SDo I have to accept compromise agreement?

Skint_Catt

Hi all,

Will try to keep this as brief as possible!

Company has been taken over. Entire head office is closing with 200+ job losses. I haven't been here a year yet & am pregnant. I needed to be employed until 20 June to be entitled to Maternity Pay. There is talk that they want to compromise us out of the 90-day consultation period plus our notice (1 month).

Obviously I would like to earn as much money as possible before going on my maternity leave, so I'm perfectly happy to work the next 4.5 months until I go (& subsequently get my maternity pay for 6 weeks) but if they try to compromise me with a pittance, can I refuse & insist on working until the office shuts?

Hope that makes sense!

C xx

hcb42

If they want you to compromise, then you should be able to bargain for something which puts you in a reasonable financial position, not worse off...(bearing in mind you won't have to actually work as long)

Emmzi

you can insist that they make you compulsoraly redundant, yes. But you need to consider if VR terms are enhanced at all versus statutory minimum and when the last day of your notice period would be and if it is far enough into your pregnancy to get mat. pay. You can't force them to take you into the qualifying period for mat. pay if your notice period wouldn't run on that long.

Skint_Catt

No, I know I can't force them to do anything, I'm just asking what I can do!

If they gave me notice next week and made me work it, I'd be about 4 weeks short or my maternity period. The reason they're compromising us out is to save money so I can't see them offering me anything.

C xx

hcb42

this is what you need to negotiate, if you get 8 weeks, presumably you then qualify for the maternity pay?

Skint_Catt

If I'm employed in 8 weeks time, yes I do. if they pay me for 8 weeks & ask me to leave then I'm I won't be employed for any part of my qualifying week so won't get it.

C xx

caseydog_2

If they're suggesting a compromise agreement you'll need to work out what your "giving up" before you can say whether or not the offer is worth accepting - if giving up on the 90 days means that you fall outside the maternity pay window then I'd have though that you could add this to value of your compensation entitlement. Bear in mind also that the numbers involved here requires the company to enter into collective consultation in addition to individual consultation. Failure on this first point would give rise to a Protective Award claim by the elected representative ( either the TU or workplace rep) with a potential of a further 13 weeks pay, in addition to the normal notice requirements etc.

Skint_Catt

Well they did say that if most of us accept the compromise & the numbers fall below 100 then they will reduce the consultation to 30-days, then they said they would stick with the 90 days (it's been going on this way for a time now), but I only really need to find out what date I will be employed until as to whether I am eligble for maternity pay or not - but I'm not sure if anyone knows this at the mo!
Had the figures of statutory entitlement & what they're offering in the compromise on Friday - ok so it's 3 x my notice but still not what i would have had if takeover hadn't happened (approx £4k inc mat pay)

Sorry - I'm probably talking riddles - I've got so much going on at home I really don't need this right now!

C xx