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Redundancy on Maternity Leave

10 replies

NellyNoKnicks · 05/12/2009 20:09

Hi there, wondering if I can get some help with this.

Am due back at work on 4th January after 39 weeks of ML and have just received a letter stating that they are making my role redundant and have been invited to a consultation meeting this Wednesday in order to put forward any ideas in which I can avoid redundancy or accept it.

Since receiving this letter I have realised that I would prefer to stay at home with my DS and we may be able to (just) manage on one salary, and am willing to be made redundant providing that I can get a decent settlement.

Can anyone please tell me what I would be entitled to? Can I assume that they would not be able to make me redundant until my return date from ML?

Please can anyone help, as I need to be realistic in what they will offer me?

TIA

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NellyNoKnicks · 05/12/2009 21:01

Please?

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RibenaBerry · 06/12/2009 11:12

If they have followed a fair process, you are entitled to your notice period, plus a statutory redundancy payment which you can calculate here.In addition, you'd be paid out any holiday balance.

If your company has an enhanced redundancy policy, you should check the terms to see what you're eligble for.

A 'settlement' is only made if the company feels that they have done something wrong in the redundancy process. I'd need to know more about your redundancy situation to comment, even in general terms, about whether your employer has done anything wrong here. A couple of initial questions:

  1. You say that your role is being potentially made redundant. Are you the only person in your company/office who does that type of role? If there are others, what is happening to them?
  1. When you have the meeting, let us know whether your employer discusses alternative roles with you. As someone on maternity leave, they have to make extra efforts to redeploy you (hence 'ideas to avoid redundancy'). The onus is on them to come up with these, not you, but if they find something reasonable (i.e. same status, same terms and conditions, similar duties) you may not be eligible for redundancy if you choose not to take it.

Good luck.

NellyNoKnicks · 06/12/2009 11:23

Thanks for your response RibenaBerry.

I am the only person in the company who does what I do and as it is such a unique role I am the only one who has been considered for redundancy

I have been invited to a meeting in order to discuss ways in which I think I could 'save' my role. As far as I was aware it was just to basically plead my case.

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NellyNoKnicks · 06/12/2009 11:27

May I also add that while I have been off on ML I have been doing a bit of work from home for them in order to keep my hand in because I was the only person who knew how to do certain things(unpaid) [mug emoticon]

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NellyNoKnicks · 06/12/2009 11:33

I was just wondering whether they would have to pay me until the end of my maternity leave and then give me my months notice? Or whether they could include my maternity pay in it and pay me that instead of my normal salary as notice?

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RibenaBerry · 06/12/2009 11:41

What they have to pay you for your notice period is pretty complicated due to some funny rules about statutory minimum notice periods. Can I ask what your notice period is and how many complete years of service you have?

If you are the only person in the company doing what you do, are they saying that they will discontinue that work? If not, what will happen to it?

NellyNoKnicks · 06/12/2009 11:47

My notice period is 4 weeks, and in January I will have done 7 years with the company. If they make me redundant now it will only be 6

Basically the workload that my manager and I had has dramatically reduced to the point where it would become more of an admin role whereas before I was delivering my own projects etc. It will be easy for them to now break up my role and have other people do some of what I'd be doing.

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RibenaBerry · 06/12/2009 12:49

In that case your notice period is 6 weeks now, and will become 7 in January. Statutory minimum notice from employer to employee is one week per year of service. Direct gov has details.

Because your notice period is statutory minimum, you'll be entitled to full pay during it IMO - s87 Employment Rights Act. Also on Directgov.

Sadly that does sound like a potential redundancy. Report back after you've had teh meeting and you can see if you can up the exit package if there are procedural mess-ups

NellyNoKnicks · 06/12/2009 12:56

Thanks for your help RibenaBerry. I am ok about the redundancy, now that the shock has worn off, I just wanted to know what I was entitled to and obviously it helps to talk about these things

Thanks again

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NellyNoKnicks · 09/12/2009 22:16

Just a quick update, decided to accept redundancy. It is from 4th Jan so they are paying me for the 7 years not 6.

Thanks again for your help

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