Redundancy during Maternity Leave, Tax and Holiday Questions

SarEl

[quote=[Deleted User];34471821]Your the one with the problem.

"The LAW says that a woman on maternity leave is guaranteed the right to return to her original job,"

Totally agreed 100% but her role has been made redunant, so there is no job for her to go back too. The role is REDUNANT, there is no job.

Her employment contract with the company ends!!!!! She is still paid SMP for 39 weeks.

Check with CAB, ACAS and a solictor. I have and a company can legally do this(ITS TOTALLY WRONG I KNOW).

Pregnancy can not be the reason for selection for redundancy this would be automatic unfair.

You need to sort your chip and then check the facts.[/QUOTE]

Typing things in CAPITAL LETTERS does not make them true. I am not a solicitor - or ACAS or CAB. I am a QC - in employment law! An employer MUST allow a woman on maternity leave to return to her post or a comparable post. They CANNOT make her redundant - because the LAW says she is entitled to return to either her post or a comparable post. No excuses, no good reasons and no "what if's". The ONLY excuse is if there is no post - any post - to return to. As in the company has ceased trading.

As for the excuse that she should "make her partner redundant" - this is complete rubbish. If her partner is kept on because he is the best person to be kept on - using objective tests - then great. But the employer still "owes her a job to return to". That's just being an apologist for the employer. It provides no excuse for the employer ignoring their legal responsibilities.

[Deleted User]

SarEl wrote: »

Typing things in CAPITAL LETTERS does not make them true. I am not a solicitor - or ACAS or CAB. I am a QC - in employment law! An employer MUST allow a woman on maternity leave to return to her post or a comparable post. They CANNOT make her redundant - because the LAW says she is entitled to return to either her post or a comparable post. No excuses, no good reasons and no "what if's". The ONLY excuse is if there is no post - any post - to return to. As in the company has ceased trading.

Being a QC doesn`t MAKE YOU RIGHT.

Quote from the link below:

If you end up making an employee on maternity leave redundant because you had no suitable alternative work to offer her, the dismissal may be fair.
Note that, on dismissal:

• her maternity leave period comes to an end, but
• her entitlement to statutory maternity pay (SMP) continues until the end of the 39-week SMP period (if it hasn't already ended)

You must provide written reasons for dismissal to any woman you dismiss or make redundant while she is pregnant or on maternity leave.


businesslink.gov.uk/bdotg/action/detail?r.s=sc&r.l1=1073858787&r.lc=en&r.l3=1080898273&r.l2=1080898061&type=RESOURCES&itemId=1080903562

If you still think you are right and are a real QC then your welcome to fight on my G/F behalf in court on the points of law that we have discussed.

To the OP I hope you and baby are OK. Good Luck

SarEl

Did you notice the word "may" in that sentence. It MAY be fair - it often isn't fair (in law) and in this case the emploer made no effort to offer or seek alternative employment, so if the OP had not volunteered for redundancy and had simply been made redundant it would NOT have been fair in law.

Whether you happen to believe this to be the case, or trust a "potted guide" to the law over the actual law is your concern - but the OP and other people in the same situation reading this need to be aware of what the law actually says and not what you think it does having browsed the internet for a couple of minutes.

[Deleted User]

SarEl wrote: »

Did you notice the word "may" in that sentence. It MAY be fair - it often isn't fair (in law) and in this case the emploer made no effort to offer or seek alternative employment, so if the OP had not volunteered for redundancy and had simply been made redundant it would NOT have been fair in law.

Whether you happen to believe this to be the case, or trust a "potted guide" to the law over the actual law is your concern - but the OP and other people in the same situation reading this need to be aware of what the law actually says and not what you think it does having browsed the internet for a couple of minutes.

Well take my G/F`s case on prove it!!!!!!!!!!!!!!!!!!

If not Case closed!!!!!!!!!!!!!!!!!!!

Googlewhacker

[quote=[Deleted User];34497805]Well take my G/F`s case on prove it!!!!!!!!!!!!!!!!!!

If not Case closed!!!!!!!!!!!!!!!!!!![/QUOTE]

Admiral as it is that you want to help your GF, goading someone isn't likely to get a free solicitor.....

flashnazia

SarEl said:

An employer MUST allow a woman on maternity leave to return to her post or a comparable post. They CANNOT make her redundant

Then s/he said:

It MAY be fair

Must and may are two different words. I disagree with your assertion that it is completely unlawful to make a woman on mat leave redundant.

If the job disappears it disappears, even if the person doing it is on mat leave. Yes the employer has a duty to offer a suitable alternative (and she should be given first refusal) but its not impossible (as you suggest) to make her redundant lawfully.

mikey72

SarEl wrote: »

Typing things in CAPITAL LETTERS does not make them true. I am not a solicitor - or ACAS or CAB. I am a QC - in employment law! An employer MUST allow a woman on maternity leave to return to her post or a comparable post. They CANNOT make her redundant - because the LAW says she is entitled to return to either her post or a comparable post. No excuses, no good reasons and no "what if's". The ONLY excuse is if there is no post - any post - to return to. As in the company has ceased trading.

As for the excuse that she should "make her partner redundant" - this is complete rubbish. If her partner is kept on because he is the best person to be kept on - using objective tests - then great. But the employer still "owes her a job to return to". That's just being an apologist for the employer. It provides no excuse for the employer ignoring their legal responsibilities.

Anyone on maternity leave can be made redundant, if the job goes, there is legislation on alternatives, but if there aren't any, there is no post to return to.

Maternity and Parental Leave etc Regulations 1999 section 10

not ammended as far as I know.

You're the QC though, tell me were it was.

Googlewhacker

mikey72 wrote: »

Anyone on maternity leave can be made redundant, if the job goes, there is legislation on alternatives, but if there aren't any, there is no post to return to.

Maternity and Parental Leave etc Regulations 1999 section 10

not ammended as far as I know.

You're the QC though, tell me were it was.

In the post you quoted at the bottom of the first paragraph Sar does state the only exception is if that there is no job left or no suitable job left

mikey72

Googlewhacker wrote: »

In the post you quoted at the bottom of the first paragraph Sar does state the only exception is if that there is no job left or no suitable job left

No, he states no post, any post to return to. As in the company has ceased trading.

That's not even vaguely true.

Googlewhacker

I read it that the last sentace is an example of the previous sentance