Redundancy likely after maternity leave

When you have your meeting with HR, you should focus on getting some clarity from them as to whether or not your role is actually going to be placed at risk of redundancy or not. Your manager does not seem clear on this point, but it should be a straightforward question for HR to answer.

If your role is going to be placed at risk of redundancy, you should consider asking HR for clarification on the following points:

• What the business case for the proposed redundancy/redundancies is
• Whether it is only your role that is at risk or, whether employees who undertake the same or similar work to you will also be affected
• The businesses intentions regarding the redundancy consultation process and when this is scheduled to begin.

If your role is going to be at risk of redundancy, then the business ought to follow a formal redundancy consultation process with you in due course. This process should set out the reasons why your role is at risk of redundancy, deal with any selection process and afford you the opportunity to raise any questions or concerns that you have. If the business is able to offer you suitable alternative employment, which can include redeployment, this should also be discussed with you. If a suitable alternative to redundancy can be identified, then this should avoid your role having to be made redundant. If no suitable alternative can be found, then your employment may be terminated on grounds of redundancy. When considering suitable alternative employment, the business should take into account your normal working hours and pattern, which includes home and hybrid working arrangements The business should also take into account your contractual entitlements, but you will also need to consider your contractual obligations to them.

If you are made redundant then you will be entitled to statutory redundancy pay and notice pay. These payments are normally based on your normal working week and your normal weekly salary, but your contract of employment will set out whether these payments are based on statutory rates or enhanced rates. You may wish to seek clarity from HR as to whether they will be counting your overtime towards any redundancy and notice payments and also whether you would be expected to work your notice period.

Your contract will also set out whether you are entitled to any additional benefits should your role be made redundant. You would be entitled to a payment in respect of any accrued but untaken annual leave as at the point of termination, but you would have no entitlement to an additional payment for untaken KIT days.

*Charlotte Geesin is Legal Director of Howarths, a Yorkshire based, award-winning Employment Law, HR, Business Immigration and Health & Safety provider for SMEs across the UK.

• Vote  
• 0
• 0
• You already voted!