Redundancy on maternity leave and flexible working

angelabalaam

Hi

I am due to return to work on 10th October after 1 year of maternity leave. I have accrued annual leave so won't actually start work till 28th October.

In May I made an email request for flexible working.

However, my employer has told me unofficially that I may be at risk of redundancy as funding for my current position has not been secured post 1st October 2011. I work in a charity and they have laid off nearly all their staff since I have been on maternity leave. They do not want to discuss flexible working till they know if the funding is secured.

I understand they have to give me 3 weeks notice as I have worked there for 3 years and I am 33. I also understand they have to give me 3 weeks redundancy pay plus pay me my notice period if they don't want me to return to work.

What i am confused about is:

1. If they give me 3 weeks notice (assuming start date of 10th Oct), so on Monday 19th, will I get paid for my annual leave I have accrued (plus my 3 weeks notice period plus my redundancy)?

2. If they don't make me redundant by 19th and thereby I assume I am going back to work on 10th, albeit on annual leave till 28th, and they haven't agreed to my flexible working, then will I have to go back to work full time and work out my notice period if they do not agree to my flexible working between now and my return date and therefore I am forced to resign? In my contract I need to give 4 weeks notice if I want to resign.

I would appreciate any help I can get

Thanks

jackyann

Go to: http://www.direct.gov.uk then "employment" and there are specific sections on your problems.

I'd also suggest a chat with your union if you are in one, or CAB. You may find it helpful to send a formal letter to your manager, pointing out your specific issues around booking childcare and asking what notice you can expect. I don't know what size charity it is, but most have a HR department of some kind, even if it is at national level, or shared.

angelabalaam

It is a very small charity with just 10 employees. No hr dept.

I have also already checked the directgov website and it has sections on notice for redundancy and flexible working but it does not address the specific questions posed above. Hence the post.

I am going to contact my manager to discuss my concerns but I wanted to do it in full knowledge of my rights.

If anyone has anything more specific they can offer, I would be grateful.

Thanks

adeline29

I just join in,The future Exchange

mildred1978

They can make you take your leave during your notice period. I lost 25 days holiday plus bank holidays plus about 6 weeks of SMP when I took redundancy while on mat leave. I got full pay for my notice period but didn't have to work it.

In your case I think theyd have to return you to the payroll and pay your notice, allowing you to use your leave rather than work your notice.