Advice & Support

Redundant on maternity leave and rights to statutory notice: ask the expert

Redundant on maternity leave and rights to statutory notice: ask the expert

I have just been made redundant and have a questions about my pay. I was on maternity leave from 01.04.2012 until 07.02.2013. I added my accrued paid leave onto the end of my maternity leave, meaning I was off in total 12 months until 31.03.2013.   I was then advised that legally if you are on maternity leave your employer has to pay you statutory notice at full pay. My employer has said ok you are currently on paid annual leave for seven weeks and therefore all we need to do it make up the short fall of two weeks full pay and this will equal the nine weeks of full pay. This period was calculated by counting nine weeks back from 31.03.2013 until 24 Jan 2013. I assumed the notice period being referred to was the time I'm on maternity leave and serving my redundancy notice, and during this time I have to receive full pay and that my paid annual leave is separate.

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Am I being unfairly dismissed?: ask the expert

Am I being unfairly dismissed?: ask the expert

I am currently 16 weeks pregnant and told my boss about the pregnancy about a month ago. The company has seen a reduction in clients and two weeks ago I received a letter announcing that my job (Office Manager) is considered for redundancy and the main reason is that it is a non-client facing role. I wrote back saying that this has always been the case and asking who is going to do my job and I was told that other team members would. Also I have been told that no other people are being considered even though they are not dealing with any clients and this is purely a cost-cutting measure. I feel that this is related to my pregnancy as tasks have been taken away from me and furthermore a temp has been hired and is doing some of them. Also team members are also asking other people to do some of my tasks (arrange travel, hotels, deal with expenses) and even though they say that this is a cost-cutting measure the spending has continued and furthermore they have applied for a Green Card visa for one team member and paid for the application. They only answered my questions at the end of the consultation leaving me with no option. I would appreciate if you could advise if I can sue for unfair dismissal. I have been with the company for 1yr 9 months and the notice period finished exactly before the completion of my 2 years.

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Can my promotion be taken away?: ask the expert

Can my promotion be taken away?: ask the expert

I was recently promoted to be a Director in the company I work for. Two weeks later I discovered I was pregnant. Not ideal timing, but I am over the moon. I am worried firstly that when they find out that I am expecting that they will take back my promotion - can they do this? Secondly, it is likely that the business will sell during the period when I am on OML. I have a bonus as part of my package which is linked to the sale. If I am not actively in the business at the time of the sale, can they refuse to pay me the sale bonus I would otherwise be entitled to? I'd really appreciate your help - I can't find any information on this.

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Job no longer exists: ask the expert

Job no longer exists: ask the expert

I am due to return to work after Additional Maternity Leave and have been told that my old job 'no longer exists'.  I have been having discussion for 2 months about possible suitable alternatives, and while roles have generically been discussed, no formal job descriptions have been provided or made to me in writing.

I have now received a job description for a role and told that it is 'equivalent' to my old role.  My old manager is unable to provide me with any details of the role, including simple basics such as where it is based. They have also been unable to confirm whether the role is on the same Terms and Conditions, Salary, and Benefits as my previous role.

This was provided to me on e-mail just 1.5 days before my planned return to work.  I am a mum of twin boys and have reasonably tried to be flexible and open about what role I could take on, but now find myself in a position where I am potentially returning to a role which has never previously been discussed with me, where there has been no assessment of my Flexible Working request, and they cannot even specify location.  Given that, in my view, my employer has failed to provide me with any details of a new role in a reasonably timely manner, I feel I have little alternative but to leave.  I have 7 years’ service and feel very poorly treated.

Is there a case for a tribunal claim given the way my employer has acted in providing me so little information so late in the process, leaving me with, I feel, no option but to resign?

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Entitlement to bonus after being on maternity leave: ask the expert

Entitlement to bonus after being on maternity leave: ask the expert

During 2012 I had 9 months of maternity leave and worked 3 months (although 1 month of this was using up holiday). My manager recently told me I wouldn't be paid any bonus for 2012. Her reasons were that the bonus was based on performance and as I hadn't been in the office they couldn't make a judgement on this. She also mentioned that as I had received a big pay rise earlier I was relatively well paid compared to my peers. I wanted to check whether they were able to withhold a bonus for this reason. 

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