Redundancy whilst on maternity leave

firebird082 · 12 June 2017 at 5:07PM

Hi all,

Heard from work last week that my role is at risk of redundancy. I'm currently on maternity leave, with baby due imminently. I'm aware that there are some protections due to my current status, but I'm not entirely clear how far this goes (I've read the ACAS pages). Current contract gives me additional maternity pay for 18 weeks before it reverts to statutory (which I understand they have to pay me, even if made redundant, as it's paid by gov?).

I have another meeting tomorrow to confirm more details (the pool of people at risk, scoring etc) and would like to be informed as to my rights. Don't obviously trust work not to cut corners and try and get away with a little as possible if they've got the option...and will need to consider financial consequences of all options.

Thanks

getmore4less · 13 June 2017 at 7:17AM

The main additional right is preferential treatment on suitable alternatives.

If smart they can get round this, something to keep back until you know the reasons behind the redundancies their scope and if selected what alternative jobs there are that would be suitable.

firebird082 · 13 June 2017 at 10:03AM

Thanks...it seems there is a pool of (2 or 3 of) us for 1 remaining job in my team - does the preferential offer of an alternative not include the job in my team that remains then? Will know my scoring this afternoon, but presumably not how that compares to anyone else's. .

firebird082 · 13 June 2017 at 6:04PM

Ok, so my score was apparently lower than colleague's, so I'm out. Next meeting is an appeal one - have some grounds here I think, as a couple of the criteria are potentially affected by pregnancy, which is something I understand they have to be really careful about... these are performance, and adaptability and flexibility. Manager has only been around since July, and I have been pregnant since September, so I imagine there's potential to argue that she is unaware of the 'normal, un-pregnant' me? Especially given that my previous appraisal rating was higher than this year's...?

Sparx · 13 June 2017 at 10:28PM

For what it's worth, I went through redundancy 2 years ago - two of my colleagues were in similar circumstances, however our redundancy was mandatory and we all had to go. They relocated our office function to another office in the UK...

One colleague was due on mat leave in 2-3 months, the other was already on mat leave. When it came to redundancy, they received the remainder of the company mat leave pay, statutory mat pay, redundancy pay, the bonus the rest of staff got etc so was zero discrimination.

I thought that was quite fair to be honest! They came out quite well, hopefully your employer treats you the same.

sangie595 · 14 June 2017 at 8:32AM

firebird082 wrote: »

Ok, so my score was apparently lower than colleague's, so I'm out. Next meeting is an appeal one - have some grounds here I think, as a couple of the criteria are potentially affected by pregnancy, which is something I understand they have to be really careful about... these are performance, and adaptability and flexibility. Manager has only been around since July, and I have been pregnant since September, so I imagine there's potential to argue that she is unaware of the 'normal, un-pregnant' me? Especially given that my previous appraisal rating was higher than this year's...?

No, you aren't "out". You are on maternity leave and still within ordinary maternity leave. There is still one job left. So unless someone else is also on maternity leave, that job is yours - by law. During ordinary maternity leave, you must be offered the job without competition. See here https://www.maternityaction.org.uk/advice-2/mums-dads-scenarios/redundancy-during-pregnancy-and-maternity-leave-additional-questions/

Since this is a reduction in the number of staff to one, and your legal right is to return to that position, the employer cannot offer it to someone not on maternity leave, no matter what the score is. You will need to point out to them that they are proposing to break the law!

firebird082 · 14 June 2017 at 11:30AM

sangie595 wrote: »

Since this is a reduction in the number of staff to one, and your legal right is to return to that position, the employer cannot offer it to someone not on maternity leave, no matter what the score is. You will need to point out to them that they are proposing to break the law!

Oh really? That's interesting...can you point me in the direction of the legalities? I wasn't entirely clear on this point, as it seems like positive discrimination in many ways against my colleague who doesn't happen to be on maternity leave... of course, a case for unfair dismissal could be interesting if I choose not to challenge it now (in many ways, redundancy is more appealing finaincially than staying).

getmore4less · 14 June 2017 at 2:48PM

if you want to leave then timing can be on your side.

play your hand too early and they can undo the mess they got themselves into by not making everyone redundant and creating a new post that is not a suitable alternative for you

at some point a settlement agreement will potentially be on the cards to enhance a payout.

firebird082 · 14 June 2017 at 4:50PM

Ok, so probably best to keep quiet, have the baby and leave it all for the time being then. If this next meeting is supposed to be about the appeal to the decision, does that mean my colleague's position is also not confirmed until they have absolutely confirmed what is happening with me?

I find it really quite suprising that the HR department of a company with several hundred employees can be so unaware of the law.

sangie595 - so the pool was 2 of us, with 1 job remaining. If the law says I have to be offered the job, why was I in the redundancy pool at all, and why did they bother to score it using assorted performance criteria?

Takeaway_Addict · 14 June 2017 at 7:37PM

firebird082 wrote: »

Ok, so probably best to keep quiet, have the baby and leave it all for the time being then. If this next meeting is supposed to be about the appeal to the decision, does that mean my colleague's position is also not confirmed until they have absolutely confirmed what is happening with me?

I find it really quite suprising that the HR department of a company with several hundred employees can be so unaware of the law.

sangie595 - so the pool was 2 of us, with 1 job remaining. If the law says I have to be offered the job, why was I in the redundancy pool at all, and why did they bother to score it using assorted performance criteria?

Because 1) they thought it would be an easy way to get rid of you or 2) they genuinally thought you were the weaker candidate but were ignorant of the law.

firebird082 · 14 June 2017 at 7:58PM

Hmmm, probably 2, as I really don't think it's malicious, but it has been done in rather a hurry. Will need to speak to some form of legal representation in due course then to confirm my facts, but this will all have to wait until after baby's arrival. Your help very much appreciated, and I will be back for more in due course!

Redundancy whilst on maternity leave

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