Good Afternoon All,
My wife has been given a letter stating 30 days consultation of redundancy. they have told her that the end date will be 3rd April.
As she is currently 21 weeks pregnant, the doctor has given her form MAT1B early so she can hand it in as I believe her 'qualifying week' will be w/c 29th March.
She has tried to do this and her company are warning her they have no liability towards her maternity if she is made redundant. Their reason for this is that they made her aware of possible redundancy on 2nd March .
Is this correct?
Shaun
Pregnancy / Redundancy
- 10-03-09, 12:59 PM #1Hull_Tiger
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Pregnancy / Redundancy
- 10-03-09, 10:30 PM #2
Dear Hull Tiger
If your wife is made redundant before she starts maternity leave then they dont have a responsbility to pay SMP. However, notice does not start until the end of consultation. Therefore I would wait to see if she is selected for redundancy and then at that time come back to us so that we can check all the dates out properly for you.
Your wife has to have been employed by her company for 26 weeks at the 15th week of pregnancy to qualify for SMP. You do not state how long she has been employed by her company.
Do let us know the details once the selections have been finalised.
Hope this has helped.
Best wishes
Carol
- 24-03-09, 10:08 AM #3Hull_Tiger
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Good Morning,
This morning the wife has been told exactly what will be happening.
Out of her team of five, three will be lost.
End date will Friday 3rd April.
With regards to her pregnancy, she is due on 16/07/2009. I have checked on teh HMRC website and that states that her 'qualifying week' is w/c 29/03 so I don't believe the maternity pay should be an issue. She started her employment in September 2007.
However another issue has emerged. They have said that an area of the job will be key to the selection process. Two of her colleagues know this part but she does not. She has never been offered this training as she was asked to train in another aspect instead which will be defunct as of the 3rd April.
Is it legal they can base the selection process on an aspect of the job to which she has never had access to any training?
Many Thanks
- 24-03-09, 02:28 PM #4Hull_Tiger
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Also, she has had nothing in writing about the selection criteria and she has been told that the next meeting is the actual final decision.
Shoudl she have had this in advance?
- 03-04-09, 10:56 AM #5Hull_Tiger
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Hi,
I would appreciate any help anyone can give.
She has been told today that she has been selected for redundancy.
The reasons given were:
- She had no graphics skills - an area which has not been involved in her role at all in the past or present. They said it 'may' be involved in the future of the role but not certain.
- She has not had training in one piece of software - This was because she was asked to train in a different area which is defunct as of today. She has never had access to this training. Also, the person who has actually had this training has not used this software for over a year.
The two people retained; one has graphics skill, the other trained in the piece of software previously mentioned.
As I've previously stated, she is 25 weeks pregnant and qualifies for maternity (which they have confirmed).
I feel they may have been unfair in their selection criteria and would like any advice?
Many Thanks
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