Strategies for dragging out a consultation period?

Bella2010_2

I am 18 weeks pregnant and have been tipped off that an "at risk" letter is going to be sent to me shortly. I'm fairly certain they are going to rush through a redundancy to avoid paying my SMP.

I have a 3 month period of notice, but my contract gives them the right to give PILON, which would leave me unemployed before the 25th week (qualifying week for SMP).

I'm not sure if anyone else if going to be in the selection pool as they TUPE'd my colleagues across to a new company they bought, I'm the only one left with the old company. They said this was because I work on European operations and they work on UK ones ("local team"). I am told that they now believe that there is a lot of overlap between my job and all the local teams in UK and Europe and they need to make cost and efficiency savings.

I am trying to think of some tactics to get the process to drag out for 7 weeks and was wondering if anyone had any tips or ideas. Some things I have wondered about are:

• I am currently off sick with a pregnancy related illness - Hyperemesis with Hyperthyriodism. I weigh 7 stone after nearly 5 months pregnancy. My doctor has strongly advised me to avoid any stress and my blood pressure is checked regularly. My nausea has worsened since the shock of this news and I haven't been able to sleep more than 4 hours a night, sometimes not at all. Returning to work will mean returning to the stressful conditions of redundancy negotiations that could impact my health, should I/can I request a risk assessment from the employer taking this into consideration?
• On the same point, if my GP wrote to them recommending deferment of the meetings for a number of weeks to avoid injury to health. I may have to try this anyway, as it is taking it's toll. I'm also exhausted after months of battling the illness and not sure if I have much in reserve.
• Raising a grievance, possibly about why I wasn't TUPE'd with the others, if there is overlap of duties with the new company.
• I am the oldest person with this job (though only early 30's!) and the only one with a child. Perhaps put in a big information request about others performing the role or an SD74 questionnaire to fully rule out sex discrimination?
• Push for a 90 day consultation, as they recently made 100's of others redundant in another office (the law isn't 100% clear on this, put could still push the point as though it is).

I have tried to think of every angle (probably why I'm not sleeping as much!), but maybe there are more. If anyone can think of anything or advise, I would be really grateful!

jdturk

I'm not sure that the worry of paying SMP is why the company maybe rushing it through as they get this back, if they are paying you more they then would want to make you redundant quicker.

I think that if you are on long term sick that is prob why they want to get make you redundant.

Ultimately I always worry about posters that stress ultimately over money....ask the question is it worth the fight?

Bella2010_2

Thanks for your reply. I am on a 3 month period of notice, so they really wouldn't save money other than the initial maternity pay, which is full pay for the first 8 weeks for me, then SMP. They are flying the whole department out to Paris for a 2 day conference (I got an invite) in a couple of weeks - maybe they could do with reading MoneySavingExpert!

This maternity pay, combined with the holiday pay and benefits works out to quite a lot for me, especially considering this is my second child and being reemployed to this level is quite unlikely. Believe me, I really don't need the hassle of fighting anything and I'm not 100% sure I'm up to it, but I just don't think we can take the financial hit either so may have to try for the sake of my family at least.

A male colleague, who has been with us for only 6 months has actually taken more sick leave than me, but apparently his job is safe. Makes me wonder if my flexible working hours have more to do with it, it was approved by my previous manager and I don't think the new manager has ever been happy with it. Every time I leave at 4pm I get a comment from someone, even though I'm in at 7am every morning and they're rolling in hungover at 9.30.

I'm not after a big tribunal case, massive pay-out, or being some altruistic one-woman equality crusade (although I sometimes wonder that if we all stop fighting back, do we dig our own graves when it comes to being perceived as easy targets?). Just to know that I tried everything I could to defend us from a very harsh decision will be enough, that's all I can hope to do.

Uncertain

I would strongly suggest you speak to ACAS about this (try 8.00am sharp on a weekday as it is easier to get through).

You cannot be made redundant (legally) just because you are ill, let alone pregnant. Either they have proper grounds for making your post redundant (and it is the post not the person) or they don't. In other words, does your job no longer need doing?

There can be occasions where a doctor saying you are not well enough to deal with something is helpful, but obviously the doctor must actually be of this view.

Do beware of your firm's policies on long term sickness / capability. Some take a very vigorous approach and long term is not very long at all. Obviously the fact you are pregnant means they have to take extra care here.

Does the firm know you are pregnant? Obviously you will have to tell them in order to take maternity leave but I don't know off hand at what point. Again ACAS will be able to answer this.

Ultimately this is difficult. Only you know what effect the stress is having on you. Maybe walking away is best but then again, for some, this will leave a deep feeling of injustice and make their health worse.

In hard financial terms it is probably worth trying to get a ideal of the bottom line. Suppose, worst case, the firm took the cavalier attitude of "sack her and pay up if we have to" (and some very commercial outfits do take this approach). What would you realistically get (not some theoretical maximum) after costs?

You need to balance this against personal issues, taking a mixture of professional and family advice.

Not easy I'm afraid.