Redundancy happening during Maternity plus scenario, advice needed please

p1tse

Need some advice for someone.

Friend has been with company full time since late 2005.
August 2009 Maternity Leave

Company made redundancies December 2009, which the person i know survived it.

Again they are making big redundancies Mid May 2010, which the friend is planning to take some 2010 holiday at end of May to go back in June, so will be on part time hours.

1) Can/ should companies keep on at my friend during maternity leave?

2) Not sure on options. If redundancy was taking would it be based on previous full time or new part time hours?

Not the best way to have maternity leave having been up for consultation circa Xmas and now.

Questions above, what else needs to be considered and thought about?

p1tse

thanks

not ideal as half of maternity leave has been stressful thinking about work, while suppose to spending quality time with the new born

what about redundancy pay, would it be based on full or part time, even when back at work say 1 week, 1 month etc. ?

p1tse

found answers regarding full time to part time working:

http://www.xperthr.co.uk/faqs/topics/9,88/redundancy-rights.aspx?articleid=60812&mode=open#60812

Where an employee has recently changed from full-time to part-time hours how should his or her redundancy payment be calculated?


Section 135 of the Employment Rights Act 1996 entitles an employee to receive a statutory redundancy payment if he or she is dismissed by the employer by reason of redundancy and meets the relevant qualifying conditions. A redundancy payment is based on "a week's pay" and takes into account the employee's age and the number of years of employment. Years of employment count equally for this purpose regardless of whether the employee worked full time or part time. To calculate a redundancy payment, the employer must first determine the period, ending with the relevant date (ie the date on which the notice of redundancy expires or the date on which the termination of employment takes effect if no notice is given), during which the employee has been continuously employed. It must then work backwards from the end of that period to calculate the number of complete years of employment falling within that period. Finally, the employer must allow the appropriate amount for each of those years of employment. The appropriate amounts are: one and a half weeks' pay for each year of employment in which the employee was aged 41 or over; one week's pay for each year of employment in which the employee was aged between 22 and 40; and half a week's pay for each year of employment in which the employee was aged 21 and under.
Sections 221 to 224 then set out how to calculate "a week's pay". This is somewhat complicated and depends on whether the employee has normal working hours or not. It is assumed here that the employee does have normal working hours.
If the employee's normal working hours are the same every week and his or her wages for employment in normal working hours do not vary with the amount of work done, the amount of a week's pay is the amount that is payable by the employer under the contract of employment in force on the calculation date if the employee works throughout his or her normal hours in a week.
If the employee's wages do vary with the amount of work done but the number of normal working hours does not vary, the amount of a week's pay is the amount of pay for the number of normal working hours in a week calculated at the average hourly rate of pay payable in respect of a 12-week period ending with the last complete week before the calculation date (or, where the calculation date is the last day of a week, with that week).
Where the employee is required under the contract of employment to work during normal working hours on days of the week or at times of the day that differ from week to week or over a longer period (so that pay varies from week to week), the amount of a week's pay is based on the average pay and the average number of hours worked in the last 12 weeks before the calculation date.
Therefore, if the employee's change to part-time hours was a permanent contractual change and his or her normal working hours are now the part-time hours, the whole redundancy payment will normally be calculated based on the reduced part-time salary.

getmore4less

For the redundancy full time/part time.

Statutory redundancy is capped at £380 anyway so if partime is over this it will not make any difference.

It would then be down to how the company applies its enhanced policy if any.


IS the solution to return on full time untill it is clear that in/out of this round then go part time and accept that future payments will be reduced rate.

the 1996 employment acts are here
http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_1

some ammendments since 96

Maternity rights are here
http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_9#pt8


There is some extra protection for alternative positions.

p1tse

that's the issue

redundancies cut are at end of may/ beginning of june - actually being announced

friend is off maternity until mid may
thinking of taking some holiday to extend it until june
returning to work part time then

issue is if she was made redundant then it would be working on a part time basis for circa 2 weeks, and wouldn't be really fair if paying just statutory too.

also another issue is finding part time work to work around child care

p1tse

jdturk wrote: »

i thought that redundancies worked of the last 17 weeks pay and the average of upto the statutory limit

is this true?

but what happens if on statutory maternity