Any HR Experts?
Discussion
My wife is on maternity leave and has access to her maternity cover's email account and several other accounts (she's office manager for a small company and does all that kind of admin)
She's seen that she will be getting a call and going into consultation tomorrow with a view to redundancy and the company trying to keep her maternity cover in some capacity.
What does her employer need to do to be totally above board and what are the pitfalls for them? It seems unfair that my wife will be gone after many years loyal service and the cover will be kept on.
Cheers
She's seen that she will be getting a call and going into consultation tomorrow with a view to redundancy and the company trying to keep her maternity cover in some capacity.
What does her employer need to do to be totally above board and what are the pitfalls for them? It seems unfair that my wife will be gone after many years loyal service and the cover will be kept on.
Cheers
HR expert sat across from me.
As she is on maternity leave, she has priority over anyone else to be offered a suitable alternative role.
The important thing here is the roles, not the people.
If the cover is literally taking her role, that is simply not allowed.
If the cover's new offered role is different, your wife still has priority as long as she has the skills to do the role.
Maternity is a protected characteristic.
As she is on maternity leave, she has priority over anyone else to be offered a suitable alternative role.
The important thing here is the roles, not the people.
If the cover is literally taking her role, that is simply not allowed.
If the cover's new offered role is different, your wife still has priority as long as she has the skills to do the role.
Maternity is a protected characteristic.
That's not legal as you have presented it. Is the cover doing the same role, or are there components your wife is unable to do? There are a lot of laws protecting her on maternity leave.
Speak to the employer first, they may just be dim, they may choose to offer a settlement agreement that you may choose to accept. Speak to a solicitor.
I am not a lawyer, but my wife was (unlawfully) made redundant on maternity leave. We read a lot, and came to an agreement that was significantly more generous.
Happy to help where I can.
https://maternityaction.org.uk
Speak to the employer first, they may just be dim, they may choose to offer a settlement agreement that you may choose to accept. Speak to a solicitor.
I am not a lawyer, but my wife was (unlawfully) made redundant on maternity leave. We read a lot, and came to an agreement that was significantly more generous.
Happy to help where I can.
https://maternityaction.org.uk
As mentioned above - it's the role that has to be shown to be redundant. You can't (legally) make someone redundant from a role and get another person to fill exactly the same role. My guess is that covid has hit the business, they've "coped" with your wife's absence and a cheaper substitute and a penny has dropped somewhere that with a bit of creative slicing and dicing of roles and responsibilities they can continue enjoy the same productivity but with a reduced wage bill. However if your wife has the skills and experience to undertake the "sliced and diced" version of the role that the substitute is offered - your wife has to be offered the role first.
I assume "many years loyal service" means she's been at the company for longer than 2 years? Does she have documented performance appraisals?
Get her to keep a diary of all conversations, emails, telephone calls relating to her employment situation.
Fundamentally if the company want her out they will find a way but it will cost them. One way is with the company offering a Compromise Agreement ("here's your redundancy payment that you are legally entitled to, and here is some more cash that you can have if you sign this contract agreeing not to take us to court").
It's worth having an initial conversation with a recommended employment lawyer. Many offer a free initial consultation.
I assume "many years loyal service" means she's been at the company for longer than 2 years? Does she have documented performance appraisals?
Get her to keep a diary of all conversations, emails, telephone calls relating to her employment situation.
Fundamentally if the company want her out they will find a way but it will cost them. One way is with the company offering a Compromise Agreement ("here's your redundancy payment that you are legally entitled to, and here is some more cash that you can have if you sign this contract agreeing not to take us to court").
It's worth having an initial conversation with a recommended employment lawyer. Many offer a free initial consultation.
NewUsername said:
My wife is on maternity leave and has access to her maternity cover's email account and several other accounts (she's office manager for a small company and does all that kind of admin)
She's seen that she will be getting a call and going into consultation tomorrow with a view to redundancy and the company trying to keep her maternity cover in some capacity.
What does her employer need to do to be totally above board and what are the pitfalls for them? It seems unfair that my wife will be gone after many years loyal service and the cover will be kept on.
Cheers
PM me if you want any assistance, my wife is HR Director level and would be happy to advise you She's seen that she will be getting a call and going into consultation tomorrow with a view to redundancy and the company trying to keep her maternity cover in some capacity.
What does her employer need to do to be totally above board and what are the pitfalls for them? It seems unfair that my wife will be gone after many years loyal service and the cover will be kept on.
Cheers
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