help please - sorry a long one

teeandrew

I am currently on maternity leave and have been told that I am to be made redundant due to the relocation of our office. In my last interview I was offered 7 weeks stat pay and 7 weeks enhanced. I have a few issues (will try and keep them short)

• I have not been offered any alternative despite the 2 other office based people being told they will be working from their home. Throughout my maternity leave I have worked from home (initially I agreed with the old MD I would do the month end accounting, but it’s worked out that I have been working 3-4 days, partially through feeling pressure to)
• Before I was officially told I was to be made redundant I was told that if I stayed to the very end and assisted with the draw down of the office and assist with the relocation I would be “looked after” and that he would do everything to help me find alternative employment.
• In my first interview I was told I would be entitled to the 7 weeks stat and if I stayed to the end an additional months salary. During this interview I mentioned that I was unhappy with this, in light of receiving a document showing that all other managers last year were paid a bonus and that I was the only manager not to be offered BUPA for my family. I said that I felt I have been treated unfairly. I was asked what I thought I should get and mentioned that I had heard of people getting 1 months salary per year worked.
• Second interview I was told there is no such thing as a “golden handshake” and was offered the 7 +7
• My contract makes no mention of redundancy but I do have a non-compete clause which pays 2 months salary.
• In the document I was sent which shows the bonuses for last year completed by old MD I was down as Office Manager, title input by new MD shows me as Admin and that he is recruiting a Finance Manager. When I spoke to him about this he said he had seen no evidence that I was ever a manager and that even though the Finance Manager would be carrying out what is now my old job he would also be doing the management accounting (I am not qualified to do so)

A friend has told me to submit a grievance re the bonus and Bupa but I am not sure what this would achieve. I am very unhappy that after sacrificing my maternity leave and putting in 7 years of hard work I am getting very little from them (am I being unreasonable) I don’t feel as though I am being “looked after”

Can anyone suggest what I should do?

Pete111

Speak to a lawyer. This one has 'company screw up' written all over it.

I think you have sex discrimination and equal pay discrimination on the table for starters and thats before you get into any failings re the actual the redundancy process.

P

teeandrew

Thanks Pete!

I think I will contact a lawyer, I just don't want to go down that route only to be told that I have no case.

savingholmes

I agree with Pete - see if they will give you some initial advice for free or on an hourly rate. An employment solicitor will usually charge somewhere between £170 and £220 per hour but if it gets you thousands more it can be worth it... Usually initial advice shouldn't take long...

teeandrew

Update

Finally been given written notice of redundancy - a month after I returned from maternity leave, does this mean they are off the hook wrt having to offer me an alternative position? (temp who covered me has been given a job down in the new office)

They have offered me a comp agreement - including the bonus I didn't receive for the last 2 years and about 1k more - I don't think this is worth signing but I am not sure now if I have a case for unfair dismissal or the likes. Any suggestions?

CFC

Remember that under redundancy rules, unless your contract specifies it, you are only entitled to stat. redundancy. Compared to that, are they offering you a good deal?

On what grounds do you feel you may be being unfairly selected for redundancy - is this because of two others being retained? Do they have the same job title as you do? Is it only your job that is being made redundant?

mttylad

As this has been finalised after your maternity leave then it may not be as unfair.
ISTR that when reading my redundancy docs pregnancy & maternity leave was a bar to redundancy.
This is no longer the case though, your employers have been reading up on it, it seems.
try googling redundancy & maternity lave etc.

you get hits like this

jobbingmusician

I'm not so sure you don't have a case. You say the temp who covered for you while you were off is being kept on? Your post isn't redundant then, is it?

Worth speaking to an employment lawyer IMHO....

Pee

It is def worth speaking to an employment specialist.

kateab

http://www.rjw.co.uk - go to the EqualityXpress section and fill out a form. They will ring you and give you advice based on the info you give and tell you if they think you have a case or not.

kateab

getmore4less

On the payout, it is fairly normal to include the stat in enhanced payouts.

Are they offering you 1 week per years stat(capped at £350) + 1wk py full pay as an enhanced payment then that is an ok deal more than stat as long as you get a PILON on top of another 7 weeks(stat notice of 1wk per year), otherwise you are just getting stat payments with no enhancement at all.

If they are making good all previous bonuses and a bit more on top, you have to decide if a tribunal would give you more if you had a claim on just money grounds since the old bonus payment may be outside the time limits for making claims, depends when you actualy found out about them.

If you are not happy with the consultation process and selection, aggree with the others time for some legal help

Do you still have contact with the old MD handy to back up any discrepancies in the company records of your previous/current positions.