Redundancy whilst on maternity leave

lush_walrus · 14 June 2017 at 8:05PM

The situation for you is not that you are entitled to any preferential treatment, you are not, that would be discriminatory against your other colleagues. it is purely that as you are on maternity leave and therefore not in an active role, your role can not be made redundant - you aren't doing it to not be needed.

If all of you were being made redundant that is a different circumstance altogether.

Masomnia · 14 June 2017 at 11:08PM

lush_walrus wrote: »

The situation for you is not that you are entitled to any preferential treatment, you are not, that would be discriminatory against your other colleagues. it is purely that as you are on maternity leave and therefore not in an active role, your role can not be made redundant - you aren't doing it to not be needed.

If all of you were being made redundant that is a different circumstance altogether.

Ignore the above, Sangie is right.

If you want to leave anyway this is your leverage. You're legally entitled to the role... but what would they offer you if you did choose to accept redundancy and sign a settlement agreement? This is what I would be asking in your situation. As I say if you want to leave anyway and they are willing to sweeten the deal it could work out well for you. Good luck anyway!

getmore4less · 15 June 2017 at 5:31AM

Also any meetings should be treated as KIT days and paid appropriately.

sangie595 · 15 June 2017 at 9:12AM

To be honest, the law on maternity leave and redundancy rights is on the internet in many places, and I would have been very inclined to help - if it hadn't been for the comment about keeping quiet and then claiming unfair dismissal because you want to leave anyway! Obviously others are prepared to help you stick it to the employer, but I wouldn't be comfortable doing that.

If you wish to make a claim, there is a requirement to raise your issues with the employer - not wait until they can't undo it and then sneak up. You now know. It is dishonest to say otherwise. And to take a job that you don't want and which will result in someone else losing a job that they do.

There is a difference in my book between standing up for your rights, and deliberately attempting to lead people into a legal claim simply for your own financial benefit without any consideration for others.

firebird082 · 15 June 2017 at 11:15AM

I appreciate that Sangie, and I'm not completely without morals! (just can't help an initial emotional reaction to the situation

). I'm not taking any further action or attending futher meetings until after the baby arrives, and we've properly thought through all the consequences. Half the problem is that I'm struggling at the moment to think rationally about what is best for me/my family, and what I actually want out of this situation - I might feel entirely different after baby arrives. And at the same time, now is really not a good time to be thinking this through when baby arrival is imminent, and I need to be calm and relaxed!

I'm not actually going to be underhand and go for unfair dismissal (really not that type of person!), but I will use the fact that they haven't followed legal requirements to get the best result possible for me.

I have arranged to meet with my colleague to discuss, so we can hopefully come to a suitable arrangement that works for both of us.

getmore4less - That's useful, but I'm still on full pay for the time being, so don't think it counts at this stage?

Redundancy whilst on maternity leave

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