Returning to work part time after maternity leave and redundancy

greenflamingo_2

Hi
Wonder if anyone can help me on this?

Hi
Wonder if anyone can help me on this? My company has a recent history of making women who are pregnant/on maternity leave redundant, whilst obviously not citing pregnancy as the cause for redundancy.

I have begun Ordinary Maternity Leave this week and have informed the company that I intend to return to work. Prior to my return I will be requesting part time hours. As I have worked for my employer for 20 years I am concerned that they will sieze this opportunity to make me redundant after my return to work and base my redundancy package on 20 years at part time wages. Can they do this if I go back on part time wages or do they have to take into consideration that prior to that I have 20 years of full time working? As my redundancy package is an enhanced one I stand to lose quite a lot of money if they base the payments on part time rather than full time?

londondulwich

The reason given for redundancy is a question which a tribunal determines.

The employer may put forward various organisational or economic reasons, but if selection criteria is not objective the reasons offered will not stand.

The reasons "cited" are open to scrutiny and will be tested.

If your employer fails the test, and the real reason is pregnancy, any damages awarded will be based on your earnings for full-time employment.

So, if you are told that you are being made redundant and there is in fact a redundancy situation, your damages will comprise the contractual redundancy package, the loss of future earnings from the unfair dismissal claim and an injury to feelings sum from the discrimination claim.

jerry27

Hi

My wife is in a similar situation;

She has just been notified that she is being made redundant, reason being the company has fallen on hard times and needs to close the branch she is working in.

So the reason for redundancy is valid.

She has been with the company for nine years, 3 years ago she left on maternity leave, she then took statutory leave of a further 26 weeks and came back after this period. When she came back she did only return on part time hours. All the time still under the same contract, which has not been broken but obviously under different pay structure.

Now that she has been made dedundant will her redundancy package be based on nine years on the part time salary, or will she be recognised for the first six years as full time salary and the next three at part time salary??

Any assistance would be great.

Thanks