Possible Redundancy on Maternity Leave

[scooby1976]

Hi I just wondered if anyone can help. I am due to start maternity leave in a few weeks time and hope to return to work in January 2009. However I work in the construction industry and as you are probably aware there is enormous redundancies in the field. .
I am half expecting that whilst I am on maternity leave that it is possible that I may be made redundant or the branch close and I am just wondering what my entitlements are. I have worked there 8 years and five months and have to do a weeks notice for each year worked.
Am I right in thinking that I would be entitled to eight times my weekly wage (approx £300 before tax) as a redundancy payout plus eight weeks pay in lieu of notice (at £300 and not SMP £117) plus they are still entitled to pay me my maternity pay until the 39 weeks ends?? I have told my boss I intend to return after five months but am I still eligible to take the 39 weeks if I wish to?
Thanks

[Ell-enn]

Hi there,

You can still be made redundant while you are on maternity leave. However, if you were selected for redundancy because you are pregnant or on maternity leave it would be classed as unfair dismissal and also sex discrimination.

There are other rules regarding redundancy while pregnant or on maternity leave and you can find the information here: Guidance Giving Information on the Rights for Pregnant Women - BERR

You can also find a ready reckoner for calculating your redundancy pay here:
Ready Reckoner for calculating the number of weeks' pay due - BERR

I hope you find you don't need to use the above and that you are able to return to your job when you are ready.

Kind Regards

Ell-enn

[Sidewinder]

Originally Posted by scooby1976

Hi I just wondered if anyone can help. I am due to start maternity leave in a few weeks time and hope to return to work in January 2009. However I work in the construction industry and as you are probably aware there is enormous redundancies in the field. .
I am half expecting that whilst I am on maternity leave that it is possible that I may be made redundant or the branch close and I am just wondering what my entitlements are. I have worked there 8 years and five months and have to do a weeks notice for each year worked.
Am I right in thinking that I would be entitled to eight times my weekly wage (approx £300 before tax) as a redundancy payout plus eight weeks pay in lieu of notice (at £300 and not SMP £117) plus they are still entitled to pay me my maternity pay until the 39 weeks ends?? I have told my boss I intend to return after five months but am I still eligible to take the 39 weeks if I wish to?
Thanks

Correct on all counts. As Ell-Enn said, maternity leave in itself is not a barrier to redundancy, but the employer has to be especially careful. If, however you are made redundant (genuinely and through a fair selection process, not just because it is convenient as you are not there), you will be eligible for the full amount of maternity pay, plus redundancy at a weeks wages for every completed year (as long as those years have been completed since you were 21), 8 weeks pay in lieu of notice. Don't forget that holiday still accrues as per your contract or at the rate of 4.8 weeks per year (whichever is the greater) so you will also be eligible to receive that.

If the situation exists where redundancies are made but there will be a number of alternative positions available, then your employer is obliged to offer you one of those positions (note offer it to you not just consider you for it - ahead of any other candidates facing redundancy). You must be fully consulted despite you being on maternity leave.