Redundancy during maternity leave
Redundancy during maternity leave
Author
Discussion

Lostprophet

Original Poster:

2,549 posts

198 months

Thursday 1st May 2014
quotequote all
Hi All,

I am hoping for some guidance. I have been through a few websites. They seem confusing.

My wife is on maternity leave. We had a baby girl 3 weeks ago. She received a call yesterday from her employers saying her role is being made redundant.

Employers have offered to pay her notice period and also 6 weeks of pay as redundancy. That's a week for every year she's been at the business.

There's no like for like opportunity in her business.

I was trying to work out where she stands on maternity pay, and even if they can do this while she's on leave.

Any ideas?

Regards,

LP.

randlemarcus

13,646 posts

260 months

Thursday 1st May 2014
quotequote all
Just her, or is this a team/offer ce thing?

Lostprophet

Original Poster:

2,549 posts

198 months

Thursday 1st May 2014
quotequote all
Her and her manager. The role is moving to Europe.

idiotgap

2,113 posts

162 months

Thursday 1st May 2014
quotequote all
It's sad, but they can. I've seen it before.

Gargamel

16,350 posts

290 months

Thursday 1st May 2014
quotequote all
Two roles out of how many though, has she been offered any other suitable roles, or even had a consultation.

She cannot simply be told she is being made redundant, their needs to be a process where she is informed her role is "at risk" then a period of consultation etc

Have they followed the correct process and you are summarising ?


Even if they have done all the right things, the offer doesn't sound overly generous considering six years service.

I would advice your wife to write back stating that with she is considering seeking further legal advice, but would prefer to "go quietly" however feel strong that the offer is low, especially in light of loyal service, aetc etc. Would however settle at 12 weeks plus notice period.

Or similar

He who dares ...etc

Gargamel

16,350 posts

290 months

Thursday 1st May 2014
quotequote all
idiotgap said:
It's sad, but they can. I've seen it before.
Absolutely - sorry - to be clear they can do this, but they need to do it in the correct legal way.

Lostprophet

Original Poster:

2,549 posts

198 months

Thursday 1st May 2014
quotequote all
Fair enough. It's not pleasant but it is what it is.

They have put her at risk. Ultimately it will result in termination as they offered her 2 roles. One in Eastern Europe and a full time position in Hemel where she works. She currently does 4 days a week as we also have a 4 year old lad too.

I agree, 6 weeks is ste. I think it's company policy when it comes to redundancy.

Does she get statutory maternity payments or does that terminate when they make her redundant. Is that a negotiating point?

Edited by Lostprophet on Thursday 1st May 18:40

Lostprophet

Original Poster:

2,549 posts

198 months

Thursday 1st May 2014
quotequote all
It does suck that companies axe as they please with little consideration for their employees.

KFC

3,687 posts

159 months

Thursday 1st May 2014
quotequote all
Lostprophet said:
It does suck that companies axe as they please with little consideration for their employees.
Would you prefer they stayed where they are, couldn't compete and closed down with 100% job losses instead?

Lostprophet

Original Poster:

2,549 posts

198 months

Thursday 1st May 2014
quotequote all
KFC said:
Would you prefer they stayed where they are, couldn't compete and closed down with 100% job losses instead?
Missing the point.

Gargamel

16,350 posts

290 months

Thursday 1st May 2014
quotequote all
It is fairly bad press for a company making someone redundant when they are on maternity, so maybe she could strike a deal for 12 weeks money and notice, in return she will say she took voluntary redundancy.


KFC

3,687 posts

159 months

Thursday 1st May 2014
quotequote all
Lostprophet said:
KFC said:
Would you prefer they stayed where they are, couldn't compete and closed down with 100% job losses instead?
Missing the point.
Your original point was nonsense though. Companies can't just 'do what they want'.

KFC

3,687 posts

159 months

Thursday 1st May 2014
quotequote all
Gargamel said:
It is fairly bad press for a company making someone redundant when they are on maternity, so maybe she could strike a deal for 12 weeks money and notice, in return she will say she took voluntary redundancy.
Trying to blackmail an employee is definitely a great way to ensure future employment opportunities in the industry, great idea smile

Gargamel

16,350 posts

290 months

Friday 2nd May 2014
quotequote all
KFC said:
Trying to blackmail an employee is definitely a great way to ensure future employment opportunities in the industry, great idea smile
You can do a lot of damage to a corporate reputation on social media these days ! (especially with accompanying baby photos......)


anonymous-user

83 months

Friday 2nd May 2014
quotequote all
Gargamel said:
KFC said:
Trying to blackmail an employee is definitely a great way to ensure future employment opportunities in the industry, great idea smile
You can do a lot of damage to a corporate reputation on social media these days ! (especially with accompanying baby photos......)
Just as stupid as trying to blackmail an employer, which is what, it appears, KFC meant.

Why not just behave correctly, as the employer will hopefully do, and if redundancy is necessary, accept it and move on?


Gargamel

16,350 posts

290 months

Friday 2nd May 2014
quotequote all

I take it then you would never try to negoitiate with your employer, just accept whatever proposal they make, tug your forelock and be grateful ?


I am merely suggesting that given that making pregnant women redundant is terrible PR, the company might be open to an enhanced redundancy payout to avoid any unpleasant conversations.

Blackmail ? Some of you need to chill

KFC

3,687 posts

159 months

Friday 2nd May 2014
quotequote all
Gargamel said:
I take it then you would never try to negoitiate with your employer, just accept whatever proposal they make, tug your forelock and be grateful ?


I am merely suggesting that given that making pregnant women redundant is terrible PR, the company might be open to an enhanced redundancy payout to avoid any unpleasant conversations.

Blackmail ? Some of you need to chill
There is a huge difference between negotiating, and trying to hold them to ransom like you're saying with bad pr, social media, baby photos and such nonsense.

If they deliberately get rid of her because she's pregnant then yes its a pr disaster.... but honestly if they're closing an office and one person happens to be pregnant - nobody is going to give a st. Yet the person trying to blackmail their way out of the situation.... their name is going to be muck in the industry.

Gargamel

16,350 posts

290 months

Friday 2nd May 2014
quotequote all

Sorry KFC, you have taken a very severe interpration of my comments, and I am not seriously suggesting she march in to work with a list of websites on which she is going to post about what a terrible employer they are.


Simply that any interaction with an employer is a negoitiation. They have offered six weeks redundancy (IE Statutory Minimum)

In light of her circumstances, would they be prepared to offer more ? I think it is worth asking. That then begs the question of leverage, what would the company be getting for the additional money ?

I would say that the answer to that is they get a reputation for treating people fairly, the flip side of that coin is that if they pay minimum, then their reputation perhaps deserves to be called into question.

www.glassdoor.com

southendpier

6,208 posts

258 months

Friday 2nd May 2014
quotequote all
Your wife's employer has already decided she is redundant without following any of the protocols? Really?

They must tell her she is at risk and then go through a consultation period. They have not and ultimately would lose a tribunal.

She will have statutory minumum redundancy pay etc.

Also she cannot simply be told there are not other roles for her without everyone understanding what potential roles there are and then give her the opportunity to apply for them.

Local Citizens advice or the company's own HR department would be my first point of call.









Sir Bagalot

7,085 posts

210 months

Friday 2nd May 2014
quotequote all
What is her notice period?