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stingyfish

Being made redundant while on maternity leave!!

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Hi - I hope someone out there is able to help me . I am being made redundant and I am in the middle of my maternity leave.

 

Its not just me - we think the whole company is going under and I am not too sure of what is due to me.

 

I will be in the company 8 years in Jan 2009 and normally would earn over the £380pw standard redundancy pay.

 

My normal 39 weeks would be up in March 15th 2010

I get 24 days holidays a year

Before I went on leave in 2009 I had about 5 days holidays left.

 

What I need clarification is - if I am made redundant in January 2010 do I get:

 

8 weeks @£380?

The remainder of my SMP ( Jan to March)

Any holidays I did not take in 2009

Do they need to offer me another position (that is if the company is still trading)?

 

One other issue is the notice period - does my employer need to give me two months notice of redundancy and if so is it two months normal salary (ie not two months SMP)

 

It would be great to get some replies on this as its seems to be a very complicated affair.

 

sincere thanks in advance

 

Stingyfish

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8 weeks @£380 - YES (note age dependent)

The remainder of my SMP ( Jan to March) - YES

Any holidays I did not take in 2009 - YOU should do

Do they need to offer me another position (that is if the company is still trading)?

 

See - http://www.consumeractiongroup.co.uk/forum/employment-problems/189455-redundancy-while-pregnant.html

 

One other issue is the notice period - does my employer need to give me two months notice of redundancy and if so is it two months normal salary (ie not two months SMP)

 

As regards notice pay, please tell us what your contractual notice period is and what your hours of work clause said.

 

See also Che's guide to notice pay:

 

http://www.consumeractiongroup.co.uk/forum/employment-problems/228876-pay-during-notice.html

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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If your company goes under and cant meet its debts you would be paid your statutory redundancy from the redundancy payments office (part of insolvancy service) - they can give you details if an administrator has been appointed so you may wish to contact if company are not being open etc.

 

Your redundancy pay also depends on your age so it is not just one week per year here is a link Ready Reckoner for calculating the number of weeks' pay due - BIS

 

The rpo would pay

 

Stat redundanncy based on age and on full years service 7 at mo 8 in jan

They would pay rour holiday - accrued that has not been taken.

Your notice (1 week per year at least) if closed without giving notice - this is protected so not smp I would think but I do not know the RPO rules.

They would pay up to 8 weeks back pay also if you have not been paid by company in final weeks

 

The smp has stumped me (I fell a bit dim as I should know) but you should be entitled to it (those who are made "normally" redundant are) I presume paid by RPO or HMRC.

 

If they are still trading then it would be similar

 

stat redundancy (unless offered enhanced)

Accrued holiday not taken

Given notice - or paid in leiu (if in leiu check if they are allowed under your contract and if not stated - push fot it to be tax free)

Remanider of SMP

 

Offer of suitable alternative employment - you should be top of that list as on maternity (berr/bis guidance) - but if it is suitable you may lose your right to redundancy pay.

 

To judge whether suitable compare terms and conditions of each e.g pay, hours, location, title, responsability etc. If the same or close should be suitable - but this is judged from your position so if they require you to drive further (longer to work) - does this stop you taking kids to/from school or if pay decresed slighgtly does it cover outgoings etc.

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Thanks for your help.

 

Yesterday my employer confirmed that I will be made redundant on the 22nd of Jan 2010.

 

My contractual notice period is 8 wks & the hrs of work 9-5.30.

 

In the redundancy package they are paying stat redundancy payment of 8 wks at £380, the rest of my SMP, unused holidays & car allowance up to termination of employment. However they are not paying 8 wks full pay notice period & this does seem to be the grey area?

I have only been given 5 working days to dispute this I can't get an appt with the CAB until next wk & they were not able to advise me over the phone.

Thank you in advance for your help.

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