Employment law - Much confusion

Gertie · Post by **Gertie** » Mon Aug 13, 2007 9:37 am

Hello,

Can anyone point me to a place where you can independent (and possibly cheap/free) employment law advice.

My present employer is making a huge number of people redundant to cut costs, and it looks like I am included. The thing is, I'm 5 months pregnant and want to know if I can claim my maternity benefit if I am redunderated or if I will lose this?? I have only advised my head of department verbally of when I might be taking my maternity and haven't put anything in writing to them, can I take early maternity to avoid losing this before I'm given the big Elbow.

I'm reluctant to talk to my own HR department who will are terribly slow at responding due to coping with all the other people, and who might not tell me the full picture just because they need to get rid of people and quickly and cost-effectively.

What will be worse on my CV??
Redunderation from previous job
A-level Media Studies
Female with child responsibilites

Thanks in advance for any help, as I'm most confused

blurred · Post by **blurred** » Mon Aug 13, 2007 9:55 am

If you're looking for free advice, get on to your local Citizen's Advice Bureau, Gertie.

Redundancy doesn't look so bad on CV's as it can happen to anyone for any sort of reason (and usually more to do with the company than the individual).

CrazyHorse · Post by **CrazyHorse** » Mon Aug 13, 2007 9:55 am

Citizens advice were quite helpful when my wife had a problem regarding redundancy during her maternity leave.

bobo the clown · Post by **bobo the clown** » Mon Aug 13, 2007 11:49 am

Gertie,
as good a place as any is here ...

http://www.dti.gov.uk/employment/workan ... 21116.html

Alternatively, Google the question. I find TU's often offer accurate advice.

Reading what you say it seems that the business generally is undergoing review and so you will be under threat without that being a manipulation to be rid of you personally.

Like any other situation the Company has the right to progress issues (such as redundancy) even if on Maternity leave … or if leave is upcoming. However, they have to take very great care on how they treat you to ensure it's the same as they'd have treated you if you had not been. This means no disadvantageous OR advantageous treatment. Either would be unfair … to either you or to a colleague and are direct sex discrimination.

Sorry guys, but Citizens Advice tend to give you either the "I've got rights" sort of campaigner based beligerence which is more often than not only partially correct … or throw leaflets at you.

Their trouble is that they aren't experts & often come from a biased "anti-employer" standpoint. Though they give you warm, comforting, information it's often half-baked. That's why they often seem helpul but little comes from their advice in practice.

blurred · Post by **blurred** » Mon Aug 13, 2007 12:16 pm

Good point there, Gerts - if you're a member of a Union then definitely get on to them, they'll provide advice for nowt.

bobo the clown · Post by **bobo the clown** » Mon Aug 13, 2007 12:38 pm

blurred wrote:Good point there, Gerts - if you're a member of a Union then definitely get on to them, they'll provide advice for nowt.

Even if not (here's praying) the web sites usually cover the subject.

Another option, while I think is the ACAS website.

Gert ... you can PM me if you have developments.

Loyal White · Post by **Loyal White** » Mon Aug 13, 2007 1:11 pm

What Bobo said is correct, they can make you redundant even though you have informed them you are pregnant, however if you feel that they are descriminating against you personally you should lodge a grievance with your HR dept and take things from there.

If this isn't the case then there is very little you can do, you would be entitled to a redundancy payment (provided you've been at the company 2+ years - statutory amount can be calculated on this website - http://www.dti.gov.uk/employment/employ ... 33157.html).

For independant HR advice try ACAS (08457 47 47 47) they're not the best however, prob best to ring a couple of times to make sure your getting the correct answer.

hisroyalgingerness · Post by **hisroyalgingerness** » Mon Aug 13, 2007 1:14 pm

I always phone ACAS - they're very helpful. just be honest, clear, tell them everything and they'll advise you correctly

sorry to hear gerts

Manny · Post by **Manny** » Mon Aug 13, 2007 1:24 pm

ACAS helpline

08457 47 47 47

great free employment advice.

Unfortunately its one thing knowing your employer is in the wrong but another to prove it and get the result you want.

hisroyalgingerness · Post by **hisroyalgingerness** » Mon Aug 13, 2007 1:27 pm

Manny wrote:Unfortunately its one thing knowing your employer is in the wrong but another to prove it and get the result you want.

don't even get me started on this

CAPSLOCK · Post by **CAPSLOCK** » Mon Aug 13, 2007 4:49 pm

Rupert

If the above offerings don't get you the info you want, I'll ask our lawyers

I'm employed to know this stuff, but we pay em a nice fee so I always check me stuff

One more query wont break the bank

And remember, being potentially redundant, or position under review doesn't mean you're going anywhere

How long have you worked for them?

communistworkethic · Post by **communistworkethic** » Mon Aug 13, 2007 4:57 pm

gerts, get your mat leave requested anyways, they'll crap themselves over making you redundant over fears of a sexual discrimination claim

Gertie · Post by **Gertie** » Mon Aug 13, 2007 5:03 pm

Thanks for the advice, I've been with them over six years and they are giving me a tax free lump sum to go on redundancy that would be very handy to give me some time off before I start looking for a new job. I just want to know if I can tell them that I want to begin my maternity leave before my redundancy starts so I can possibly claim both the lump sum payment and the SMP. Perhaps it's too greedy on my part but it would be handy considering I've been here a while and would have been taking my maternity if they hadn't redunderated me.

Or am I better to agree to go before starting maternity leave and just take the lump sum than to risk losing that payment and my other benefits such as my holidays I haven't taken yet and stuff.

Just a bit confused if it's worth making a fuss about SMP and holiday pay, or if going quietly with a large tax-free cheque would be better. I know that no-one can tell me that but wanted to be aware of my options before agreeing anything.

thanks again folks you've been great.

bobo the clown · Post by **bobo the clown** » Mon Aug 13, 2007 5:13 pm

Gert, I'd suggest you take the maximum option but offer to negotiate to go earlier if they agree to that.

if you came to me with that request then I'd agree to let you - just because your average HR man is totally flumuxed by the intracasies of maternity & it crossing with redundancy & all the sex disvrim opportunities. I'd agree a little extra & have you sign a 'compromise agreement' just so there's a clean break.

Done & dusted & no worries. One down, from the redundancy point of view and no chance of any wierd comeback. I'd see that as a result.

What you DON'T need is to be dealing with some hardbitten woman in HR. They are the worst.

CAPSLOCK · Post by **CAPSLOCK** » Mon Aug 13, 2007 5:43 pm

A nice 203 would keep it clean for both sides

Bruce Rioja · Post by **Bruce Rioja** » Mon Aug 13, 2007 6:48 pm

CAPSLOCK wrote:A nice 203 would keep it clean for both sides

No, no. She's office based, there's no car involved!

mummywhycantieatcrayons · Post by **mummywhycantieatcrayons** » Mon Aug 13, 2007 7:47 pm

I hope the above advice works for you, but do you inflict made-up words like 'redunderated' on your colleagues too?

Bruce Rioja · Post by **Bruce Rioja** » Mon Aug 13, 2007 8:49 pm

mummywhycantieatcrayons wrote:I hope the above advice works for you, but do you inflict made-up words like 'redunderated' on your colleagues too?

Oh, bloody hell. Stand by your beds. Sergeant Serious has arrived!

Batman · Post by **Batman** » Mon Aug 13, 2007 8:50 pm

Just accuse your boss of inappropriate behaviour towards you.

Montreal Wanderer · Post by **Montreal Wanderer** » Mon Aug 13, 2007 8:53 pm

Batman wrote:Just accuse your boss of inappropriate behaviour towards you.

Well, she is pregnant but I'm not sure that would work (especially if the boss is female).

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Employment law - Much confusion

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