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Redundancy and maternity

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I've just been told I'm likely to be facing redundancy very soon. There are 5 of us in our office and 3 of us are going. I don't know if anyone here can help me with this but my contract doesn't mention maternity at all. When I told my boss about my maternity dates he said by email that he would pay me 3 months full pay. My 'at risk' letter doesn't even mention this and only talks about my statutory pay (which I will get as usual).

 

There is no definite date for the redundancy yet but I'm wondering whether I have any right to this contractual maternity pay until the date of the redundancy especially as this 3 months full pay was by email and not in my contract? My dates are as follows:

 

Finish work tomorrow and I have 2 weeks of annual leave

 

Maternity leave starts 18th December, which is when I was meant to receive full pay until 18th March then statutory.

 

I think my notice period is a month so even if I was given notice tomorrow, surely I should be getting full pay for a month, then statutory?

 

Hope someone can clear this up for me,

thanks.

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Guest Old_andrew2018

Bumping your thread

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Hi Am in a bit of a rush so dont have time to post in details, but i just happen to come across your thread so i thought id copy and paste relevant parts of the employment act the i belive are relevant to you. Ill mark in bold the most relevent parts to you given what you have said so far. Also other caggers may then want to add their own helpful advice to what i have put here.

 

 

 

Expand All Explanatory Notes (ENs)

Part IX Termination of employment

 

Minimum period of notice

 

86 Rights of employer and employee to minimum notice

 

(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more—

(a) is not less than one week’s notice if his period of continuous employment is less than two years,

(b) is not less than one week’s notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and

© is not less than twelve weeks' notice if his period of continuous employment is twelve years or more. (Basically if you have worked their for 4 years then you would be entitled to 4 weeks notice).

(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.

(3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for one month or more has effect subject to subsections (1) and (2); but this section does not prevent either party from waiving his right to notice on any occasion or from accepting a payment in lieu of notice.

(4) Any contract of employment of a person who has been continuously employed for three months or more which is a contract for a term certain of one month or less shall have effect as if it were for an indefinite period; and, accordingly, subsections (1) and (2) apply to the contract.

(5) Subsections (1) and (2) do not apply to a contract made in contemplation of the performance of a specific task which is not expected to last for more than three months unless the employee has been continuously employed for a period of more than three months.

(6) This section does not affect any right of either party to a contract of employment to treat the contract as terminable without notice by reason of the conduct of the other party.

87 Rights of employee in period of notice

 

(1) If an employer gives notice to terminate the contract of employment of a person who has been continuously employed for one month or more, the provisions of sections 88 to 91 have effect as respects the liability of the employer for the period of notice required by section 86(1).

(2) If an employee who has been continuously employed for one month or more gives notice to terminate his contract of employment, the provisions of sections 88 to 91 have effect as respects the liability of the employer for the period of notice required by section 86(2).

(3) In sections 88 to 91 “period of notice” means—

(a) where notice is given by an employer, the period of notice required by section 86(1), and

(b) where notice is given by an employee, the period of notice required by section 86(2).

(4) This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).

 

 

Part VIII Maternity rights

 

General right to maternity leave

 

71 General right to maternity leave

 

(1) An employee who is absent from work at any time during her maternity leave period is (subject to sections 74 and 75) entitled to the benefit of the terms and conditions of employment which would have been applicable to her if she had not been absent (and had not been pregnant or given birth to a child).

(2) Subsection (1) does not confer any entitlement to remuneration.

72 Commencement of maternity leave period

 

(1) Subject to subsection (2), an employee’s maternity leave period commences with the earlier of—

(a) the date which, in accordance with section 74(1) to (3), she notifies to her employer as the date on which she intends her period of absence from work in exercise of the right conferred by section 71 to commence, and

(b) the first day after the beginning of the sixth week before the expected week of childbirth on which she is absent from work wholly or partly because of pregnancy.

(2) Where the employee’s maternity leave period has not commenced by virtue of subsection (1) when childbirth occurs, her maternity leave period commences with the day on which childbirth occurs.

(3) The Secretary of State may by order vary subsections (1) and (2).

73 Duration of maternity leave period

 

(1) Subject to subsections (2) and (3), an employee’s maternity leave period continues for the period of fourteen weeks from its commencement or until the birth of the child, if later. (Fourteen weeks or upto the child is born if the child is not born within the fourteen weeks. So the 3 month pay your boss offered goes against this Act as 3 months is 12 weeks if you work out the months at 4 weeks each)

(2) Subject to subsection (3), where any requirement imposed by or under any relevant statutory provision prohibits the employee from working for any period after the end of the period mentioned in subsection (1) by reason of her having recently given birth, her maternity leave period continues until the end of that later period. (you are entitled to be paid maternity pay until the time you are well enougth to return)

(3) Where the employee is dismissed after the commencement of her maternity leave period but before the time when (apart from this subsection) that period would end, the period ends at the time of the dismissal.

(4) In subsection (2) “relevant statutory provision” means a provision of—

(a) an enactment, or

(b) an instrument made under an enactment,

other than a provision for the time being specified in an order made under section 66(2).

(5) The Secretary of State may by order vary subsections (1) to (4).

74 Requirement to notify commencement of leave

 

(1) Subject to subsections (4) and (5), an employee does not have the right conferred by section 71 unless she notifies her employer of the date on which she intends her period of absence from work in exercise of the right to commence.

(2) No date occurring before the beginning of the eleventh week before the expected week of childbirth may be notified under subsection (1).

(3) Notification under subsection (1) shall be given by an employee—

(a) not less than twenty-one days before the date on which she intends her period of absence from work in exercise of the right conferred by section 71 to commence, or

(b) if that is not reasonably practicable, as soon as is reasonably practicable.

(4) Where an employee’s maternity leave period commences with the first day after the beginning of the sixth week before the expected week of childbirth on which she is absent from work wholly or partly because of pregnancy—

(a) subsection (1) does not require her to notify her employer of the date specified in that subsection, but

(b) (whether or not she has notified him of that date) she does not have the right conferred by section 71 unless she notifies him as soon as is reasonably practicable that she is absent from work wholly or partly because of pregnancy.

(5) Where an employee’s maternity leave period commences with the day on which childbirth occurs—

(a) subsection (1) does not require her to notify her employer of the date specified in that subsection, but

(b) (whether or not she has notified him of that date) she does not have the right conferred by section 71 unless she notifies him as soon as is reasonably practicable after the birth that she has given birth.

(6) Any notification required by this section shall, if the employer so requests, be given in writing.

75 Requirement to notify pregnancy etc

 

(1) An employee does not have the right conferred by section 71 unless at least twenty-one days before her maternity leave period commences or, if that is not reasonably practicable, as soon as is reasonably practicable, she informs her employer in writing of—

(a) her pregnancy, and

(b) the expected week of childbirth,

or, if childbirth has occurred, of the date on which it occurred.

(2) An employee does not have the right conferred by section 71 unless, if requested to do so by her employer, she produces for his inspection a certificate from—

(a) a registered medical practitioner, or

(b) a registered midwife,

stating the expected week of childbirth.

76 Requirement to notify return during maternity leave period

 

(1) An employee who intends to return to work earlier than the end of her maternity leave period shall give to her employer not less than seven days' notice of the date on which she intends to return.

(2) If an employee attempts to return to work earlier than the end of her maternity leave period without complying with subsection (1), her employer shall be entitled to postpone her return to a date such as will secure, subject to subsection (3), that he has seven days' notice of her return.

(3) An employer is not entitled under subsection (2) to postpone an employee’s return to work to a date after the end of her maternity leave period.

(4) If an employee whose return to work has been postponed under subsection (2) has been notified that she is not to return to work before the date to which her return was postponed, the employer is under no contractual obligation to pay her remuneration until the date to which her return was postponed if she returns to work before that date.

77 Redundancy during maternity leave period

 

(1) This section applies where during an employee’s maternity leave period it is not practicable by reason of redundancy for the employer to continue to employ her under her existing contract of employment.

(2) Where there is a suitable available vacancy, the employee is entitled to be offered (before the ending of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with subsection (3) (and takes effect immediately on the ending of her employment under the previous contract).

(3) The new contract of employment must be such that—

(a) the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and

(b) its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.

 

If you havent alreayd been given notice of redundancy and therefore notice isnt given until during your maternity leave i.e after the 18th december then this section the above section applies to you.

 

 

99 Pregnancy and childbirth

 

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a) the reason (or, if more than one, the principal reason) for the dismissal is that she is pregnant or any other reason connected with her pregnancy,

(b) her maternity leave period is ended by the dismissal and the reason (or, if more than one, the principal reason) for the dismissal is that she has given birth to a child or any other reason connected with her having given birth to a child,

© her contract of employment is terminated after the end of her maternity leave period and the reason (or, if more than one, the principal reason) for the dismissal is that she took, or availed herself of the benefits of, maternity leave,

(d) the reason (or, if more than one, the principal reason) for the dismissal is a relevant requirement, or a relevant recommendation, as defined by section 66(2), or

(e) her maternity leave period is ended by the dismissal, the reason (or, if more than one, the principal reason) for the dismissal is that she is redundant and section 77 has not been complied with.

(2) For the purposes of subsection (1)©—

(a) a woman takes maternity leave if she is absent from work during her maternity leave period, and

(b) a woman avails herself of the benefits of maternity leave if, during her maternity leave period, she avails herself of the benefit of any of the terms and conditions of her employment preserved by section 71 during that period.

(3) An employee who is dismissed shall also be regarded for the purposes of this Part as unfairly dismissed if—

(a) before the end of her maternity leave period she gave to her employer a certificate from a registered medical practitioner stating that by reason of disease or bodily or mental disablement she would be incapable of work after the end of that period,

(b) her contract of employment was terminated within the period of four weeks beginning immediately after the end of her maternity leave period in circumstances in which she continued to be incapable of work and the certificate remained current, and

© the reason (or, if more than one, the principal reason) for the dismissal is that she has given birth to a child or any other reason connected with her having given birth to a child.

(4) Where—

(a) an employee has the right conferred by section 79,

(b) it is not practicable by reason of redundancy for the employer to permit her to return in accordance with that right, and

© no offer is made of such alternative employment as is referred to in section 81,

the dismissal of the employee which is treated as taking place by virtue of section 96 is to be regarded for the purposes of this Part as unfair.

 

 

 

 

If only kept this brief and havent had time to go into details as i am in a hurry but hopefully the information is of use to you and that other caggers may add to it aswell in order to help you.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Hi, thanks for your reply. I haven't been given my notice of redundancy yet but I know it's coming. My boss says that he is unable to give me the 3 months full pay as he said in his email. I wondered if he had to honour his email or not for the period of my notice (which will be one month). There are no other positions to offer in the company as it is only a company of 5 and 3 of us ae going.

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Hi Scubalady,

 

if you can tell me how long you have been at the company and what is stated in your employment contract regarding redundancy. once you have given me the above, i will then beable to give you an answer as to what you should recieve in payment as a result of redundancy and weather what it states in your contract is legal or not. Also if i was you i would print out a copy of the email as soon as you can as it may prove useful to you in the future if your employer acts unlawfully with regards to the redundancies.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Hi,

 

I know what my redundancy payout should be and that is all ok, it's whether I'm entitled to the full maternity pay until I am made reduandant that I am interested in. I have been with the company for 2 years and 4 months. The issue is with maternity pay as there is no mention of maternity pay in my contract. He just sent me an email when I told him what my plans were. I have copies of all correspondance as I forwarded it all on to my personal email account before I finished.

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Yes you are legally entitled to be paid maternity pay whilst you are employed by the company. If your employer refuses to pay you maternity pay, then he will be breaking the law. However once he has made you redundant, he is no longer legally obliged to pay you maternity pay after the date of your redundancy, as your employment will have been terminated.

 

You may find the infomation on the following site helpful - Maternity Leave and Pay

 

Also details of maternity leave should have been in your contract or written statement given to you at the start of your employment. Because they were not, then you could take what your boss had said in the email as implying what the companies policy was for maternity pay, and should seek free legal advice from CAB or Acas to find out weather you can hold your employer to what he had stated in the email for 3 months full pay.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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