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Redundancy whilst on maternity leave #1644091
03/09/2020 12:25
03/09/2020 12:25
Joined: Dec 2005
Posts: 12,158
Sandhurst
Begbie Offline OP
Ex El Presidente
Begbie  Offline OP
Ex El Presidente
I AM a Coop

Joined: Dec 2005
Posts: 12,158
Sandhurst
Question for the wider audience here and any guidance or pointers my wife needs to look out for and want to make sure both parties are playing by the book.

On Wednesday last week (26/8) my wife got a call from her work saying that she was being made redundant, but she is on maternity leave. She does work in HR so is slightly clued up on these things, but wanted to see if there was anything she should be asking etc..? She is due to finish maternity leave and be back to work in Jan 2021, can she claim payment for her unused annual leave up to then, or will the termination be from the middle of Sept which is what they are aiming for.

Back story to this is, the company went through a round of redundancies in July where she kept her job. This round of redundancies have come due to the company being sold and apparently being renamed to something slightly different, which is how we think they are making her redundant, as they haven't offered her another position within the business.


Originally Posted by Jonny - After being taken out at Spa
Your car is Usain Bolt with wellies
Re: Redundancy whilst on maternity leave [Re: Begbie] #1644093
03/09/2020 13:21
03/09/2020 13:21
Joined: Dec 2005
Posts: 19,923
Aldershot
PeteP Offline
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PeteP  Offline
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Joined: Dec 2005
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Aldershot
Talk to Emjay by pm or email Alexis, He specialises in employment law.


16VT and X1/9 1500
Re: Redundancy whilst on maternity leave [Re: Begbie] #1644095
03/09/2020 14:59
03/09/2020 14:59
Joined: Dec 2005
Posts: 12,158
Sandhurst
Begbie Offline OP
Ex El Presidente
Begbie  Offline OP
Ex El Presidente
I AM a Coop

Joined: Dec 2005
Posts: 12,158
Sandhurst
Thanks Pete. Forgot about Mark, but he hasn't been on the forum for quite a while though, plus don't know the best way to get in contact with him


Originally Posted by Jonny - After being taken out at Spa
Your car is Usain Bolt with wellies
Re: Redundancy whilst on maternity leave [Re: Begbie] #1644097
03/09/2020 16:29
03/09/2020 16:29
Joined: Mar 2006
Posts: 8,760
Cambridge & Cotswolds
M
MeanRedSpider Offline
Je suis un Coupé
MeanRedSpider  Offline
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M

Joined: Mar 2006
Posts: 8,760
Cambridge & Cotswolds
It sounds pretty legit to me. I’ve been involved in too many of these things on both sides. She should get paid for any accrued leave. I also don’t know they have to offer alternative positions though you’re normally free to apply for alternative positions and, if the company is forward-looking, they should prioritise those at-risk. I’m not an expert but experienced

Re: Redundancy whilst on maternity leave [Re: Begbie] #1644098
03/09/2020 16:35
03/09/2020 16:35
Joined: Dec 2005
Posts: 19,923
Aldershot
PeteP Offline
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Alexis, will pm you Marks mobile.


16VT and X1/9 1500
Re: Redundancy whilst on maternity leave [Re: Begbie] #1644389
16/09/2020 15:13
16/09/2020 15:13
Joined: Dec 2005
Posts: 12,158
Sandhurst
Begbie Offline OP
Ex El Presidente
Begbie  Offline OP
Ex El Presidente
I AM a Coop

Joined: Dec 2005
Posts: 12,158
Sandhurst
Thanks both and sorry for the late reply, we were actually away in Spain at the time this was all happening but back home now, but will reach out to Emjay just to get his thoughts as she has been made redundant today, even though there was a position in a sister company, which she had to interview for and subsequently told she doesn't have the experience required.

For reference, the quote from CIPD is:

Quote
Suitable alternative employment
An employee who is made redundant while on maternity leave is entitled to:

be offered a suitable available vacancy with her employer (or an associated employer); and
the alternative vacancy must be suitable and appropriate for the employee to do in the circumstances; and
the terms and conditions must not be substantially less favourable.
There would be no need for an employee on maternity leave to compete for a suitable alternative post, as the employer must offer such a vacancy to her. This gives the absent employee priority over others who are at risk of redundancy, even if they are better qualified than the employee on maternity leave. This is a form of positive discrimination.

Although this applies to employees on maternity leave, most sensible employers would offer vacancies as a priority to pregnant employees as well, to protect themselves from discrimination claims.

If an employer dismisses an employee on maternity leave without offering a suitable alternative vacancy the dismissal is automatically unfair.

Note that this right applies only to terminations because of redundancy and not dismissals for other reasons.


Originally Posted by Jonny - After being taken out at Spa
Your car is Usain Bolt with wellies

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