Girl on EML wants voluntary Redundancy!

Employer4

Hi, I am an employer with a girl on EML extended maternity leave, she has asked me to make her redundant so as she will not lose any benefits, (mainly because I cannot accommodate her flexible working request.) I had a temp to cover her OML and EML till christmas and I have this week employed another temp to cover her old hours until her return date of march 23rd..................Can I make her Voluntary redundant? Will she lose benefits if she resigned instead? Has anyone else experienced this? BUT most of all ..............Am I leaving myself open to a tribunal case if it goes bad?
Confused Employer

briona

TBH I think you would be leaving yourself open for trouble here.

You make POSITIONS redundant not PEOPLE. If you made this position redundant, on the grounds that there was no longer a need for the role or it that was no longer financially viable to keep the position, how could you justify employing someone else in it?

Perhaps you could come to some kind of compromise agreement, whereby she still resigns but gets a couple of month's salary, which might tide her over for a bit in the event that she's sanctioned by DWP for leaving a job...?

sammyjammy

I agree with the above, what if she came and made an accusation that you made her redundant because of her request/maternity leave etc, you wouldn't have a leg to stand on if someone else is then doing that job.

If she wants to leave its not your fault if she would lose out on benefits (it would only ever affect her personal benefit)

jacklink

i very much doubt she would be penalised anyway, due to baby and all the benefits she will get, they cant penalise her, they may threaten but i doubt it will be carried out, this is her problem not yours. dont make it your problem. business is business you shouldnt feel that you have to ask this question.