Compromise agreement?

Jamminella

Hi all,
Any help on this would be much appreciated.
I've been put at risk of redundancy while on maternity leave and while also pregnant. I'd like to get a compromise agreement for approx 1 month's salary (is this fair?) as I think I have a good case for unfair dismissal (I think I'm just an inconvenience to the company at this point), however I'd rather not go through the stress of an employment tribunal
I'm still in the consultation period and the company are being very evasive about various issues, ie who else is at risk, how they will be selecting the redundant positions etc. (although I know that they have already decided I will be going).
My question is: do I ask for a compromise agreement now (while I'm only 'at risk') or wait till I've formally been made redundant?
thanks for any advice offered.

Acc72

How long have you been with the company?

When are you going on maternity leave?

What is your companies maternity leave policy? (if you leave now you will only get SMP).

Have they offered voluntary redundancy? (not that they have to choose you even if you do volunteer).

As you only want 1 months salary, I would play my cards close to my chest for now (this includes both management and colleagues - and definitely facebook !) and see what they come up with.

mgdavid

how long have you worked there?
you're actually on maternity leave now, correct?
what is your contracted notice period?
notwithstanding answers to the above I'd be looking for at least 3 months salary as a pay-off, however it's arrived at or dressed up.
Once you understand your rights and contracted position you'll be better-placed to maybe approach personnel and suggest that given their vulnerable position (making you redundant while on ML) an 'arrangement' might be entered into - but don't mention figures at all. Get their reaction, and take it from there.

Bigmoney2

Jamminella wrote: »

Hi all,
Any help on this would be much appreciated.
I've been put at risk of redundancy while on maternity leave and while also pregnant. I'd like to get a compromise agreement for approx 1 month's salary (is this fair?) as I think I have a good case for unfair dismissal (I think I'm just an inconvenience to the company at this point), however I'd rather not go through the stress of an employment tribunal
I'm still in the consultation period and the company are being very evasive about various issues, ie who else is at risk, how they will be selecting the redundant positions etc. (although I know that they have already decided I will be going).
My question is: do I ask for a compromise agreement now (while I'm only 'at risk') or wait till I've formally been made redundant?
thanks for any advice offered.

You do realise that once you sign a compromise agreement you can't sue for unfair dismissal?


In my experience compromise agreements are used when there are no redundancies.

If there is a redundancy underway I would think that you are best off to ask for the terms of redundancy and volunteer to go if you no longer which to be employed by this company.

What is your rush for asking for a compromise agreement, if you are on maternity leave are you receiving maternity pay and how much longer will this be paid for?

As already asked how long have you been employed?

Jamminella

Hi, thanks for your replies.
I've been with the company for 1.5 years, was on maternity leave when they put me at risk of redundancy however was due to start back last week (which obviously hasn't happened now as there's apparently no job to go back to). So no, I'm not technically on maternity leave at this moment.
The company doesn't have a particular mat leave policy - just statutory. They haven't offered voluntary redundancy.
Notice period in contract is 1 month (they have said they'll pay me 1 month's salary in lieu of notice). Apart from that they're not offering any redundancy pay (as I've been there under 2 years).
They're saying that my job no longer exists, as some elements of the role are no longer needed, and the rest of the duties are being absorbed by other members of staff (i.e. the managers and heads of department).
thanks again

mynameistallulah

So they are offering you one month's notice if you are made redundant, but you would like a compromise agreement with one month's salary. Can you explain why you want the CA, when the outcome will be the same?

Jamminella

Hi - I'd like one month's salary as a redundancy/severance/compensation payment. The 1 month in lieu of notice is what they legally have to give me anyway (and which I'll have to pay tax & NI on)

mynameistallulah

Jamminella wrote: »

Hi - I'd like one month's salary as a redundancy/severance/compensation payment. The 1 month in lieu of notice is what they legally have to give me anyway (and which I'll have to pay tax & NI on)

Do you want that on top of the notice period?

Can you specify what you feel they have done wrong? Is it a large company?

Jamminella

Hi,
Yes -
I think they have selected me for potential redundancy because of my pregnancy. Nothing has yet suggested that the procedure has been fair or objective. Other people in similar roles have been recruited since I went on maternity leave, some to partially cover my role, and these positions are not at risk of redundancy.
It's a medium sized company.

Jamminella

Bigmoney2 wrote: »

You do realise that once you sign a compromise agreement you can't sue for unfair dismissal?

What is your rush for asking for a compromise agreement, if you are on maternity leave are you receiving maternity pay and how much longer will this be paid for?

As already asked how long have you been employed?

Thanks - but I'd rather not go the tribunal route, as I don't want any more undue stress during my pregnancy. No particular rush, just want to have it sorted out and know where I stand. I'm not receiving any maternity pay currently and I'm also unlikely to be able to find another job now that I'm pregnant (it's pretty obvious already).

Acc72

ok, now I am confused ........

You started work with your current employer 18 months ago ?

You are due to return from maternity leave (how long were you on mat leave for ?).

You are now pregnant again ?