Can I delay my consultation? Pregnant and at risk of redundancy 29 June 2020 at 2:40PM in Redundancy & Redundancy Planning 9 replies 441 views

holz7

Hello, I'm 17 weeks pregnant and officially at risk of redunancy due to the Covid situation. If I am made redundant, I will be in a terrible situation financially as it is too late for me to apply for a new job and qualify for maternity pay (that would have needed to happen in March). 

I THINK I am right in believing that even if they made me redundant, if this was to happen any time after 15 weeks before my due date they would still need to pay me maternity leave. My consultation to begin discussing all this is at the end of the week and I'm told will last a minimum of 45 days. If at the end of those 45 days they decide to let me go, it will be SIX DAYS before the 15-weeks-before-my-due-date mark. Am I within my rights to delay the consultation by a week or so for this reason? 

Similarly, I've applied for free legal advice but due to how busy the firm is they won't be calling me until 13th July. Would I also be in my rights to delay the consultation because I want to wait for this legal advice first?

Any advice v welcome, thank you so much!

sharpe106

No harm in asking.

https://worksmart.org.uk/work-rights/family-friendly-work/maternity-leave/what-happens-my-statutory-maternity-pay-if-my-job

holz7

Thank you for this! 

thebrexitunicorn

Hi holz7.  If they decide to make you redundant after the 45 day consultation period you would then have a notice period.  Your notice period is whatever is stated in your contract.   However, even if you haven’t been with the company for 2 years (I don’t know how long you’ve been employed) it can’t be less than one week. 

holz7

thebrexitunicorn said:

Hi holz7.  If they decide to make you redundant after the 45 day consultation period you would then have a notice period.  Your notice period is whatever is stated in your contract.   However, even if you haven’t been with the company for 2 years (I don’t know how long you’ve been employed) it can’t be less than one week. 

OH that is a very good point that I hadn't thought of at all!! Thank you so much. This is reassuring. I've been with them nearly 6 years. 

holz7

OH DEAR. My friend just pointed out to me that the 45 days begins from the letter of intent, not the first consultation. Does anyone know if this is correct? If this is true the 45 days will end 2 weeks and 3 days before my 15-weeks-before-due-date mark. Although if I get a month's notice, then as @thebrexitunicorn said, hopefully I will still qualify for the maternity pay. 

vacheron

It depends on the type of company and if they care about their employees. 

I have been a representative in many redundancy hearings and have been successful in extending the process. Sometimes this can be done by simply continuing to ask questions at the hearings and re-convening a week later. Sometimes we have been honest. One person i represented was 2 weeks away from having a service anniversary which would have got him an extra 2.5 weeks of statutory redundancy, so they agreed to move the date and just cited "technical reasons". 

Also, if you are pregnant and have paid sickness, if all else fails, a couple of weeks off just before one or more review meeting could possibly be considered? 

thebrexitunicorn

holz7 said:

OH DEAR. My friend just pointed out to me that the 45 days begins from the letter of intent, not the first consultation. Does anyone know if this is correct? If this is true the 45 days will end 2 weeks and 3 days before my 15-weeks-before-due-date mark. Although if I get a month's notice, then as @thebrexitunicorn said, hopefully I will still qualify for the maternity pay. 

If you have almost six years continuous service your minimum notice period is five weeks (one week per completed year of service).  

holz7

vacheron said:

It depends on the type of company and if they care about their employees. 

I have been a representative in many redundancy hearings and have been successful in extending the process. Sometimes this can be done by simply continuing to ask questions at the hearings and re-convening a week later. Sometimes we have been honest. One person i represented was 2 weeks away from having a service anniversary which would have got him an extra 2.5 weeks of statutory redundancy, so they agreed to move the date and just cited "technical reasons". 

Also, if you are pregnant and have paid sickness, if all else fails, a couple of weeks off just before one or more review meeting could possibly be considered? 

This is really helpful advice, thank you sooooo much. I do have paid sickness so that could work. 

sharpe106

vacheron said:

Also, if you are pregnant and have paid sickness, if all else fails, a couple of weeks off just before one or more review meeting could possibly be considered? 

I am all for giving advice to help people out, but I do not think advising people to basically commit fraud and be dishonest is the way forward.