Maternity leave and redundancy

westsider

Registered User
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Hi - my employer has verbally and by letter (although I am not yet officially "at risk" of redundancy) advised me that I will be made redundant at the end of the year. I am expecting a baby and due at the start of next year. Initially when I verbally advised my employer of my pregnancy (mid Juneish) I indicated that I would work through to the end as normal. Things have not gone to plan since (I have developed some medical problems) and under medical advice I have been told that I am to take it easy and not overdo things. As a result of the discomfort I have been experiencing and the advice of my midwife two weeks ago I gave my employer my notice of maternity leave as 1st December.
My employer has now today asked why I have changed my original date and, after my full explanation of what has happened to me in the past 6 weeks, has turned around and is saying that since I am will be leaving on maternity leave at the end of November they will change my redundancy date to end November.
Can they do this?
 
My employer has now today asked why I have changed my original date and, after my full explanation of what has happened to me in the past 6 weeks, has turned around and is saying that since I am will be leaving on maternity leave at the end of November they will change my redundancy date to end November.
Can they do this?

AFAIK. They can't make you redundant because you are pregnant and they can't make you redundant while on maternity leave. That is why they are trying to move your redundancy forward. I think you have them in a hard place. They could get into trouble for moving your redundancy forward from your written date, and if they are closing the company they can't fully wind it up while your still an employee.
Does it make a difference to your redundancy pay by leaving early and if you were not being made redundant would you have being paid while on leave.


Towger.
 
Hi Towger,
Yes my redundancy pay will be effected although not by a whole lot in the grand scheme of things.
However their policy is for full pay while on maternity leave (less SW deductions) so I feel like they are trying to get themselves out of that one.
I always thought, and was led to believe, that I would be put officially under redundancy notice at the beginning of November (full 2 months notice but before my maternity leave started) so they would have no obligations to pay me full maternity pay in the New Year.
I feel like they are being smart with me - I was trying to help out management when I gave them my notice almost 4 months early, as I didn't want them to be left short in terms of resources for the month, and now I feel like they are using it against me. Since I have not been put officially "at risk" they can now choose whatever date they want to make me redundant.
 
Get some legal advice pronto and if necessary arrange a meeting with your solicitor present.
 
Hi - No i'm not in a trade union. It's one of these "great MNs" that are always going to great lengths to be seen as politically correct about everything. How ironic!
After my impromptu meeting yesterday I really regretted not having a third party present with me. I contacted the Equality Authority yesterday evening for their advice and am waiting for them to get back to me. Thereafter, depending on what they say to me, I think I will get legal advice.
 
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