We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Made redundant whilst on maternity help
Ladyi
Posts: 61 Forumite
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
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
0
Comments
-
What do you actually want?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
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 jobDon't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0 -
Very likely yes. The general principle in any civil claim is that you are expected to mitigate your losses as far as reasonably possible.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
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?1 -
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.Takeaway_Addict said:
What do you actually want?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
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 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.0 -
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 detailsUndervalued said:
Very likely yes. The general principle in any civil claim is that you are expected to mitigate your losses as far as reasonably possible.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
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?0 -
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 now3 -
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.Ladyi said:
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 detailsUndervalued said:
Very likely yes. The general principle in any civil claim is that you are expected to mitigate your losses as far as reasonably possible.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
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?
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.
1 -
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......0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards