Taking large employer to Tribunal - is it worth risking my payout? (maternity leave)

EmmaMoneysaver_2

Would really appreciate everyones advice - first time I have met redundancy and unsure what to do. I've been on maternity leave for the last 7 months, and was about to go back to work but been told I am redundant. I work for a large corporate. The girl covering my maternity leave on a 6 month secondment has been given my job now permanently and they have window dressed this as a 'senior sales' position (I was just a sales position). They say she is doing 100% of my old role but with additional responsibilities too.

Anyway, they have offered me £18,000 redundancy. This is much more then the statutory £350 a week for every year I have been there (14 years). That only comes to £4900.

I told them it was unfair and they have written to me. The £18,000 is on the table until Friday. After that time they will only pay the statutory minimum and I should let them know if I am filing for unfairness etc.

I feel like they have me where they want me. I can't risk £18,000 as what if I didnt win my case against them. And the cost of the lawyer fees may be so high. But I have been unfairly dismissed and they know it and I know it. Why do large corporates have to win??

Advice would be great,

Thank you.

dmg24

Have you spoken to a solicitor at all about this? You should be able to get a free half hour session, but this may not be before Friday.

Whilst I understand that you do not want to let them win, I would be surprised if you would get more than the £18,000 they have already offered. However, you do need to speak to a specialist that knows the full details of your situation.

getmore4less

Try ACAS to see what they say.

If they go with redundancy procedure you can still take the case to a tribunal even after you have been paid.

They would need to put a comprimise agreement(CA) in place to make that payment stick as a final settlement. That will take time and need legal advice for you which they will pay for.

Unless someone has a better idea if you don't get any legal advice by Friday I would get them to start the process of redundancy to keep the offer open and still seek legal advice to see what sort of payment you would get from a claim.
They are probably aware of the level claiments get so have pitched this close enough to stop you having a go.

Did they mention comprimise agreement yet?


Don't forget you are also due 12weeks notice and accumulated holidays so is that part of the £18k or extra on top?

motorguy

EmmaMoneysaver wrote: »

Would really appreciate everyones advice - first time I have met redundancy and unsure what to do. I've been on maternity leave for the last 7 months, and was about to go back to work but been told I am redundant. I work for a large corporate. The girl covering my maternity leave on a 6 month secondment has been given my job now permanently and they have window dressed this as a 'senior sales' position (I was just a sales position). They say she is doing 100% of my old role but with additional responsibilities too.

Anyway, they have offered me £18,000 redundancy. This is much more then the statutory £350 a week for every year I have been there (14 years). That only comes to £4900.

I told them it was unfair and they have written to me. The £18,000 is on the table until Friday. After that time they will only pay the statutory minimum and I should let them know if I am filing for unfairness etc.

I feel like they have me where they want me. I can't risk £18,000 as what if I didnt win my case against them. And the cost of the lawyer fees may be so high. But I have been unfairly dismissed and they know it and I know it. Why do large corporates have to win??

Advice would be great,

Thank you.

If you do take it to a tribunal, what would you hope to achieve? Its very unlikely you'll get your job back (and would you want it under those circumstances) and the odds of you getting more than £14000 are slim?

I'd take the money.

fablad75

Take the 18k and start looking for a new job.

wynnvegas

I'd agree with getmore4less. Taking the redundancy payment (which will be tax-free as well) does not empty the options for you going forward on an unfair dismissal claim. If they ask you to sign a compromise agreement, you need to run that by a lawyer (at the company's expense) so he/she will be able to guide you as to whether or not, depending on your position / length of service / circumstances, you would be likely to win more at tribunal. Much also depends on your expectations on getting a new job. The more confident you are of finding something in relatively short order, the more attractive the redundancy payout becomes.

lindsaygalaxy

I would take the money, you will be able to get another job and that kind of money would give you more time on maternity leave if you wanted it.

1984ReturnsForReal_2

How much tax would you pay on £18k settlement?

Not a lot I should imagine...

Bobl

You should not pay tax on the first £30K of redundancy payments.

Ask yourself if you need the stress of a tribunal, with the possibility of losing it. It does appear that they have been offered you a fair amount, I would take it and look for another job when you are ready; £18K tax free gives you quite a few months hassle free.

Good Luck

Rockporkchop

I guess it all depends on what the OP was earning. We are all assuming that she is on an average salary, so 18k is a generous offer (which I would take and run if it was offered to me). But if she was earning a very high salary then it could be a derisory offer, which could be improved at tribunal. Also, does it include the 12 weeks' notice pay and accumulated holiday pay?

OP you should really speak to an employment lawyer - your firm should pay for this. Have you got a figure in mind you were hoping to get?

Tweetinat

I have just found myself (last week) in exactly the same situation and took the money... Even if you took the case to a tribunal and you won they can only award you the statutory amount you're entitled to, which you've calculated is significantly less than the offer. You would have to prove sexual discrimination for the ET to award you with 'damages' for hurt feelings - a basic unfair dismissal award is capped, so it is unlikely that you would come out with more than the offer - plus you'd have to deal with the whole ET process. Having been through this as well (with my husband) I can assure you that it is not a light undertaking - we spent over £7k in solicitors fees (I know you don't need to use Sols) but given that its a big company, you would really want to hire professionals to argue your case. Even when/if you do win, these costs have to be paid out of your award, so you may morally win but be out of pocket.

Sorry for the ramble, but in my experience, unless you can afford to 'lose' £18k even if you know you might morally win, then I would walk away with your money.

hth, nat