Help. I am a Deputy Manager contracted to 39 hours per week, and have been on maternity leave for 1 and a half months now and I have just received a letter stating that my shop is closing.
I know the company are looking to offer everyone alternative employment, something I do not really want as cannot work 39 hours upon my return, plus I do not want to travel further away. I have a feeling that they will offer my something in a different shop in another area, forcing me to refuse, then my redunancy will be forfeited. Can this happen?
Also, they have stated that if they cannot find suitable employment elsewhere for me and they have to make me redunant, then I am only entitled to severance pay of £865.38 (having been employed for 3 years) and 4 weeks Contractual Notice pay. However I am on maternity leave - shouldnt they pay my maternity pay for the remaining 33 weeks? They have conveiniently forgotten to mention this.
I would appreciate some advice please as I was hoping I would get maternity pay and severance pay?
Thanks
Facing redunancy whilst on maternity leave.
- 05-10-10, 02:30 PM #1Karenr
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Facing redunancy whilst on maternity leave.
- 05-10-10, 08:35 PM #2
If you unreasonably refuse an offer of suitable alternative employment you may forfeit your redundancy, yes. So it will all depend on what they offer you, if anything. 'Suitable' means a job that is suitable for your skills and experience and on terms and conditions no less favourable than you are on now.
Whether additional travel could be considered unreasonable would depend on how much further you are being expected to travel, and whether any personal circumstances would make the travel or relocation impossible.
Is there a mobility clause in your contract at all, saying they can move you where they like or something?
Yes if you are redundant they will need to continue to pay you SMP for the rest of your maternity leave. I imagine it was a standard letter and whoever produced them either didn't know or forgot that you were on maternity leave, or didn't realise it made any difference. Don't worry, that will be easy to sort out.
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