Redundancy while pregnant & on maternity leave

Jamminella

Hello,
I've worked for the same company for a year and a half.
I'm currently still on maternity leave (I was due to return to work next week) and am also 8 weeks pregnant. I've informed the company of my pregnancy already.
I have just been told I've been made redundant due to money-saving cuts at the company. My position was full time, however it had been agreed in writing by HR that I could return to work part time, 2 days a week (but only on an email - I don't have an updated contract).
I have been offered an alternative position however it is full time so I'm unable to take it up, due to problems with childcare.
I'm actually quite happy to have been made redundant as I wasn't enjoying working at the company, however I would have still wanted to go back part time rather than being unemployed.
I have been paid a month's salary in lieu of notice, which I don't think they were obliged to give me as I've not been there 2 years.
My questions are:
-Can I claim jobseeker's allowance? (NB my husband earns over 40k)- if so would it be contribution based - and would this still apply given I've been on mat leave for 10 months?
-Will I be entitled to maternity allowance later in the year? Will this be the full amount (c. £123 a week)?
-Should I be offered a part time role at the company, or have they done their duty offering me an alternative full time position?

Any help much appreciated!
Thanks

getmore4less

Don't forget all acrued but unused holiday.

Notice pay is due.

Not entitled to redundancy.

no rights to go part time.

You can try to claim contributions based JSA but AIUI you need 2 years contributions, maternity is OK but it that was part o the 1.5 years for the company then you will need some from previous employment.


WhY did you tell them you were pregnant, they would have probably had you back part time and they would have had a hard time then making you redundant, but now it will be very hard to prove otherwise and the offer of a full time job I think covers them.

Might be worth looking at a claim that may be enough to get them to cough up some more money.

Another option might be to take the jobon a trial basis and try to negotiate part time, or it may not be what they want and they have to rethink.

Jamminella

Hi, thanks -
I told them I'm pregnant because I thought I'd then have more protection against redundancy!
Not sure why I don't have a right to go back part time - they had already agreed to this in writing.
I really can't go back full time as I can't put my baby in nursery full time at the moment.

princessdon

Unless you contract was changed to part time then they don't have to offer part time.

Is there any claim for unfair due to your pregnancy?

Ie did the redundancy come about because you told them you were pregnant or had you been notified BEFORE you told them.

If they are making you redundant to avoid paying maternity then this is different to your post genuinely being made redundant.

McKneff

They cant make you redundant because they are trying to save money, they can only make you redundant if your job no longer exists.

System

princessdon wrote: »

If they are making you redundant to avoid paying maternity then this is different to your post genuinely being made redundant.

As it is a new pregnancy within current Maternity Leave then OP would not qualify for anything from the company anyway.

System

McKneff wrote: »

They cant make you redundant because they are trying to save money, they can only make you redundant if your job no longer exists.

No but they can make you redundant when the job is axed on money saving grounds

Jamminella

!!!!!! wrote: »

As it is a new pregnancy within current Maternity Leave then OP would not qualify for anything from the company anyway.

I think I would have still been entitled to SMP from the company if I hadn't been made redundant, as I was employed by them when I became pregnant

Jamminella

princessdon wrote: »

Unless you contract was changed to part time then they don't have to offer part time.

Is there any claim for unfair due to your pregnancy?

Ie did the redundancy come about because you told them you were pregnant or had you been notified BEFORE you told them.

If they are making you redundant to avoid paying maternity then this is different to your post genuinely being made redundant.

I told them I was pregnant and was then made redundant - however I can't actually prove that redundancy came about because I told them I'm pregnant.

getmore4less

Did they employ maternity cover or just absorb the job while you were off.

IF they absorbed the job they will have a good case for redundancy

but should it be you?


if they employed someone then it will look dodgy especialy if they were still working at the time you were told you were to be made redundant even more so if they are still there.

The other angle if there are others doing similar jobs is the pooling and selection process fare.

Can you make inquiries(friends) to make sure they have looked at all other jobs and find out if they did cover the position.

embob74

Entitlement to Maternity Allowance (MA) is based on you having worked for 26 weeks out of the past 66 weeks. The time you received SMP counts as being employed and as you were pregnant before you will stop work (or maternity leave) then you should be entitled to MA.
The amount you get will be worked out on the amount you received in any 13 weeks of the 66 weeks prior to baby's due date. Usually you would use the highest paying weeks but I assume you received SMP so it would be worked out at 90% of the amount you received. You need to find out the due date given by the doctors then work back 66 weeks - if in any of those weeks you earned more than normal you should use those weeks wage slips in your calculations.