consultation meeting while off sick pregnant

ameliablue

I have informed my employer on writing that i am pregnant. Soon after they handed redundancy letters to me and 3 people on this same position. The atmosphere at work become more stressful ad my boss very unpleasant to me. I have been qualified by doctor to be absent from work for few weeks due to pregnancy. Soon after I got letter from my employer with date of the consultation meeting. It is in the middle of my sick leave . Am I entitled to move consultation meeting to the date when I am back to work after off sick? And how many meetings is required to be held in redundancy process? What my rights to SMP?

caeler

I'm afraid your employer doesn't have to change his consultation dates because you are off sick. However logic suggests he would check to see when you are available and if you are OK.

If you were 'on' maternity leave you would have the legal right to be offered the available position. As you have not yet commenced you will have to go through the selection process for this reduction in headcount. They will either do an interview and selection or a pool selection using criteria such as disciplinary record, attendance, etc.

There is no legal minimum on how long consultation should take, it generally takes a couple of weeks minimum, some employers choose to go with 30 days (which is only obligated with 20 or more proposed redundancies).

The first meeting will explain why this is happening, why they have to reduce headcount, you can challenge this, find ways of avoiding redundancy, etc, this is what consultation is. Then there will be a final meeting to close consultation and if nothing has changed, then to give you notice.

Of course you have to selected first, ideally at your first meeting they will tell you how they intend to go about it and when it will be complete. ie. if you have to apply or they will select and let you know.

Good Luck. I'd suggest you call your employer and if your really not feeling up to it ask if it could be delayed. If not, perhaps they would consider coming to you?

ameliablue

Hi, many thanks

caeler

I understand. To qualify for SMP you must have been employed continuously for at least 26 weeks into the 15th week before your baby is due.

So where do you stand in relation to this? If you have this you still qualify and they will need to pay you.

jdturk

how long do you have to delay it by? If its a week or two you could do it, any longer I doubt you could do it.

caeler

See this post - might be useful: http://forums.moneysavingexpert.com/showthread.html?t=2004827

caeler

I wonder if you can point this out to your employer? Maybe you can come to some arrangement, after all they will act as a conduit for a government statutory payment, they will not be paying you company maternity leave.

They probably won't be that clear on sex discrimination rules about pregnancy, I expect they are scared of you!

I've got no experience with redundancy consultation being done in ones absence, but its possible.

caeler

Warning Duplicate Thread:
http://forums.moneysavingexpert.com/showthread.html?p=29876197
My pet hate if you hadn't guessed.

ameliablue

I am on this forum first time and has posted first on employment forum then noticed you have separate for redundancy. I got advices/answers on both - I am so greatfull,many thanks, so started to follow them..
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