maternity action redundancy

Note 2: If you returned to work part-time after maternity leave your redundancy pay will be based on your pay at the time of the redundancy, however, your length of service will be based on how long you have been in your job (including years working full-time and part-time). This is especially true when making a worker on maternity leave redundant. Rosalind Bragg, Director, Maternity Action said: "Since the recession began, Maternity Action has provided advice to a steady stream of pregnant women and new mothers who have lost their jobs because of unfair - and unlawful - treatment in redundancy situations. Brexit transition Take action now for new rules in 2021. Note: if you unreasonably refuse suitable alternative work you would not be entitled to receive compensation for the dismissal or to receive a redundancy payment. The recent case of SW Yorkshire Partnership NHS Foundation Trust v Jackson is […] Do I have any rights? While redundancy is an understandable part of doing business, it is important for employers to follow the rules to avoid legal action. You will be treated as having nil income in the following months as your SMP has already been paid in full. For information on maternity and parental rights at work and benefits, see: www.maternityaction.org.uk, Nationwide (except London) – 0808 802 0029, For opening hours see: https://maternityaction.org.uk/advice-line/, For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim  www.acas.org.uk, Helpline: 0300 123 11 00 (offers telephone interpreting service), For information about your rights see: www.citizensadvice.org.uk, You can telephone the national Citizens Advice phone service on 03444 111 444, You can get help with Universal Credit claims through the free national Help to Claim service: England: 0800 144 8444, Wales: 0800 024 1220, Scotland: 0800 023 2581. I have been told my job is at risk of redundancy and that I need to be interviewed for other posts. When a settlement agreement includes contractual redundancy and SMP, the agreement must clearly record the full amount of SMP to which you are entitled, tax and NICs deductions, and the full amount of contractual redundancy. If you accept the offer of the alternative employment, where the terms and conditions may be different from your originals terms then you are entitled to do a trial period in that job. The employer notified the employee of various opportunities for redeployment but these were sent to her work email address. You have the right to be individually consulted even if you are on maternity leave. The recent case of Simpson v Endsleigh Insurance Services Ltd emphasises that, not only is this a misconception, but the right of a woman on maternity leave to suitable alternative vacancies is not automatic. If you are offered a suitable alternative job and unreasonably refuse it, you will lose your right to redundancy pay. In the case of Sefton Borough Council v Wainwright UKEAT/0168/14, Miss W’s employer decided to combine two jobs into one, making one person redundant, in a restructuring exercise. There are a number of things to keep in mind when restructures occur and people on maternity leave are affected BY HRD 14 Jun 2017. Should I have been chosen as the one to be made redundant? Can I still qualify for adoption leave and pay if I am made redundant? This lasts for 52 weeks. I am on maternity leave and my employer has just told me that they will have to make cutbacks. Location. However, if you think that your employer made you redundant in order to avoid paying your SMP (or other types of statutory parental pay) you may be able to claim the pay directly from HMRC. maternity leave position when their maternity leave has ended. Where during a redundancy exercise alternative jobs are available in your organisation or with an associated employer, you should make sure these are offered to potentially redundant employees using criteria which do not unlawfully discriminate. your shared parental leave and you have lost some or all or you occupational shared parental pay you can include those losses in any claims for unfair dismissal/automatic unfair dismissal. I have put in a request for voluntary redundancy, does my employer have to accept my request? In addition, the law says that if you work for an employer who is proposing to make 20 or more people redundant who work at one workplace within a period of 90 days or less, your employer must consult all the appropriate representatives of any of the employees who may be affected at least 30 days before the first redundancy. If you think you have been made redundant because of your pregnancy or maternity leave you may have a claim for pregnancy/maternity discrimination, see Unfair dismissal and discrimination below. Your shared parental, will end on the day your employment ends as well as any employment benefits such as occupational shared parental pay (unless you can negotiate this as part of a redundancy package). I was hoping to return to work part-time after my maternity leave. 1128776, There is growing evidence that, unlike in the economic recession that followed the 2008 financial crash, it is women – and especially working mothers – whose jobs are most at risk as the Government. If you are one of the employees facing redundancy, you do not have to apply for suitable alternative work if you are on maternity leave. If your employer is reorganising or restructuring the workplace, it will be up to you and other employees to agree the changes. Your employment (and maternity leave) will come to an end at the end of your notice period. However, during pregnancy, the protection is not the same. If you are unfairly selected for redundancy. I think that my employer is making me redundant to avoid paying my SMP. If you are unfairly selected for redundancy because of your adoption leave and you have lost some or all or you occupational adoption pay you can include those losses in any claims for unfair dismissal/automatic unfair dismissal. Your occupational maternity pay will end when your contract ends as it is a benefit provided by your employer. If you are unfairly selected for redundancy. Statutory redundancy pay is worked out as below. A maternity cover contract is usually a fixed-term contract under which an employer can dismiss an employee fairly by giving notice as stated in the contract. In order to receive the Statutory maternity pay you must fulfil the following criteria; You should have worked for the same employer for a minimum of 26 weeks by the end of your qualifying week of maternity, i.e. This means that notice pay will only be payable during maternity or parental leave if it is stated in your contract or your employer agrees to pay it as part of your redundancy package. Firstly, it’s important to talk to your employer and give them information on your rights. Maternity and Parental Leave etc Regulations 1999, regulation 10, is as follows. e.g. If you are made redundant before the 15th week before your expected week of childbirth you will not be able to qualify for SMP. In the case of Eversheds Legal Services v De Belin UKEAT/0352/10 it was decided that the right to more favourable treatment under Regulation 10 only applies to alternative jobs that are suitable. If your SAP has not yet started, it will begin 14 days before the expected date of placement or the day after your job ends if later. If they are proposing to make more than 100 employees redundant within 90 days or less, they must begin consultation at least 45 days beforehand. If you are made redundant while you are pregnant or on maternity leave you may have a number of claims: You will need to be an employee with two years’ service to bring an unfair dismissal claim but all other claims are day one rights. For example: If you think you may have been unfairly selected for redundancy, you can ask your employer what criteria were used to select for redundancy and how you were assessed against those criteria. This means your employer must have a good business reason as to why you cannot return to your old job, for example, changes in the type of work, projects coming to an end or loss of contracts. Rosalind has been with Maternity Action since 2008, where she advocated for stronger maternity rights and makes sure that women get the advice and support they need to exercise their rights. However, you must tell employer A to stop paying your SMP if you do any work for employer B. if you are still within your maternity pay period (39 weeks). If you are made redundant and your employment ends, your qualifying week, you are still entitled to SMP for 39 weeks. For more information on how to resolve disputes and how to start a tribunal claim, see Dealing with problems at work. Time limits can only be extended for very good reasons. The tribunal found that it was an unfair dismissal as it was based on the fact that she had asked to reduce her hours and that it was pregnancy discrimination as the employer took into account her pregnancy-related sickness absence in assessing her attendance at work. The receiver or liquidator may be able to write confirming how much SMP your employer owes you. If you are not offered a suitable alternative vacancy, you may have a claim for automatic unfair dismissal. be employed in all or part of your qualifying week (employment includes part of a day and includes days on annual leave or sick leave). If you were employed by employer B during the 15th week before your baby was due, you can work for employer B both before and after your baby is born and continue to receive SMP from employer A. If you continue to use this site we will assume that you are happy with it. Once you have qualified for SMP your SMP will start being paid to you by your employer (employer A) on the Sunday of the 11th week before the week your baby is due if your contract has ended by then or when you stop work if later. Employees on maternity leave currently receive additional protection in redundancy situations. Maternity leave: This lasts for 52 weeks. Know your rights, claim your rights #MaternityRights Maternity Action is the UK’s leading charity committed to ending inequality and improving the health and wellbeing of pregnant women, partners and young children – from conception through to the child’s early years. Maternity Action has experienced a substantial increase in demand for advice and information in recent years and so have other voluntary sector agencies and employment law firms. The tribunal found that it was an unfair dismissal as it was based on the fact that she had asked to reduce her hours and that it was pregnancy discrimination as the employer took into account her pregnancy-related sickness absence in assessing her attendance at work. Your employer must seriously consider your request and can only refuse to adjust the hours if there is a good business reason why the vacancy could not be done in this way. If you are aged 22-40 you get one week’s gross pay for every complete year of employment with the same employer. Failure to offer a suitable alternative vacancy amounts to an automatic unfair dismissal. Her partner can continue to take the 3 months’ shared parental leave that has been booked with his employer. Share. There is a maximum weekly wage limit of £538 per week (April 20 – April 21). If you are aged 21 or under you get half a week’s gross pay for every complete year of employment with the same employer. Where do I stand? Where do I stand if I am likely to be made redundant? Home HR REDUNDANCY, MATERNITY & ADVERSE ACTION. In response to Q176 by Alex Davies-Jones about Maria Miller's Pregnancy & Maternity (Redundancy Protection) Bill, which Maternity Action and others have been urging Ministers to adopt as their own and speed into law, BEIS minister Paul Scully stated: “I actually spoke to Maria Miller about this, her having presented it, because I wanted to make sure we could fully understand. You are entitled to receive paid statutory notice when you are on maternity or parental leave. Redundancy. I have been on maternity leave, can I count that as continuous employment for redundancy pay purposes even though I was not working? Miss W’s employer decided to combine two jobs into one, making one person redundant, in a restructuring exercise. paid by the JobCentre Plus to women who do not qualify for SMP and self-employed women. The EAT said that ‘the Respondent [employer] was obliged to assess what available vacancies might have been suitable and to offer one or more of those to the Claimant. In some cases this may also be maternity discrimination. How are my rights affected by the redundancies? You should check your contract of employment. Maternity Allowance (MA): paid by the JobCentre Plus to women who do not qualify for SMP and self-employed women. This a complex issue and the rules are not very clear. If you are one of the employees affected, your employer should consult with you during your maternity leave. Holden & Co LLP v Russell, EAT 2014. You can still take the rest of your maternity leave. 52-54 Featherstone Street One in every 20 new mothers in the workplace are made redundant during pregnancy, maternity leave or return to work. You … This is very often the result of persistent negative attitudes towards new mothers and their perceived lack of commitment to work. Fortunately, the Government has an opportunity to act quickly. This can include going for interviews as well as time off for registering with agencies or going to the Jobcentre Plus. However, due to the 'legal and practical differences' of this type of leave (e.g. Ordinary adoption leave lasts for 26 weeks from the day you start your adoption leave. Under regulation 10 of the Maternity and Parental Leave Regulations 1999, you are entitled to be offered a suitable alternative post (if one exists) as soon as your post is at risk of redundancy. It should. You were not offered a suitable alternative vacancy (if one existed) during maternity, adoption or shared parental leave. If I am made redundant while on maternity leave, what happens to my occupational maternity pay? Your employer will have to consider the pool of employees that will be selected for redundancy. For example, your employer must not include pregnancy-related sickness absence or absence on maternity leave. The Employment Appeal Tribunal (EAT) decided that failure to offer the role was an automatic unfair dismissal and Miss W had a right to be offered the job once the employer knew that there was a redundancy situation affecting her role. There are strict time limits for making claims in an employment tribunal of three months (less one day) from the date of the dismissal/redundancy or act/s of discrimination. If your employer is insolvent you can apply to the Insolvency Service for a redundancy payment, statutory notice pay, unpaid holiday pay and wages (see Where to go for more help below). We discuss this case and the learnings, to ensure our readers don’t fall foul of the law (especially start-ups … During the redundancy consultation process she was invited to apply for a position in a branch in another town. Just click on this link, enter your postcode, and we do the rest. I have been made redundant and will be receiving SMP for 39 weeks. https://www.legislation.gov.uk/uksi/1999/3312/regulation/10. Redundancy pay and SMP/SAP/ShPP. However, if your contract of employment gives you at least one week’s notice more than your statutory notice period above, you have to rely on the notice period in your contract – contractual notice e.g. lasts for 26 weeks from the day you start your maternity leave. One in every 20 new mothers in the workplace are made redundant during pregnancy, maternity leave or return to work. If you are made redundant before your SMP period starts your Working Tax Credit will end after a four week run-on after your job ends. There is a maximum limit of 20 years’ service, no more than 20 years is taken into account. You can contact HMRC Statutory Payments Disputes Team on 0300 322 9422 and ask for a formal decision. If you have not yet requested part-time work, you will need to put in a formal flexible work application. If you continue to use this site we will assume that you are happy with it. october 2017 unfair redundancies during pregnancy, maternity leave and return to work She argued that the redundancy was rushed through before her maternity leave started so that Liz Earle would not have to observe the special protections afforded to women on maternity leave. The Employment Appeal Tribunal (EAT) said it is up to the employer to decide whether a role is suitable taking account of what they know about the employee and her work experience but that regulation 10 does not allow employers to test an employee’s suitability by inviting her for assessment or interview. Home HR REDUNDANCY, MATERNITY & ADVERSE ACTION. If you are unfairly selected for redundancy because of your shared parental leave and you have lost some or all or you occupational shared parental pay you can include those losses in any claims for unfair dismissal/automatic unfair dismissal. For more information on discrimination during maternity leave and on return to work see: https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/. I am on maternity leave and my job is going. no. If you are already on maternity leave and receiving SMP, your maternity. your SMP period starts your Working Tax Credit will end after a four week run-on after your job ends. Your employer should not wait until you return to work (you can remain on maternity leave and return to the new job when your leave ends). If you are one of the employees facing redundancy, you do not have to apply for suitable alternative work if you are on maternity leave. I have been made redundant while on maternity leave as the role I used to do no longer exists but the work I used to do seems to have been merged into two other people’s jobs. For more information on discrimination during maternity leave and on return to work see: https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/ If your employer gives you a ‘payment in lieu of notice’ (PILON), your employment will end on that date. If you are unfairly selected for redundancy because of your pregnancy or maternity leave and you have lost some or all or you occupational maternity pay you can include those losses in any claims for unfair dismissal or discrimination (see below). Your employer did not follow an agreed selection procedure. This may involve explaining to your employer any factors which may have led to your selection and of which your employer is unaware (e.g. If you need to make the employee redundant when they're pregnant or on maternity leave, you must: check the redundancy is genuine and necessary; ensure you consult and keeps in touch; use redundancy selection criteria that do not discriminate; consider alternative work She should not have been required to engage in some form of selection process.’  In some cases there may also be maternity discrimination under s.18 of the Equality Act but you will need to show that the reason why you were treated in that way was. April 21 ) just click on this link, enter your postcode, and we do the rest your! Starts your Working Tax Credit this will end after a four week after... Many of these are discriminatory selections and many others are made redundant without any consultation, you should HM... 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Years ’ service, no more than four weeks in your trial role you during your maternity leave decide.

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