancy pay.
Your company might not be legally obligated to pay up your full amount but if you take into account the goodwill aspect and the length of consultation that might be required, you might find that they are willing to give you the full package.
Best of luck, it's very stressful, I know!

thanks super- I will definately ask the question. Feeling a bit torn as I dont want to get stressed by it right now. Might wait til after i give birth then do it (although time will be less!)

Good luck to you too.

Can I ask a further question linked in to this thread? I am in a similar position. My consultation period started last week to reduce the number of roles at my level from 16 to 6. I am due to start my mat leave on 31st March. As I am not currently on Maternity leave, but will be before they are able to serve me notice (but after consultation starts) will they still need to offer me a role above others? If not, I fully expect (and have been led to expect) that my redundancy pay will be on top of the maternity pay I was to have got anyway.

epyrarw it doesn't matter that the consultation period has started already, if you are on maternity leave when your employment would end, that's the key. So they should be taking that into account and offering you one of the roles.

So obviously that means that redundancy shouldn't be an issue for you, but you are right to assume that, should you be made redundant, you would still be entitled to SMP for the full 39 weeks even if your employment ends.

Thank you. It's useful to have a good understanding of my rights if it comes to a fight (which I hope it won't!).
Either way, it should be a good package, so I'm not too worried, but it's good to know my options.