Can anyone help with my redundancy - pregnant

[elski69]

Hi,

Not sure if anyone can help, or offer any advice, but I was told last Tuesday that my role is possibly being made redundant and had my first consultation meeting yesterday.

I'm 21 weeks pregnant and my company are aware of this. There are two other people leaving, both directors, and then my role - a marketing exec, on the grounds that my role is diminishing or being redistributed.

I've worked for them for almost 3 years, so was offered 2 weeks salary with the option of pilon.

 

I have a couple of issues.

First, I don't believe that this is being done fairly, although I've been assured (obviously) that the decision has nothing to do with my pregnancy and that they compared all the roles throughout the company and came up with mine (even though they only had my job description from 3 years ago to go on). Apart from my defence of 'I really don't believe you' I don't know how to challenge this.

Second, I'm aware that I'm only 4 weeks away (my usual notice period) from qualifying for SMP. If I work one day into w/c 1st Nov, my employer is liable to pay me SMP. I pointed this out (when I asked if I had the option of working my notice rather than pilon) and the HR manager said something along the lines of 'he'd try to wangle it so that they pay me the 6 weeks at 90%, to sweeten the deal'.

Now, clearly he has no idea how SMP is calculated (I went to the HMRC site to double check my dates/figures as an employer and it all works out right) so I don't see how a) he can 'wangle it' like he's dong me a favour and b) how he can agree to pay me 6 weeks- SMP Is 39 weeks and they get it back anyway (which he pointed out to me, in a sense of 'we get that money back anyway, so I can write that off). Actually, I'm entitled to SMP if I qualify, which I will if this consultation goes on until that week.

Sorry for ranting - I'm pretty furious with them for making me feel so worthless, trying to make me think that they're doing me a favour by paying my SMP etc.

I'll call ACAS later this morning for more advice, but wondered what any of you thought?

My OH has suggested I put everything in a letter (i.e. stress this is causing during this vulnerable time, the fact that they've taken away my security and option of returning to work after my maternity leave, how no employer will touch me now anyway being this far along) and ask for a years salary as my package (which I think is way too much, but he said, they've come in with a low offer, seeing what they can get away with) and present it at my next consultation.

Oh, and he was half an hour late to my appointment, thinking it was 11am rather than 10am.

Don't know what to do - it's zapping my strength.

Thanks for reading - any advice? Or wwyd in my situation?

[farmlama]

you will be entitled to maternity allowance if your not entitled to smp, i think its about the same amount and you may be able to claim incapacity benifit up until then.

[elski69]

I understand that bit, but if they don't pay me it, then they're trying to wriggle out of it, which they can't do.

Sorry, I'm all over the place at the mo, going between anger and floods of tears. I've drafted a very terse letter for my next meeting, and requested the resources used to select my role for redundancy.

[rebeccas78]

Hi,

Not sure if anyone can help, or offer any advice, but I was told last Tuesday that my role is possibly being made redundant and had my first consultation meeting yesterday.

I'm 21 weeks pregnant and my company are aware of this. There are two other people leaving, both directors, and then my role - a marketing exec, on the grounds that my role is diminishing or being redistributed.

I've worked for them for almost 3 years, so was offered 2 weeks salary with the option of pilon.

 

I have a couple of issues.

First, I don't believe that this is being done fairly, although I've been assured (obviously) that the decision has nothing to do with my pregnancy and that they compared all the roles throughout the company and came up with mine (even though they only had my job description from 3 years ago to go on). Apart from my defence of 'I really don't believe you' I don't know how to challenge this.

Second, I'm aware that I'm only 4 weeks away (my usual notice period) from qualifying for SMP. If I work one day into w/c 1st Nov, my employer is liable to pay me SMP. I pointed this out (when I asked if I had the option of working my notice rather than pilon) and the HR manager said something along the lines of 'he'd try to wangle it so that they pay me the 6 weeks at 90%, to sweeten the deal'.

Now, clearly he has no idea how SMP is calculated (I went to the HMRC site to double check my dates/figures as an employer and it all works out right) so I don't see how a) he can 'wangle it' like he's dong me a favour and b) how he can agree to pay me 6 weeks- SMP Is 39 weeks and they get it back anyway (which he pointed out to me, in a sense of 'we get that money back anyway, so I can write that off). Actually, I'm entitled to SMP if I qualify, which I will if this consultation goes on until that week.

Sorry for ranting - I'm pretty furious with them for making me feel so worthless, trying to make me think that they're doing me a favour by paying my SMP etc.

I'll call ACAS later this morning for more advice, but wondered what any of you thought?

My OH has suggested I put everything in a letter (i.e. stress this is causing during this vulnerable time, the fact that they've taken away my security and option of returning to work after my maternity leave, how no employer will touch me now anyway being this far along) and ask for a years salary as my package (which I think is way too much, but he said, they've come in with a low offer, seeing what they can get away with) and present it at my next consultation.

Oh, and he was half an hour late to my appointment, thinking it was 11am rather than 10am.

Don't know what to do - it's zapping my strength.

Thanks for reading - any advice? Or wwyd in my situation?

 

Hi,

 

Sorry to hear that you are in this situation. A couple of questions:

 

*The two Directors that you refer to who are also at risk of redundancy- are they male or female?

 

*"He'd try to wangle it so that they pay me 6 weeks SMP to sweeten the deal" - As you are in the consultation period, is he pre-empting the outcome of a 'possible' redundancy situation?

 

While consultation does not have to end in agreement, it must be properly carried out with a view to reaching agreement, including ways of avoiding the redundancies or minimising their effect, it does not always necessarily end in redundancy, with this in mind.....

 

*Have they provided you with any suggested suitable alternative positions or an alterntive way of working your current role (for example would you consider working shorter hours?) IF yours role is definitley made redundant?

 

I understand that they have said your role is dimishing or could be re-distributed but as they based it on a job spec from 3 years ago I would ask how they analysed your role and decided that you should be put at risk? If there anyone else in Marketing?

 

I'm not great with the financial side of your query but as a HR Manager who has been through redundancies recently and is aware of the do's and don'ts I may be able to help you on this side of things.

 

Let me know the answers to the above and I'll come to you.

[rebeccas78]

Whoops the last line on my previous post should have said I'll come back to you!!

[elski69]

Hi,

 

Sorry to hear that you are in this situation. A couple of questions:

 

*The two Directors that you refer to who are also at risk of redundancy- are they male or female?

Thanks Rebecca - one is male, our MD, who volunteered to step down, the other is female, has been there for 8 years and is on a very good older contract so is happy with the decision.

 

*"He'd try to wangle it so that they pay me 6 weeks SMP to sweeten the deal" - As you are in the consultation period, is he pre-empting the outcome of a 'possible' redundancy situation?

I'm not sure what he's doing with this - I wanted to double check with him that he was aware that if I worked my notice, I'd be eligible for maternity pay, and that was his response (kind of left me open mouthed to be honest!)

 

While consultation does not have to end in agreement, it must be properly carried out with a view to reaching agreement, including ways of avoiding the redundancies or minimising their effect, it does not always necessarily end in redundancy, with this in mind.....

 

*Have they provided you with any suggested suitable alternative positions or an alterntive way of working your current role (for example would you consider working shorter hours?) IF yours role is definitley made redundant?

Nope - he was apparently looking for alternative roles throughout the company, including sister companies (I only heard this through my boss), but he didn't mention it to me.

 

I understand that they have said your role is dimishing or could be re-distributed but as they based it on a job spec from 3 years ago I would ask how they analysed your role and decided that you should be put at risk? If there anyone else in Marketing?

I've asked me clarification on how they came up with my role as being one at risk so hope to get that soon. I also mentioned that I wanted this info as I have 'suspicions that I was selected unfairly on the grounds of my pregnancy and my recent notification of maternity leave'. There are two others in marketing (I'm the lowest of the three), the middle one has only just started on a 3 month contract, so has a couple of months left. In my eyes, they should have just not renewed her contract, and then the headcount from marketing would have been down one, but I just feel that they've taken this opportunity to get rid of me before I go on mat leave rather than think longer term.

 

I'm not great with the financial side of your query but as a HR Manager who has been through redundancies recently and is aware of the do's and don'ts I may be able to help you on this side of things.

 

Let me know the answers to the above and I'll come to you.

Thanks for the help, my OH has asked his HR dept for advice too - they're just shocked that they're bothering with the pregnant woman! I fully understand that I'm not immune at all, but there are plenty of other roles that I think could have been considered.

I've been asked to come up with alternatives, but in all honesty, I can't afford to work reduced hours.

So I've asked for the selection information, pointed out that I feel I may have been selected unfairly, and requested a copy of the redundancy policy (which I thought was in my contract but it wasn't). My next approach (depending on the response) is a letter basically stating that I'd prefer to get this sorted without the need for me to raise a formal grievance.

Stressful times!