Redundancy whilst on Maternity leave

  1. #1
    GCRA GCRA is offline Junior Member
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    Default Redundancy whilst on Maternity leave

    The company I work for are currently in a 90 day consultation period and I have been identified as at risk of redundancy as my post is being moved to a different location. I am currently absent from work on maternity leave and I have been off for a total of 22 weeks so far and I have worked for the company for just over 4 years. I am struggling to find information to answer the following questions:

    1. What are my rights whilst in the 90 day consultation period?
    2. What are my rights if I am made redundant?
    3. Is my employer obliged to offer me an alternative position (if any are available) over my colleagues?
    3. My company also offers a return to work bonus (5 months pay) for mothers coming back to work after maternity leave. If I am made redundant do I have any rights to argue that this bonus should still be paid? The package I have currently been offered is slightly more than what I would have received if I had gone back to work so I feel essentially I'll be financially no better off but obviously wont have a job either. Also I feel that they are 'cutting short' my leave as I will have have to start looking for alternative employment alot sooner than I would have if I was just returning to work.
    4. The reason they have given for my post being made redundant is that it's moving to a different location and as such all except one have been identified as at risk. We all do the same role, are there grounds to argue to discrimination as they decided to keep one member of the team? My understanding is that she'll be moved into a new team.
    5. Can a redundancy severance package be negotiated?
    6. The selection criteria for redundancy is performance, future contribution and skills and experience. Can I ask them how I scored in these areas over my colleagues and what period the data was taken from considering I have been on leave?

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    Peter Etherington Peter Etherington is offline Senior Member
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    Hi

    In answer to each point (although your numbering went a bit wrong!):

    1. You should have been involved in electing suitable employee reps for the 90 day consultation period, unless your company has union recognition and is consulting with the union instead. If they have not been keeping you involved in this way, then there is potential discrmination right there.
    2. If you are made redundant you are entitled to notice, any outstanding SMP and redundancy pay - notice could run alongside your maternity leave and SMP could go towards your notice pay.
    3. Yes, you should get first dips for any suitable alternative posts. If not then that is potential sex discrmination.
    4. not sure on this one - depends on what the contract/policy says. It is a contractual matter.
    5. This is similar to question 3 - if the person is being retained in a suitable alternative post then they should be offering it to you first.
    6. Yes, a package could be negotiated - you could suggest that they enter an agreement with you whcih included a lump sum to replace your return to work bonus etc. The beneift to the company being that you agree not to bring any claim (it woudl be under a Compromise Agreement)
    7. They should let you know your scores in advance of making any final decision. They are not obliged to let you know your colleagues scores but they should at least let you know what the total score was for the lowest scoring "safe" person. Just realised - this is a bit odd as I didn't think there was any selection - thought you said that all of you were being made redundant!

    Hope that helps

    Pete


 
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