Compromise agreement or enhanced redundancy?? - pregnant!!

josephine1888

Hi

I am currently 26 weeks pregnant

Looking for some advice - I think in the next two weeks myself and other staff are going to be told we are getting made redundant.

Our company only pay stat redundancy.

Our office was told in november that they are closing - some dept already made redundant - other depts moving to other accomodation. My dept is the last to get looked at.

My problem with this is

1. We were told in November that the office was shutting. Not told anything since
2. Recruitment policy is not being followed .i.e our policy is all jobs have to be advertised internally - 2 positions i know off has only been advertised externally only - both of which I could have applied for!! By the time I found out about them they were already filled!!! :mad:

Because I am so far pregnant I have no chance of getting a job. Other collegues will hopefully get a job quickly and can make the most of the redundancy money.

Do you think when I am in "discussions" with them I should ask for more money due to my predicament and them not following procedures? The redundancy money is not much and wont last long.

Also what would I ask for? A Compromise agreement or enhanced redundancy??

Any advice appreciated

987654

Do you get stat maternity pay or enhanced?

josephine1888

I will get Stat only

1984ReturnsForReal_2

How long have you been employed by them?

josephine1888

1984ReturnsForReal wrote: »

How long have you been employed by them?

I have worked for them for 4 years

1984ReturnsForReal_2

Who told you in November it was shutting & did you get told officially?

josephine1888

One of the Managing Directors. We were told that the office was shutting - The COO was based there but he left a year ago. Office to big and too dear to get kept and the lease is up in August so were told in November that they were terminating the lease. Told that no decision was made about our jobs.....

1984ReturnsForReal_2

I would ring & speak to ACAS & have a chat with one of their advisers.

Terminating a lease & closing an office doesn't account automatically to notice of redundancy.

I would work out the cost to the employer of making you redundant & at the meeting tell them you are disappointed not to be notified etc etc & go from there depending on what ACAS say.

josephine1888

Thanks for the advice.

With the other dept in the office they moved it from scotland down south - and told them they could apply for their jobs down south (not that anyone would take it - admin roles)

Think they will offer us to apply for our jobs down south

Advocatus

josephine1888 wrote: »

Because I am so far pregnant I have no chance of getting a job.

If you are dismissed or not offered a job because of your pregnancy, that is cast iron sex discrimination. :eek: :mad:

The only reason for your redundancy should be based on acceptable criteria, such as performance, skill sets, etc.

If you are dismissed because of your pregnancy, or you suspect you have been dismissed because of it, you must seek legal advice.

When you speak with them, you must say that you are concerned that procedure has not been followed and that you are concerned that this is because of your pregnancy (if you believe that to be the case). You should also say that you are concerned that you have not had a chance to apply for internal positions and you hope that is not because you are pregnant.

Discrimination is a strong, almost "dirty" word so I would not use it lightly. To do so would be disengenuous.

Once you say this, they will be alerted to your circumstances and the risks associated and it may push them to offer you a compromise agreement.

Any compromise agreement should include your redundancy pay, given that the only fair reason I can see for your dismissal is redundancy.

1984ReturnsForReal_2

josephine1888 wrote: »

Thanks for the advice.

With the other dept in the office they moved it from scotland down south - and told them they could apply for their jobs down south (not that anyone would take it - admin roles)

Think they will offer us to apply for our jobs down south

Shutting offices & relocating etc happens a lot in times like these.

Lots of different people are caught up in it. It seems as though you are someone that [STRIKE]unfortunately [/STRIKE] fortunately has the added worry of being pregnant.

ACAS will advise you on the legalities that the employer will have to follow but from what you write it seems the company are not doing much wrong at the moment but that depends on what was said, how it was said & what they do next.

But you do need to say you are a little disappointed about not being offered the opportunity of applying for other positions. Legally though, they may have not had to offer you the opportunity to apply because it reads as though you are not actually on notice. It is hard to tell over the internet.

Some people know better than me that post on here. I am sure they will be along soon.

But ring ACAS ASAP.