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Redundant on Maternity Leave

8 replies

TwoBlueLines · 08/05/2013 21:16

I've just been told that my company is being taken over and as a result we are all reapplying for a set number of jobs. Those that don't get selected by July will be made redundant.

I'm on maternity leave (until August) and felt a little queezy so took at test and got two (very strong) lines.

Whilst I am excited I am now in the weird position regarding work. I had said I'd use up some holiday by technically going back earlier but taking the intervening time as leave.

I need to organise childcare and possible redundancy so was wondering what my options are.

If I go back early (I have to let them know asap so payroll can be sorted). However, I may be made redundant prior to returning (I don't mind this).

My concern is when (if at all) do I bring up the fact I'm pregnant. Normally you can fudge this up until 20ish weeks however, if I don't tell them will this affect my redundancy payout and subsequant maternity pay (both extra and SMP) and leave?

Please help.

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caroldecker · 08/05/2013 21:37
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TwoBlueLines · 09/05/2013 06:08

Thanks Caroldecker but I cant open this.

Is there another way I can see it?

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ItsallisnowaFeegle · 09/05/2013 14:34

I'm in a similar position re; at risk of redundancy whilst on Mat leave.

Here's what I now know:

If you are at risk of redundancy, yet your employer has a role available that's similar to yours, you should automatically be offered the alternative post, without reapplying or interviewing and above all other individuals (who are not on mat leave) facing redundancy.

In regards to you being pregnant. Well that's a different issue and you do not need to declare it to your employer until around 20 weeks.

HTH

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flowery · 09/05/2013 17:04

What are you concerned about bringing up the fact that you are pregnant? You have to tell them by 15 weeks before your due date.

In terms of redundancy, if your role is redundant and there is a suitable alternative available, you must be offered it and can't be required to compete with others for it. (Although it's perfectly fine to ask you to apply or be interviewed in order to determine your suitability for the role.)

Are these jobs new and are they suitable OP?

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PipkinsPal · 09/05/2013 17:08

Just remember if you re-apply for your job and you are turned down because you are pregnant/on mat leave that is against the law.

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TwoBlueLines · 09/05/2013 19:50

Hi,
Everyone is required to apply for the positions that will be available. This are apparently different enough to mean our old jobs are gone. There are also less jobs available than for the people so there will be redundancies.

Normally you would tell your employer, agree when you go on 2nd maternity leave and then get the SMP (and any bonus they offer) when you go on that maternity leave.

This time the timescale is Tell them I'm pregnant?, Apply for job, possibly be made redundant, Tell them I'm pregnant?, go back to work if got a job, tell them I'm pregnant?, go on maternity leave.

My main query is I may be redundant prior to telling them I'm pregnant.

  1. If I tell them after I am made redundant (I will be well within the required notice period to tell them) will I miss out on SMP (and any bonus they may offer)?


  1. If I tell them before hand they may not offer a redundancy. I was thinking of telling them I want to go on 2nd maternity leave asap due to childcare issues. Therefore I wouldn't go into the office at all. Due to the current situation they may not agree to this.



Basically, I want to ensure the best financial outcome as there's another mouth to feed shortly (and much quicker than originally planned).

I hope that makes sense. Its just so confusing and stressful.
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caroldecker · 10/05/2013 00:58

sorry try here

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flowery · 10/05/2013 08:23

"Everyone is required to apply for the positions that will be available. This are apparently different enough to mean our old jobs are gone. There are also less jobs available than for the people so there will be redundancies."

Assuming one of the jobs is suitable for you, you should be offered it and not have to compete with others.

As long as you tell them about your pregnancy by 15 weeks before, telling them makes no difference to your SMP entitlement which is based on two things only, your earnings between weeks 17 and 25 of your pregnancy, and having 26 weeks' service by 15 weeks before your due date. Assuming you meet those criteria, which you may not if you are on maternity leave at the moment and not earning, then leaving employment once you've qualified for SMP doesn't mean you lose it.

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