Pregnant facing redundancy

emmamc252

Hi, just looking for some advice. I am a teacher, been at same school for 4 years now but due to budget may be facing redundancy. I am 23 weeks pregnant so work are well aware, but as I teach special needs my post will really either be there or it won't, I'm the only teacher of sen in the school bar the senco.
Unfortunately I have had a very difficult pregnancy resulting in a lot of time so despite previous good record of attendance at work I have felt very isolated and put upon recently anyway, i have already had my union in about the fact school were not supporting me and in my opinion were making life difficult for me with regard to appointments at hospital etc, so I just know they will get rid if me if they can. I know officially they can't do this but if they get rid of my post it's pretty hard to say that's unfair/prove it!
I find it all really upsetting as previous to my pregnancy I had a fantastic relationship with my superiors but they just have not been understanding at all.
Anyway, the redundancies will take effect from sept 1st, there's no way I can apply for jobs now as let's face it when I waddle in with my big baby bump noones really going to hire me, plus teaching jobs don't tend to come up this time of year, it's more jam-march for September starts.
I will be on maternity leave when the redundancy comes in and know I am still entitled to STatutory maternity pay, but as a teacher I was expecting occupational maternity too for 18 weeks which would provide not far off my usual wage, I had planned to return to work after about 20 weeks as we simply couldn't afford the drop in income, now I am facing having this drop the whole time!!!!

My husband does work etc but we rely on both our salaries, we own a nice house etc but have worked hard for it, we have no credit card or loan debt and have about £4000 of savings, as I am only 25 and wirked at school for 4 full years my redundancy would be 1 months pay which I believe I would lose anyway as they counter it against your maternity pay.
I just feel lost, we have been so sensible, wirked hard and made sure we were in a good position to have our first baby and now this is happening.

Any advice??

Mel1979a

You would be entitled to full maternity pay as per your contract and your full redundancy pay which cant be offset against your maternity allowance.

emmamc252

My contract states that occupational maternity pay requires you to return to work after for 13 weeks, otherwise you have to pay the occupational part back. Obviously I won't be able to return for 13 weeks as I won't have a job to gp back to.
From what I have read they would pay me the occupational until the 1st September which would be for about 8 weeks, but then would have the right to ask for this to be repaid, apparently some authorities don't ask for it back if you've been made redundant but some do and basically it's just a luck thing. I think if they do you can say you can't afford the lump sum and end up paying about £13 a month for years which I'd prob do but the bigger picture is still terrifying. It just seems unfair when we have done everything right n waited for the right time to then be thrown into having all these financial worries.
We will literally barely be able to keep out heads above water with the mortgage etc

completelyspent

You may well be protected if you have already started your mat leave when there is a competitive process involved. Unfortunately for me I've been on the receiving end of this-I was put in a ring fence with someone who was seven months pregnant, so they started their mat leave early and was slotted in because they wouldn't be in when their mat leave starts. Means I lost my job and they kept theirs. Might work in your favour (even though I think it's a bit immoral).

Mel1979a

Its not your fault you CAN'T return to work - Therefore they have to pay your full entitlement.

completelyspent

completelyspent wrote: »

You may well be protected if you have already started your mat leave when there is a competitive process involved. Unfortunately for me I've been on the receiving end of this-I was put in a ring fence with someone who was seven months pregnant, so they started their mat leave early and was slotted in because they wouldn't be in when their mat leave starts. Means I lost my job and they kept theirs. Might work in your favour (even though I think it's a bit immoral).

I would like to clarify that you would keep your mat benefits regardless of whether you were made redundant as well, but if you start your mat leave asap, you may well be kept out of any competitive process. If you are the only person in your ring fence, it might be different though.

mariefab

emma
Have you been given a letter stating that your role is at risk of redundancy?
Have you had any consultation meetings?
If not, do you know when this will occur?

You say that the redundancies will 'take effect from' 1st September.
Does this mean that those who are to be made redundant will be informed/given notice on that date?
Or will the decisions be made earlier, if so do you know when?

Is there any reason why you can't teach anything other than SEN pupils?

emmamc252

Update;
Ok so fri we got proposed staffing structure, basically we got a "current staff structure" and a "projected" one so you found your job on the current one then checked if it was still on the new one, eg currently 15 English teachers, projected to need 11 so you know 4 will go. Other jobs where there is only 1 person doing it you were on the current one and either on or not on the projected.
So I looked for sen teacher, and it's not on the CURRENT one!!! So obviously not on the new one either! Was Boone at school who could help me coz the head went home so basically I am still none the wiser.
I don't see how they could have put my salary/teaching hours in with another department because I have NEVER been classed as a member of any dept but SEN.
Mine should have been clear cut, there's only 1 of me so I'm there or I'm not there! Have had a terribly upset and stressed out weekend, have contacted my union but no reply as weekend plus everyone else will be contacting the sane guy, just emailed the principal and asked for a meeting timoz but again sure it's me n everyone else! It's just so frustrating! They clearly haven't thought about me on the process and ok I am only 1 person but I should still count, my job is hard and I feel valuable to out school!

In answe to questions, I originally trained as a history teacher and have a degree in history, I teach English and humanities as part of the nurture group. I could teach either of these and am certainly qualified to teach humanities. There are teaching jobs going in this too so I doubt they will take me for one of those over someone who has been teaching it for years.
The "interview" process for jobs where like the English there's still 11 jobs but 4 will have to go, falls into the 11 week period when I could take my maternity from, if I was on maternity during this process would they have to give me a job in one of these departments over a regular teacher? Like I said I am qualified to do it.
I know that might seem cheeky but I am a good teacher and with a baby on the way I cannot get another job straight away even if I wanted to!
Please help, all this is really making me very I'll

completelyspent

emmamc252 wrote: »

The "interview" process for jobs where like the English there's still 11 jobs but 4 will have to go, falls into the 11 week period when I could take my maternity from, if I was on maternity during this process would they have to give me a job in one of these departments over a regular teacher? Like I said I am qualified to do it.
I know that might seem cheeky but I am a good teacher and with a baby on the way I cannot get another job straight away even if I wanted to!
Please help, all this is really making me very I'll

If you have been ring fenced into that group and went on mat leave then yes, they would have to slot you in to a role. As you haven't been currently doing that job, unless they haven't ring renced the roles then I'm not sure you would be eligible to apply-it depends if they have a match for your current role anywhere...I don't work in the teaching profession though so you would need to seek advice on hos the process works.

mariefab

You might want to retain copies of the current and projected staff structures, just in case.

I think that in the circumstances it would simply be common sense, rather than 'cheeky', to start your maternity leave as early as possible (11 weeks before EWC).
If you've already given notification of when you want your mat. leave to start just resubmit it giving the new start date. If not, get it in pronto.
I don't know what the procedure is at your workplace. Sometimes there'll be a form for this purpose, sometimes you need to send a letter. I suggest that you keep a copy of whatever you submit and if possible some kind of proof of their receipt.

There's a chart at the end of the following to assist you to find the start date.

http://www.hmrc.gov.uk/helpsheets/2011/e15.pdf

Taken from the Maternity and Parental Leave etc. Regulations 1999:
Redundancy during maternity leave

10.—(1) This regulation applies where, during an employee’s ordinary or additional maternity leave period, it is not practicable by reason of redundancy for her employer to continue to employ her under her existing contract of employment.

(2) Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with paragraph (3) (and takes effect immediately on the ending of her employment under the previous contract).

(3) The new contract of employment must be such that—
(a)the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and
(b)its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.

In this context 'a suitable alternative vacancy' should include the jobs in the projected staff structure.