Vol, Redundancy while on maternity leave

sputnik15

Please can you help - I am on maternity leave, during which time my employer has given me 12 weeks at half pay + statutory maternity pay. I signed to say that if I did not return to work, then I would repay the 12 weeks pay. However they are now asking for voluntary redundacies which I would like to take - so my question - Do I have to repay the 12 weeks money, bearing in mind that, if I was not on maternity leave I would not have to repay it - hope this makes sense - many thanks x

P.S I have asked my employer and they have stated it is on an individual basis!

getmore4less

sputnik15 wrote: »

P.S I have asked my employer and they have stated it is on an individual basis!

SO they do the know or don't know,

ask them again specificaly for your individual case.



It is always a good idea when making agreements to pay money back that the conditions are clear and only apply if you resign(allthough some companies will want to include misconduct dissmissals as well).

sputnik15

I have just been informed by HR that

"I have checked our policy and it does look as if you would have to pay this money back, as it states "that in the event that you do not return to work for the three month period you will pay back the money in full".

Does this apply to voluntary redundancy??

getmore4less

sputnik15 wrote: »

I have just been informed by HR that

"I have checked our policy and it does look as if you would have to pay this money back, as it states "that in the event that you do not returnto work for the three month period you will pay back the money in full".

Does this apply to voluntary redundancy??

That's down to negotiation if they say it does thye can impose any terms they like.

For compulsory redundacy they have to follow other rules like offer you alternative rolls preferentialy.

Are the VR terms better than the normal redundancy terms.


OK another angle here,

Whats the time line for the ML , the VR consultation decisions and how much notice do you have etc.

You could just return to work the day before the VR termination date and then you should not have to pay it back.

sputnik15

Thank you so much for your help - I have signed a document to state that I will return on the 27th March, and unfortunately, they would like written requests for VR in by the 4th January.

I believe I will probably just bite the bullet and have to lose the money, it is more important to me, to be with my son. Just a shame I will be alittle bit skinter in the process.

Many thanks again for all your help

silvercar

Negotiate. If they are short of volunteers, they will have some leeway in their finances. If they don't get enough volunteers they will want to avoid moving to compulsory redundancies as that takes longer and involves other costs like union and work force consultations. If they don't have a definite rule, you can emphasise that you were intending returning to work but they asked for volunteers.

If they indicate that they will let you keep the money make sure you get it in writing and write to them stating that you accept voluntary redundancy on the express condition that you keep the maternity pay.

Sambucus_Nigra

sputnik15 wrote: »

I have just been informed by HR that

"I have checked our policy and it does look as if you would have to pay this money back, as it states "that in the event that you do not returnto work for the three month period you will pay back the money in full".

Does this apply to voluntary redundancy??

'Aah, that's a shame as I was thinking of putting my name forward.

Is there anyone that I can sit down and negotiate with about the terms of any potential voluntary redundancy?'

[Deleted User]

Sambucus_Nigra wrote: »

'Aah, that's a shame as I was thinking of putting my name forward.

Is there anyone that I can sit down and negotiate with about the terms of any potential voluntary redundancy?'

You can, I just have. I dont have to pay back my maternity (not due back in work until April they want the last day to be 31st Dec) And I am being paid my leave, everyone else has to take their leave or lose it.

Though you will need to speak to the right person. I spoke with several people in HR and got nowhere. Then found out who our HR rep for our service was and spoke with them.

sputnik15

Thank you for all your advise, especially to silvercar, as most of your comments were cut and paste and sent in an email to HR. The result being that they are now going to negotiate the maternity payment, which is a great step forward as previously they just said a big fat no. Thank you for all your help, I will let you know the outcome of the negotiations.

MrRedundant

Your company would have to be absolutly stupid to pay you off when its clear you want to leave. Would be cheaper paying you to return for a few months then you resigning than paying you VR.

Have they said they will give you VR?

[Deleted User]

SVM wrote: »

Personally, I would have not applied for the redundancy at this stage, and worked on the basis that you were returning to work at a later date. There would have been a good chance of a better offer a few months later if there were insufficient volunteers on this ocassion. After all, I can imagine the number of people applying for VR so soon after Xmas, especially in the current climes, being extremely low.

There would not necessarily be a 'better offer'. For instance all the councils offer an enhanced redundancy package. They have done for years.

Part of the letter sent out to the whole workforce said if you go now you can have this enhanced package. If we have to make compulsary or ask for more volunteers later you may only get satutory because they cant afford it. And true to word they went to cabinet and it was approved to abolish the enhanced package from 1st Jan, 1 day after this round of redundancies.

I assume most councils have done the same and even some private companies who offer an enhanced package.