I am currently 35 weeks pregnant and have been put 'at risk' by my place of work. We are currently going through a consultation period on new job roles. There are 12 of us under threat all considering applying for 4 new roles, although these roles are extremely similar the view of senior management is that they are significantly different.
My problem is that I am soon going on maternity leave. Where do I legally stand?
Some questions I would like answering are:
1) Would my 3 month notice period commence from the end of the consultation period and run into my maternity leave or do they have to be separate?
2) When calculating my redundancy pay would they have to consider my maternity leave period as continued service? They are currently arguing that because my notice would end before my two-year qualifying period and that I would not be entitled to anything. My argument is that any payments due to me should be worked out over the entire maternity leave period i.e Notice period for 3 months, SMP for 39 weeks, holiday accrued and also length of service during that time too.
3) If they are informing me that my job is redundant just before I go on Maternity leave, does that mean that I am not covered by the 'suitable alternative job' protection and am simply redundant?
4) If the answer to the above is 'yes' are they discriminating against me by me not being able to attend an interview as I would be on maternity leave?
I would really appreciate any help or advice you can give me, especially on my rights on returning to a job and redundancy payments.
I work part time and am about to be made redundant. However, I previously worked full-time in the same role. Can I expect redundancy severance for the full-time years based on a pro-rata-ed full-time salary, or do I have to settle for all my years' service being calculated on my part-time salary?
Eighteen months ago I was touped across to another blue chip company. I have 23 years experience. Earlier this year my team and I were offered an incentive leaving plan (ILP) which equates to a years pay tax free. My whole team took the incentive which left me by default with no alternative but to accept the ILP as the company said they did not have a role for me going forward. The company wanted to merge my teams worktypes into another part of the business to consolidate it in one place, I was asked to support the transition and by doing that I was offered an extension to my employment by three months which takes me to the end of Jan 2011 instead of 31 Oct 2010. In the meantime this strategic change was cancelled as not viable in the short term and for me to then employ contractors to replace my full timers to carry out the exact job. I now have a team of contractors being trained up by the full timers ready for end of Oct. My manager has told me I will also be replaced by a contractor team leader next year when I go!!! Can you advise if the role is still ongoing, which it is, and they are basically replacing me with a contractor whether I have a case for constructive dismissal or because they are employing contractors this is allowable in the eyes of the law.
I’ve been employed as a nursery nurse for 14 years and have two small children aged five and two. Currently I work 16 hours a week (Thurs & Fri). My employer has asked me to work five days a week to which I said yes but only nine-two pm (this is to fit in with taking my older child to school and picking him up). I was waiting for this to be finalised and have just been advised that they now can’t offer me these hours and have said they can only offer me eight-two or three-six - obviously I can't commit to these hours due to taking/collecting my son from school so have told them no. I am concerned that they are making it awkward for me and are trying to push me to leave. Can they do this? If they advise me that they can’t offer me anything else other than the above and ask me to leave - do they by law have to offer me redundancy?
I am due to complete maternity leave on 23 July and then return to work on 17th August following annual leave. My employer has informed my department and is due to formally inform me that my role is being displaced to London which is two hours away via rail. All staff are being told they will have a job but it will be in London and the company will help them find other jobs in the company if possible. The timetable for this has already started and this will all be sorted out by 1st September. I have been advised I am also within these deadlines yet I do not return until 17th August and therefore feel at a considerable disadvantage. They also want me to arrange my flexible working hours to take into account I could be working in London whereas I currently live five minutes from work and wish to do compressed hours which may not be possible if I work in London. Surely I can readdress my working hours if and when my place of work changes to this displacement otherwise I could risk redundancy at a significantly reduced salary.