Redudency while on maternity leave

BruTamUK_2

Hi,
My wife gave birth just 4 weeks ago and last week she was given a skills audit to decide which 2 of 6 employees will be made redundent.
She works in a school as a teaching assistant and has been there longer than anyone else (10 years). She is one of the most qualified and highly skilled but hasn't been able to give enough time towards the audit. She has been told by the head that the decision will be made totally on the skills audit. All the other TA's have spent 12 hours plus writing theirs with help from colleagues. She has had communication with the head just to explain what is happening.
Since having the baby, we have been back in hospital with suspected meningitis and feeding difficulties. We had only been home 10 days when she was given the audit to be completed within a week. My wife has struggled to settle at home and just hasn't been in the right frame of mind to complete the audit as she would of liked. She also feels like shes "out of the picture" not being at work.
She has written a statement on the end of the audit explaining her feelings and that she doesn't feel like she has completed it to the best of her ability, but is still worried sick that she will be chosen for redundency.
The other thing is, both people chosen wont actually leave until september term starts. The head has said it is going to be really difficult having to work with someone up until then knowing what has happened. This would make it easy to select my wife. They wouldn't have to face her again.
They said that if she is selected, she will receive a phone call on Monday to tell her. If she hears nothing she's ok!
We really cant see how my wife could be selected as she is highly skilled, easily in the top 3 but we have this horrible feeling that because of her situation being on maternity leave, it will make their decision easier.
What will happen to her statutary maternity pay and occupational maternity pay if she is chosen? She is due to go back to work in November. If she hasn't got a job to go back to will she have to pay it all back?
Thanks.

fuzzybear01

If she does get sacked then you could try taking it to a tribunal for sexual discrimination. It's not fair to discriminate against someone for being pregnant.

http://www.amicustheunion.org/Default.aspx?page=2595

No she will not have to pay it back. She is still entitled to her SMP

BruTamUK_2

Thanks for the link. Some good info there.
My wife does have a good relationship with all the staff at the school but just feels so out of it not being there right now. She's just dreading the phone ringing on monday.
Not the happy start we expected to our first baby. I think this has set my wife back since the initial problems just after birth. The past few days, she just keeps crying because of it.
Thanks again.

Lanz81

i'm so sorry you are going through this its the last thing you need.

I am due to give birth in 8 weeks time and my OH has just been made redundant!

This doesnt seem right and they are very brave. The reason I say this is because I work for a very large finance company and they never touch pregnant women or women on ML because there is just too much of a risk of being taken to court.

Hold out to find out whats going on (good luck) but if she is made redundant take them to a tribunal and take it all of the way as it is discrimination especially seeing as she is such a good work etc.

Best of luck and I hope your new baby xxx

sysadmin

Really hope she doesnt get that call today -

Can i ask, is this a private or public (government funded) state school?

I can only assume that its not a govermnent school as i've not heard of any school staff being made redundant.

Kind of makes me a little worried as both myself and my partner who is 6 months pregnant work for a school...

BruTamUK_2

sysadmin wrote: »

Really hope she doesnt get that call today -

Can i ask, is this a private or public (government funded) state school?

I can only assume that its not a govermnent school as i've not heard of any school staff being made redundant.

Kind of makes me a little worried as both myself and my partner who is 6 months pregnant work for a school...

Public funded. School intake in September is considerably down on last year. They have to cut 1 full time teacher and the equivilant of 2 full time TA's.
The forcast for the next 5 years is low intake also.
Notts County Council by the way.

twinmom04

it's totally unacceptable that they have put her under this stress.

someone i know was made redundant from her job whilst on m/l as she would not go into work to be assessed (m/l is there for a reason!).
She took the company to court and they found in her favour.

to asses her 4 weeks after the birth is a disgrace! my baby is 6 weeks and I wouldn't be up for an assesment.

twinmom

BruTamUK_2

Thanks for all the replys.
My wife had to call the head teacher late this afternoon as she hadn't heard anything. Luckily her job is safe.
Feel really sorry for the two who have been let go though. One wasn't in work this afternoon as she had to go in hospital. She hasn't been told yet.
Just feel relieved now though. We can get on and enjoy life wth our baby boy.
Thanks again.:beer:

fuzzybear01

Great news !