Maternity leave & redundancy.
Discussion
Unfortunately, both myself and my wife are being made redundant and we have our baby due to arrive soon (very soon).
I have a couple of questions if anyone can help?
The company have said they may ask her to come back as soon s 2 weeks of giving birth to close out projects for a few months until they no longer need her. This is during her maternity leave and there is no extra pay for working during what is a contractual right to paid leave following childbirth. Is this legal?
Once on maternity leave and assuming severance has occured, she will be free to seek employment but effectively on maternity leave. Can she sign on as unemployed but not receive financial benefit at this time?
The reason I ask is that the redundancy policy we have paid into for years to cover our mortgage may now be of some use to us but if she is told by the DHSS she cannot sign on (even though no payments are requested), we will not be able to claim on the policy without evidence of her unemployment.
She is planning on job hunting and returning to employment after maternity leave is finished (26 weeks OML).
We can't seem to get any answers to these questions and I thought perhaps some of you may have experience, or knowledge in this area. All help is much appreciated!
Just to clarify, we are not looking to claim any financial support or benefits at all but we would like to claim on the policy we have put several thousand £££'s of our own money into over the years.
Similarly, I will register as unemployed (the 1st time in 26 years despite this being my 3rd redundancy) but will not be looking to receive any financial benefits.
TIA!
I have a couple of questions if anyone can help?
The company have said they may ask her to come back as soon s 2 weeks of giving birth to close out projects for a few months until they no longer need her. This is during her maternity leave and there is no extra pay for working during what is a contractual right to paid leave following childbirth. Is this legal?
Once on maternity leave and assuming severance has occured, she will be free to seek employment but effectively on maternity leave. Can she sign on as unemployed but not receive financial benefit at this time?
The reason I ask is that the redundancy policy we have paid into for years to cover our mortgage may now be of some use to us but if she is told by the DHSS she cannot sign on (even though no payments are requested), we will not be able to claim on the policy without evidence of her unemployment.
She is planning on job hunting and returning to employment after maternity leave is finished (26 weeks OML).
We can't seem to get any answers to these questions and I thought perhaps some of you may have experience, or knowledge in this area. All help is much appreciated!
Just to clarify, we are not looking to claim any financial support or benefits at all but we would like to claim on the policy we have put several thousand £££'s of our own money into over the years.
Similarly, I will register as unemployed (the 1st time in 26 years despite this being my 3rd redundancy) but will not be looking to receive any financial benefits.
TIA!
Kentish said:
The company have said they may ask her to come back as soon s 2 weeks of giving birth to close out projects for a few months until they no longer need her. This is during her maternity leave and there is no extra pay for working during what is a contractual right to paid leave following childbirth. Is this legal?
No.1. Go to Direct.gov site (or ACAS) for a mine of accurate information
2. Go to a lawyer.
She is entitled to 52 weeks maternity leave. They cannot make her to come back after 2 weeks. They are in very difficult territory by attempting to make your wife redundant at this stage in her pregnancy anyway.
Oh, and 2 weeks after the birth it's highly likely she will be physically unable to, not to mention unlikely she'll want to.
Many thanks for replies which are all in line with what we thought and have researched so far.
The company does offer upto 52 weeks normally but as redeuindancy is imminent they cut it back to 39 weeks but have said they have the right to ask her to return on business need, no extra pay or help with child care (which would be difficult with a baby less than 3 months old).
They haven't said she will have to come back early yet, just warned her that she may be required to and HR stated that she would have no choice (other than refuse and forego redundancy payments; i.e leave the company voluntarily).
The company does offer upto 52 weeks normally but as redeuindancy is imminent they cut it back to 39 weeks but have said they have the right to ask her to return on business need, no extra pay or help with child care (which would be difficult with a baby less than 3 months old).
They haven't said she will have to come back early yet, just warned her that she may be required to and HR stated that she would have no choice (other than refuse and forego redundancy payments; i.e leave the company voluntarily).
see if you can get them to admit that they won't make her redundant if she comes back 2 weeks after the birth,
or even better that they are making her redundant because she is pregnant (if you can do this, then it will cost them A LOT of money)
as others have suggested speak to ACAS soon.
pregnant woman are virtually unsackable, and very hard to make redundant too- look slike this company have already siginificatnly screwed up!
or even better that they are making her redundant because she is pregnant (if you can do this, then it will cost them A LOT of money)
as others have suggested speak to ACAS soon.
pregnant woman are virtually unsackable, and very hard to make redundant too- look slike this company have already siginificatnly screwed up!
companies and the way they handle pregnant staff is always a minefield.
as far as i'm aware they can not force her to come back before the end of her Maternity period but she will also be classed as employed during the whole of this. don't forget though that she still accrues holidays while she is off on maternity!!!!!!
as far as i'm aware they can not force her to come back before the end of her Maternity period but she will also be classed as employed during the whole of this. don't forget though that she still accrues holidays while she is off on maternity!!!!!!
Kentish said:
They haven't said she will have to come back early yet, just warned her that she may be required to and HR stated that she would have no choice (other than refuse and forego redundancy payments; i.e leave the company voluntarily).
Document all statements like this and keep all physical correspondence (letters, emails etc) ahead of talking to ACAS AND a lawyer.Your wife holds all the cards here and you just need clear minded advise on how to play them.
Best of luck
Kentish said:
They haven't said she will have to come back early yet, just warned her that she may be required to and HR stated that she would have no choice (other than refuse and forego redundancy payments; i.e leave the company voluntarily).
If you can get this in writing then you've a very good tribunal case.Our company has an unwritten HR law that pregnant women are untouchable. You need something very cast-iron to let one go, for any reason.
Go see ACAS.
Just to clarify, there are 2500 people being made redundant.
The dept my wife is in has approx. 9 or 10 doing the same role as her and she has better experience and is better qualified for the role than almost all of her colleagues (except her senior managers perhaps and she has even given training guidance to some of those); I digress!
They are probably looking to shed 7 of the 10 and talent select who they will keep for the next few months.
They are likely to de-select my wife and send her on her way during the first wave of redundancies because she will not physically be present to pick up any work, if she doesn't want this to happen, she has been advised that she should return immediatley on request even though she will be on the 26 weeks OML. They usually offer 26 weeks OML plus 26 weeks additional ML but because of redundancy being imminent, they have said this will be cut short to just 26 weeks but the above scenario applies (she may be asked to leave early as she is on leave already or come back and work during OML).
The dept my wife is in has approx. 9 or 10 doing the same role as her and she has better experience and is better qualified for the role than almost all of her colleagues (except her senior managers perhaps and she has even given training guidance to some of those); I digress!
They are probably looking to shed 7 of the 10 and talent select who they will keep for the next few months.
They are likely to de-select my wife and send her on her way during the first wave of redundancies because she will not physically be present to pick up any work, if she doesn't want this to happen, she has been advised that she should return immediatley on request even though she will be on the 26 weeks OML. They usually offer 26 weeks OML plus 26 weeks additional ML but because of redundancy being imminent, they have said this will be cut short to just 26 weeks but the above scenario applies (she may be asked to leave early as she is on leave already or come back and work during OML).
Grey Ghost said:
Document all statements like this and keep all physical correspondence (letters, emails etc) ahead of talking to ACAS AND a lawyer.
Your wife holds all the cards here and you just need clear minded advise on how to play them.
Best of luck
Uhhm, they will only put certain things in writing so far Your wife holds all the cards here and you just need clear minded advise on how to play them.
Best of luck
Kentish said:
Many thanks for replies which are all in line with what we thought and have researched so far.
The company does offer upto 52 weeks normally but as redeuindancy is imminent they cut it back to 39 weeks but have said they have the right to ask her to return on business need, no extra pay or help with child care (which would be difficult with a baby less than 3 months old).
They haven't said she will have to come back early yet, just warned her that she may be required to and HR stated that she would have no choice (other than refuse and forego redundancy payments; i.e leave the company voluntarily).
They CANNOT reduce her maternity leave, it is STATUTORY, ie enshrined in law. ANY ANY breach of this would automatically be constructive dismissal. The company does offer upto 52 weeks normally but as redeuindancy is imminent they cut it back to 39 weeks but have said they have the right to ask her to return on business need, no extra pay or help with child care (which would be difficult with a baby less than 3 months old).
They haven't said she will have to come back early yet, just warned her that she may be required to and HR stated that she would have no choice (other than refuse and forego redundancy payments; i.e leave the company voluntarily).
It sounds more like,
Company need to make redundancies, but need project x completing.
Your wife has specific timely knowledge of project x. Therefore her choices are. Be made redundant with only a statutory minimum payout.
Or
Return to work during her Maternity Leave, then complete project x and recieved generous redundancy terms.
She should ask for confirmation of what those terms are, and when it will be paid.
One of the company policies says upto 52 weeks ML but redundancy policy is different when if refers to ML and states 39 weeks but they have cut this further to 26 weeks arguing that she will no longer be an employee so 26 weeks is the maximum they need to offer.
But in the next breath they have told her she may have to return from ML anytime after the second week onwards and her job may continue until next year if she does.
All very vague and they don't generally confirm specifics in writing.
But in the next breath they have told her she may have to return from ML anytime after the second week onwards and her job may continue until next year if she does.
All very vague and they don't generally confirm specifics in writing.
the company can make you redundant if pregnant if your role is going. now you say there is 9 of them doing the same role and 7 will be going. your wife will go into consultation for the remaining 2 positions but they cant use anything relating to her pregnancy (time off she has had, time off she will have, etc etc) so if she is the most senior with the most experience then they will struggle to get rid of her.
It might be worthwhile getting the redundancy insurance people involved at an early stage. They will want to avoid paying out so the advice they give could put off the actual point of redundancy as long as possible.
You/Your wife should be earning a normal salary until the point when notice is given. They should give at least the notice that is stated in your contract of employment. If they don't then they will be breaking your contract. You are classed as working until the contract is broken or your notice period is finished - then you can claim non-means-tested unemployment for 6 months. If you haven't any savings and outgoings are greater than income then you can also claim means-tested unemployment.
On top of being payed normally for the notice period (even if you don't have to go in to work) there will be the redundancy pay (statutory pay is limited in value regardless of your salary).
There are all sorts of cruel twists in redundancy situations, take advice - especially to avoid affecting payouts from the redundancy insurance policy.
Above all - take advice.
You/Your wife should be earning a normal salary until the point when notice is given. They should give at least the notice that is stated in your contract of employment. If they don't then they will be breaking your contract. You are classed as working until the contract is broken or your notice period is finished - then you can claim non-means-tested unemployment for 6 months. If you haven't any savings and outgoings are greater than income then you can also claim means-tested unemployment.
On top of being payed normally for the notice period (even if you don't have to go in to work) there will be the redundancy pay (statutory pay is limited in value regardless of your salary).
There are all sorts of cruel twists in redundancy situations, take advice - especially to avoid affecting payouts from the redundancy insurance policy.
Above all - take advice.
phil-sti said:
the company can make you redundant if pregnant if your role is going. now you say there is 9 of them doing the same role and 7 will be going. your wife will go into consultation for the remaining 2 positions but they cant use anything relating to her pregnancy (time off she has had, time off she will have, etc etc) so if she is the most senior with the most experience then they will struggle to get rid of her.
This. If her whole department is going apart from 2-3 people, if I were her boss, I'd make sure I kept her on.
Especially if she has more/better experience.
OP - stop reading this, get onto an employment lawyer.
Dont forget if she was made redundant, she will get any holidays up to the date of redundancy, then what she is owed(normally 1 weeks pay per year employed) plus normally 6 weeks at 100%(or what her contract states)in maternity pay. the company will not then pay the remaining 30 weeks of SMP as you wont be employed by them, you can claim this from the government as maternity allowance. this option at least lets you activate redundancy insurance, where as if she was kept on the books until when she went back she would just get the extra accrued holidays but would technically still be employed.
phil-sti said:
Dont forget if she was made redundant, she will get any holidays up to the date of redundancy, then what she is owed(normally 1 weeks pay per year employed) plus normally 6 weeks at 100%(or what her contract states)in maternity pay. the company will not then pay the remaining 30 weeks of SMP as you wont be employed by them, you can claim this from the government as maternity allowance. this option at least lets you activate redundancy insurance, where as if she was kept on the books until when she went back she would just get the extra accrued holidays but would technically still be employed.
Good points all thank you.This is from the company FAQs:-
Q:- Can I be made redundant whilst I am on maternity leave?
A:- Employers are entitled to make employees redundant who are absent during Ordinary Maternity Leave (OML) or Additional Maternity Leave (AML).
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