Selection Criteria scoring - Maternity Related Sickness

JR26

My employer is making 1 person redundant from a pool of 5 people (which includes me) so is using a scoring system to identify who it will be.

I attended a meeting yesterday and I was informed of my scoring for each section. I scored a zero for my sickness record as they had taken into account a four week absence in April/May this year where I was signed off by the hospital due to pregnancy loss. I was forced to terminate my pregnancy (give birth to my stillborn daughter) at 16 weeks as my little girl had several serious birth defects and had no chance of survival. My managers had been aware that I was pregnant as I notified them at 11 weeks.

I pointed out during the meeting that I thought that they were not allowed to count this absence and use it against me as the absence would be classed as 'Maternity Related Sickness'. My manager disagreed and stated that he had checked this with their HR advisors and they had classified it as 'Compassionate Leave'. I did receive company sick pay for 10 days and then SSP for the rest.

Could somebody please tell me if I am right or wrong here?

SunnyTikka

You are correct. It is maternity related. That is, as long as your absence followed on from losing your baby. The HR advisers are wrong. I am so sorry for your loss.

elsien

Aside from anything else you'd get your ordinary pay for compassionate leave, not sickpay, surely?

mark55man

doesn't look like they are trying too hard to give you the benefit of the doubt. I would be a bit worried.

Also, not too sure I would want to work for someone who could treat you so badly during such a sad time for you.

I would start looking for another position, but don't notify your manager until the decision is made, as its not clear how much redundancy you may be entitled too but better something than nothing

JR26

Thank you all for your advice and kind words.

I don't trust the HR company that my employers are using. They gave me a letter saying I'd get 1 week PILON but my contract says 4 weeks notice and no PILON clause so I have already had to challenge that. I have worked for my employer for 1 year 10 months so no redundancy payment either!

And yes, after the way I have been treated I'm actually hoping that I am selected for redundancy and if I'm not then I'll be out of there as soon as I can find another job!

Thanks again folks.

Takeaway_Addict

JR26 wrote: »

Thank you all for your advice and kind words.

I don't trust the HR company that my employers are using. They gave me a letter saying I'd get 1 week PILON but my contract says 4 weeks notice and no PILON clause so I have already had to challenge that. I have worked for my employer for 1 year 10 months so no redundancy payment either!

And yes, after the way I have been treated I'm actually hoping that I am selected for redundancy and if I'm not then I'll be out of there as soon as I can find another job!

Thanks again folks.

A little risky as it gives your position away but why not suggest they offer you a settlement agreement for you to leave? That way you're happy, you give up the right to sue them afte which means they will have nothing hanging over their head and everyone can move on?

JR26

I'm just not confident enough to ask something like that unfortunately. We're supposed to find out the outcome tomorrow so I'll have to take it from there.

How would it be best to handle it if I am selected? Appeal against the decision using discrimination as the reason or accept it and then seek legal advice?

getmore4less

What's the situation with the other 4?
Anything else that points to a preselection.
Are you sure they want you out and not someone else or are just trying to be fare.

What business reason triggered the process now?