Made redundant whilst on maternity help

I wonder if someone could give me advice.
1. When you get made redundant if you have worked for the company for 6 years full time and 2 years part time in your redundancy package which annual income is considered? My work has started due to me being part time currently I would only get the week for every year in part time salary.
2. My employer has not kept me in the loop during consultation and by own admission stated they apologise as they forgot this I'd because I was on maternity. Further to this they extended my redundancy date so that it fell 2 months later so they had enough time to then consult with me . In one of the meetings one of the HR advisors stated explicitly to me that even if I was made aware of consultation anything I would have said would not have changed outcome, is this allowed?
3  I tried to ask my employer for injury to feelings and set out a 4 page letter as to what they had done, the worst being sending my draft redundancy with my details on to a fellow colleague. So this breached GDPR. They reported it as soon as they found out. Would I be entitled to something for this? 
I'd also like to add the redundancy is fair as the whole office is closing so even though I'm on maternity. They also offered me a role which has a greater salary but lower title l, if I don't accept this and decide to go tribunal will it affect my costs? 
Thank u in advance for whoever can help me on any of the points

Comments

  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538
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    edited 9 February 2020 at 5:34PM
    Ladyi said:
    I wonder if someone could give me advice.
    1. When you get made redundant if you have worked for the company for 6 years full time and 2 years part time in your redundancy package which annual income is considered? My work has started due to me being part time currently I would only get the week for every year in part time salary.
    2. My employer has not kept me in the loop during consultation and by own admission stated they apologise as they forgot this I'd because I was on maternity. Further to this they extended my redundancy date so that it fell 2 months later so they had enough time to then consult with me . In one of the meetings one of the HR advisors stated explicitly to me that even if I was made aware of consultation anything I would have said would not have changed outcome, is this allowed?
    3  I tried to ask my employer for injury to feelings and set out a 4 page letter as to what they had done, the worst being sending my draft redundancy with my details on to a fellow colleague. So this breached GDPR. They reported it as soon as they found out. Would I be entitled to something for this? 
    I'd also like to add the redundancy is fair as the whole office is closing so even though I'm on maternity. They also offered me a role which has a greater salary but lower title l, if I don't accept this and decide to go tribunal will it affect my costs? 
    Thank u in advance for whoever can help me on any of the points
    What do you actually want?

    The employer made a mistake by not keeping you in the loop and corrected this- as such I doubt you have anything on this.

    The redundancy is based on part time.

    If the worst is sending your draft redundancy to someone else then I doubt you'd get anything.

    Goto a tribunal for what? 

    You even said it was fair, either take the new job or don't and move on.

    EDIT: just check though that you will still get your redundancy if you refuse the new job
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Undervalued
    Undervalued Posts: 8,817
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    Ladyi said:
    I wonder if someone could give me advice.
    1. When you get made redundant if you have worked for the company for 6 years full time and 2 years part time in your redundancy package which annual income is considered? My work has started due to me being part time currently I would only get the week for every year in part time salary.
    2. My employer has not kept me in the loop during consultation and by own admission stated they apologise as they forgot this I'd because I was on maternity. Further to this they extended my redundancy date so that it fell 2 months later so they had enough time to then consult with me . In one of the meetings one of the HR advisors stated explicitly to me that even if I was made aware of consultation anything I would have said would not have changed outcome, is this allowed?
    3  I tried to ask my employer for injury to feelings and set out a 4 page letter as to what they had done, the worst being sending my draft redundancy with my details on to a fellow colleague. So this breached GDPR. They reported it as soon as they found out. Would I be entitled to something for this? 
    I'd also like to add the redundancy is fair as the whole office is closing so even though I'm on maternity. They also offered me a role which has a greater salary but lower title l, if I don't accept this and decide to go tribunal will it affect my costs? 
    Thank u in advance for whoever can help me on any of the points
    Very likely yes. The general principle in any civil claim is that you are expected to mitigate your losses as far as reasonably possible.
    Redundancy isn't optional (and technically so called voluntary redundancy doesn't exist despite it being a common phrase)! Your right is not to be made redundant unless you genuinely are. The offer of another job with a greater salary is something you would normally be expected to accept. Obviously you and your employer can agree to part company on pretty much any agreed terms if both parties are happy. However if they don't want to do that you can't make them.

    As I see it any GDPR breaches are a separate matter. You might (or might not) have a claim against them which may (or may not) lead to some compensation but I struggle to see how that affects the redundancy situation at all?
  • Ladyi
    Ladyi Posts: 60
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    Ladyi said:
    I wonder if someone could give me advice.
    1. When you get made redundant if you have worked for the company for 6 years full time and 2 years part time in your redundancy package which annual income is considered? My work has started due to me being part time currently I would only get the week for every year in part time salary.
    2. My employer has not kept me in the loop during consultation and by own admission stated they apologise as they forgot this I'd because I was on maternity. Further to this they extended my redundancy date so that it fell 2 months later so they had enough time to then consult with me . In one of the meetings one of the HR advisors stated explicitly to me that even if I was made aware of consultation anything I would have said would not have changed outcome, is this allowed?
    3  I tried to ask my employer for injury to feelings and set out a 4 page letter as to what they had done, the worst being sending my draft redundancy with my details on to a fellow colleague. So this breached GDPR. They reported it as soon as they found out. Would I be entitled to something for this? 
    I'd also like to add the redundancy is fair as the whole office is closing so even though I'm on maternity. They also offered me a role which has a greater salary but lower title l, if I don't accept this and decide to go tribunal will it affect my costs? 
    Thank u in advance for whoever can help me on any of the points
    What do you actually want?

    The employer made a mistake by not keeping you in the loop and corrected this- as such I doubt you have anything on this.

    The redundancy is based on part time.

    If the worst is sending your draft redundancy to someone else then I doubt you'd get anything.

    Goto a tribunal for what? 

    You even said it was fair, either take the new job or don't and move on.

    EDIT: just check though that you will still get your redundancy if you refuse the new job
    I want recognition and I want injury to feelings as I was not kept in the loop. I'm on maternity and although you're supposed to mitigate losses but this is also my year to enjoy my baby and take time to heal my body from the trauma that has been caused. I should not have to spend it mitigating losses... or so I thought.
    I want compensation from work. I have built a great reputation at work and worked hard to earn a managerial role that was kept part time due to my time there. I find that other jobs means I'm on the back foot especially as I'm off on maternity. 
    I guess I just want a way to be able to get more compensation from work rather than just statutory redundancy which I don't think is fair.
  • Ladyi
    Ladyi Posts: 60
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    Ladyi said:
    I wonder if someone could give me advice.
    1. When you get made redundant if you have worked for the company for 6 years full time and 2 years part time in your redundancy package which annual income is considered? My work has started due to me being part time currently I would only get the week for every year in part time salary.
    2. My employer has not kept me in the loop during consultation and by own admission stated they apologise as they forgot this I'd because I was on maternity. Further to this they extended my redundancy date so that it fell 2 months later so they had enough time to then consult with me . In one of the meetings one of the HR advisors stated explicitly to me that even if I was made aware of consultation anything I would have said would not have changed outcome, is this allowed?
    3  I tried to ask my employer for injury to feelings and set out a 4 page letter as to what they had done, the worst being sending my draft redundancy with my details on to a fellow colleague. So this breached GDPR. They reported it as soon as they found out. Would I be entitled to something for this? 
    I'd also like to add the redundancy is fair as the whole office is closing so even though I'm on maternity. They also offered me a role which has a greater salary but lower title l, if I don't accept this and decide to go tribunal will it affect my costs? 
    Thank u in advance for whoever can help me on any of the points
    Very likely yes. The general principle in any civil claim is that you are expected to mitigate your losses as far as reasonably possible.
    Redundancy isn't optional (and technically so called voluntary redundancy doesn't exist despite it being a common phrase)! Your right is not to be made redundant unless you genuinely are. The offer of another job with a greater salary is something you would normally be expected to accept. Obviously you and your employer can agree to part company on pretty much any agreed terms if both parties are happy. However if they don't want to do that you can't make them.

    As I see it any GDPR breaches are a separate matter. You might (or might not) have a claim against them which may (or may not) lead to some compensation but I struggle to see how that affects the redundancy situation at all?
    I want to claim injury to feelings and state that had it not been for breach then I may have taken up the role. But there have been trust issues since redundancy and hence why I am unable to work or take work they offer as I cannot trust the company with my personal details 
  • ToxicWomble
    ToxicWomble Posts: 882
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    edited 17 February 2020 at 1:18PM
    The amount issued in claims against injury to feelings is usually pretty standard.     £0

    Typically the human body recovers from the “trauma” of childbirth in a matter of weeks and not months as well. You wanting to enjoy a year with the baby sadly is a luxury you find yourself not being able to fulfill now
  • Undervalued
    Undervalued Posts: 8,817
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    edited 17 February 2020 at 1:28PM
    Ladyi said:
    Ladyi said:
    I wonder if someone could give me advice.
    1. When you get made redundant if you have worked for the company for 6 years full time and 2 years part time in your redundancy package which annual income is considered? My work has started due to me being part time currently I would only get the week for every year in part time salary.
    2. My employer has not kept me in the loop during consultation and by own admission stated they apologise as they forgot this I'd because I was on maternity. Further to this they extended my redundancy date so that it fell 2 months later so they had enough time to then consult with me . In one of the meetings one of the HR advisors stated explicitly to me that even if I was made aware of consultation anything I would have said would not have changed outcome, is this allowed?
    3  I tried to ask my employer for injury to feelings and set out a 4 page letter as to what they had done, the worst being sending my draft redundancy with my details on to a fellow colleague. So this breached GDPR. They reported it as soon as they found out. Would I be entitled to something for this? 
    I'd also like to add the redundancy is fair as the whole office is closing so even though I'm on maternity. They also offered me a role which has a greater salary but lower title l, if I don't accept this and decide to go tribunal will it affect my costs? 
    Thank u in advance for whoever can help me on any of the points
    Very likely yes. The general principle in any civil claim is that you are expected to mitigate your losses as far as reasonably possible.
    Redundancy isn't optional (and technically so called voluntary redundancy doesn't exist despite it being a common phrase)! Your right is not to be made redundant unless you genuinely are. The offer of another job with a greater salary is something you would normally be expected to accept. Obviously you and your employer can agree to part company on pretty much any agreed terms if both parties are happy. However if they don't want to do that you can't make them.

    As I see it any GDPR breaches are a separate matter. You might (or might not) have a claim against them which may (or may not) lead to some compensation but I struggle to see how that affects the redundancy situation at all?
    I want to claim injury to feelings and state that had it not been for breach then I may have taken up the role. But there have been trust issues since redundancy and hence why I am unable to work or take work they offer as I cannot trust the company with my personal details 
    You need to get proper legal advice about this but, as I have said, I do not think there is any legal connection between the (alleged) GDPR breaches and the redundancy situation.

    If your position is genuinely redundant (remember it is a position that become redundant not a person) then the post holder can lawfully be made redundant just by paying the amounts set down in law. Technically being on maternity leave is irrelevant.

    However, you say they have offered an alternative job? Based on what has been posted here I think you will struggle to argue that "trust issues" are sufficient reason to turn down an alternative job, particularly at a higher salary! Job "titles" are largely meaningless. 

    If however they want rid of you for some other reason and are fabricating the redundancy situation then you would have a valid claim against them. Or at least you would have had, were they not offering you another job with a higher salary!

    Alternatively you can agree to "go quietly" via a settlement agreement on whatever terms you can negotiate.


  • swaledale_one
    swaledale_one Posts: 90
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    edited 23 February 2020 at 9:56PM
    The whole office is getting made redundant yet they have offered YOU a position with LESS accountability and LESS responsibility for MORE money...and the problem being? ...Sorry just reread that you are claiming they hurt your feelings due to sending a document to the wrong address it all makes sense now......
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