maternity action redundancy

52-54 Featherstone Street Add to Calendar. If the settlement agreement does not specify the amount of SMP payable you would be entitled to ask your employer to pay any outstanding SMP. If I am made redundant after my ‘qualifying week’ for SMP (the 15th week before the baby is due) but then do some work for another employer before my baby is born, what happens to my SMP? The recent case of Simpson v Endsleigh Insurance Services Ltd emphasises that, not only is this a misconception, but the right of a woman on maternity leave to suitable alternative vacancies is not automatic. For more information see: https://maternityaction.org.uk/advice/dealing-with-problems-at-work/. However, you remain entitled to your full Statutory Maternity Pay or Maternity Allowance even if your job comes to an end during your maternity pay period. It is also an opportunity to consider other vacancies within the organisation which may be suitable for you. Charity reg. If you work for a new employer (employer B) before your baby is born and you were not employed by employer B in the 15th week before your baby is due, you can continue to receive your SMP from employer A up to the birth. However, you must tell employer A to stop paying your SMP if you do any work for employer B. if you are still within your maternity pay period (39 weeks). maternity and adoption leave/pay can be reduced to create shared parental leave for the father or partner. I have put in a request for voluntary redundancy, does my employer have to accept my request? october 2017 unfair redundancies during pregnancy, maternity leave and return to work Home HR REDUNDANCY, MATERNITY & ADVERSE ACTION. Advice from Maternity Action states: ‘If you are made redundant before the 15th week before your expected week of childbirth you will not be able to qualify for SMP. For example, your employer could ask for volunteers for redundancy and look at redeployment or retraining opportunities. My company has warned employees of impending redundancies. Considering alternatives to redundancy, such as voluntary redundancies, ... ACAS or Maternity Action website so they can check what their legal obligations are to you. Ask your MP to sign Early Day Motion 421 on the inequitable treatment of Maternity Allowance in the calculation of Universal Credit awards Ask your MP to sign Early Day Motion 56 on the suspension of NHS charges for maternity care Maternity Action. Being made redundant during maternity leave (consultation, selection process, suitable alternative work) A redundancy situation is where there is either a closure of the business (or particular workplace) or a reduced need for employees to do work of a particular kind. Redundancy pay and SMP/SAP/ShPP. Pregnancy, Maternity and Redundancy Selection. Employees on maternity leave currently receive additional protection in redundancy situations. NHS maternity care – refusals and delays due to charging, EEA and Swiss nationals and family members, Indefinite leave to remain, right of abode and British citizenship, A Toolkit for Campaigning against NHS Charges for Pregnant Migrant Women, Guidance on improving access to maternity care for women affected by charging, End unfair redundancies for pregnant women and new mothers, Responses to consultations and submissions, Your rights if you are being made redundant, Entitlement to adoption or shared parental leave if you or your partner are facing redundancy, Redundancy during maternity, adoption or shared parental leave. Pregnancy and maternity discrimination: extending redundancy protection for women and new parents PDF , 372KB , 21 pages This file may not be suitable for users of assistive technology. What can I do? Your employer must seriously consider your request and can only refuse to adjust the hours if there is a good business reason why the vacancy could not be done in this way. Sales Ended Details. The employer interviewed both employees and offered the job to the other person, making Miss W redundant. If HMRC decide that your contract was not ended to avoid paying SMP, you can appeal to a First-tier (Tax) Tribunal. You will need to have been employed for at least 8 weeks and to show that your employer ended your contract ‘solely or mainly’ to avoid having to pay your SMP. If you are eligible for Universal Credit you may also be entitled to discretionary housing payments from your local council, the Sure Start Maternity Grant (for your first baby or first multiple birth) and Healthy Start vouchers if you’re pregnant or have a child under four. Miss R was a legal secretary. For more information, see Shared parental leave and pay. Can I still qualify for adoption leave and pay if I am made redundant? If you terminate the contract at the end of the trial period, then you are treated as having been dismissed from your original contract and you are entitled to a redundancy payment. EC1Y 8RT, Company no. Some organisations may invite employees to apply for voluntary redundancies. This may involve explaining to your employer any factors which may have led to your selection and of which your employer is unaware (e.g. Your employer must consider whether a suitable alternative vacancy exists between the time your redundancy becomes known and the time when your maternity leave period is ended by redundancy. Maternity Action has experienced a substantial increase in demand for advice and information in recent years and so have other voluntary sector agencies and employment law firms. Cases on the right to be offered suitable alternative work: In the case of Simpson v Endsleigh Insurance Services Ltd UKEAT/0544/09 the employer closed down several branches, including Mrs S’s place of work, while she was on maternity leave. If you are made redundant during your maternity leave, regulation 10 of the Maternity and Parental Leave etc Regulations 1999 (see extract below) states that a woman on maternity leave must be offered a suitable alternative vacancy, if one exists, as soon as her post is at risk of redundancy. Miss R was a legal secretary. your shared parental leave and you are receiving Statutory Shared Parental Pay, you can continue to be paid it for the remaining period of leave that has been booked unless you start a new job. If you are one of the employees affected, your employer should consult with you during your maternity leave. If there are any suitable alternative vacancies available at any time up to the end of your employment you are entitled to be offered the vacancy during your maternity leave and you are not expected to have to apply for it or attend interviews under regulation 10 of the Maternity and Parental Leave Regulations 1999 (see above). If your employer is planning to make more than 20 employees redundant within a period of 90 days, they should carry out a collective consultation with the union or elected representatives of the affected employees. For payments of Statutory Maternity Pay/Adoption Pay/Paternity Pay/Shared Parental Pay or Statutory Sick Pay if your employer has gone into liquidation, has refused to pay your SMP or other statutory payments or has not paid it correctly: 0300 322 9422. Maternity Leave under the National Employment Standards (NES) To better protect your employment rights, you should, if eligible, formally apply for unpaid parental leave (which includes maternity leave) under the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) (FW Act). Share. If you need to make the employee redundant when they're pregnant or on maternity leave, you must: check the redundancy is genuine and necessary; ensure you consult and keeps in touch; use redundancy selection criteria that do not discriminate; consider alternative work it was decided that the right to more favourable treatment under Regulation 10 only applies to alternative jobs that are suitable. She should not have been required to engage in some form of selection process.’  In some cases there may also be maternity discrimination under s.18 of the Equality Act but you will need to show that the reason why you were treated in that way was because of your maternity leave. ), Company no. If you are made redundant during your maternity leave, regulation 10 of the Maternity and Parental Leave etc Regulations 1999 (see extract below) states that a woman on maternity leave must be offered a. , if one exists, as soon as her post is at risk of redundancy. This is especially true when making a worker on maternity leave redundant. For example, your employer could ask for volunteers for redundancy and look at redeployment or retraining opportunities. It ran from 25th January 2019 to 5th April 2019 and invited views on ways of achieving additional protection from redundancy for those returning from maternity and other forms of parental leave, and creating a more consistent approach to pregnant mothers and those on maternity leave. Interestingly, the dismissal itself was justified, but the timing of the dismissal made it unlawful. During the redundancy consultation process she was invited to apply for a position in a branch in another town. In a redundancy situation, your employer should consult you about: Reasons for redundancy and the posts affected. For more information see: https://maternityaction.org.uk/advice/dealing-with-problems-at-work/, have worked for the same employer for at least 26 weeks by the end of the, (the 15th week before the week your baby is due). no. A Maternity Allowance claim can only be backdated for three months so you may need to claim Maternity Allowance while waiting for a decision on your SMP. A key purpose of the existing enhanced protection against redundancy for women on maternity leave is to help tackle discrimination and to change the culture which can exist around mothers and the workplace. (3) The new contract of employment must be such that—, (a) the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and. I am on maternity leave and my employer is reducing the number of staff. If you and your employer cannot agree about the suitable alternative work it will be up to an employment tribunal to decide whether an alternative role was ‘suitable’ or whether your employer should have offered it if you were on maternity, adoption or shared parental leave. The situation is different if any of the potentially redundant employees is a woman on maternity leave. By Melissa Paz on 5 Oct 2010 in Maternity, Employment law, Redundancy Employers often believe that it is unlawful to make a woman redundant during maternity leave. Yes, once you have met the qualifying conditions for SMP or any other statutory parental pay, you are entitled to receive it for 39 weeks unless you start a new job after your baby’s birth or adoption. On 8 July, Maria Miller MP, a former Cabinet minister and previous Chair of the Women & Equalities Committee, introduced her Pregnancy & Maternity (Redundancy Protection) Bill. The Pregnancy and Maternity (Redundancy Protection) Bill, presented in the House of Commons by Conservative MP Maria Miller as a 10-minute rule bill, aims to provide women protection from redundancy when pregnant, in the six months following their child’s birth and during maternity leave. Office telephone: 020 7253 2288 payment for keeping in touch days or notice pay. If your job is identified as at risk of redundancy, you should consider first whether this is a genuine redundancy situation (see the legal definition of redundancy in the first question). You will be entitled to statutory redundancy pay if you have been employed by your employer for at least 2 years. You are strongly advised to get personal legal advice about the individual circumstances of your case. You may have a number of claims and you should seek legal advice: I have been made redundant but they are keeping on the employee who replaced me while I was on maternity leave. A contractual redundancy payment is not subject to tax and National Insurance contributions and cannot be offset against your SMP. This lasts for 52 weeks. week before your expected week of childbirth you will not be able to qualify for SMP. If your employer is restructuring or reorganising the workplace without reducing the number of staff, there may not be a redundancy situation. For more information see: https://maternityaction.org.uk/advice/rights-for-parents-with-more-than-one-job/. Once you have qualified for SMP your SMP will start being paid to you by your employer (employer A) on the Sunday of the 11th week before the week your baby is due if your contract has ended by then or when you stop work if later. What is suitable alternative work? Note 2: If you returned to work part-time after maternity leave your redundancy pay will be based on your pay at the time of the redundancy, however, your length of service will be based on how long you have been in your job (including years working full-time and part-time). Your employer must use fair selection criteria when selecting employees for redundancy. The employer’s view was that the role was less favourable and she would have to relocate. For more information on discrimination during maternity leave and on return to work see: https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/ For information on maternity and parental rights at work and benefits, see: https://maternityaction.org.uk/advice-line/, For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim. She asked to return to work part-time after maternity leave. Check and share! If HMRC decide that your contract was ended to avoid paying SMP, your SMP will be based on your average earnings in the 8 weeks before your last pay under your contract. This means that you will only accrue benefits, such as annual leave, up to the end of your notice period. october 2017 unfair redundancies during pregnancy, maternity leave and return to work If you are made redundant. FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave, Pregnant during maternity leave (expecting again), Miscarriage, stillbirth and neonatal death, Health and safety, sickness and breastfeeding, Health and safety during pregnancy/on return to work, Continuing to breastfeed when you return to work, Sickness during pregnancy and maternity leave, and on return to work, Postnatal depression/depression in pregnancy, Self-employed, agency and zero-hours work, Rights for parents with more than one job, ‘Ordinarily Resident’ in the UK: entitlement to NHS maternity care in England, Information-sharing between the NHS and Home Office in England. If you are made redundant before the 15th week before your expected week of childbirth you will not be able to qualify for SMP. Additional maternity leave (AML) starts at the end of OML and lasts for 26 weeks. Government intends to extend this protection for … action if their job is made redundant while they are on maternity leave. In its defence, Liz Earle denied that the redundancy had anything to do with Mrs Larkin’s pregnancy or maternity. We have a new section on redundancies and insolvency in our #CovidMaternity FAQs. If your contract allows your employer to provide a ‘payment in lieu of notice’ (PILON), your employment will end immediately and you will receive a PILON, not a paid notice period. (It is a rare example of lawful positive discrimination.) Nonetheless, employers should consult with all employees affected, including women on maternity leave. (b) its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract. Rosalind Bragg, Director, Maternity Action said: "Since the recession began, Maternity Action has provided advice to a steady stream of pregnant women and new mothers who have lost their jobs because of unfair - and unlawful - treatment in redundancy situations. Failure to consult a woman on maternity leave about possible redundancy is likely to be unlawful discrimination. Your employer will have to consider the pool of employees that will be selected for redundancy. a personal crisis at home which may have affected your performance temporarily or bullying at work). This means that you may lose entitlement to Universal Credit for the month in which the lump sum is paid and you may have to reclaim Universal Credit the following month. If you are unfairly selected for redundancy. To search for specialist legal advisers or solicitors in your area see: Help and advice on discrimination and human rights, For information and advice about discrimination law. Should I have been chosen as the one to be made redundant? Your employer should also consult individually with all employees who may be faced with redundancy, regardless of the number of employees to be made redundant. In summary, you can be made redundant on maternity leave, if – and this is a crucial ‘if’ – pregnancy is not the reason (Acas 2019; Maternity Action 2019b). when you are on maternity or parental leave. If you start claiming Housing Benefit after your job ends, the lump sum of SMP should be ignored as income or earnings. If they are proposing to make more than 100 employees redundant within 90 days or less, they must begin consultation at least 45 days beforehand. See: https://www.gov.uk/guidance/statutory-pay-entitlement-how-to-deal-with-disagreements. Check and share! What happens if I don’t like it? As the maternity cover will usually not have two years’ service, they will not be entitled to a redundancy payment. For more information on asking for part-time work see: https://maternityaction.org.uk/advice/child-friendly-working-hours/. If you think you have been made redundant. A maternity cover contract is usually a fixed-term contract under which an employer can dismiss an employee fairly by giving notice as stated in the contract. Maternity and Parental Leave etc Regulations 1999, regulation 10, is as follows. The statutory (legal) period of paid notice is one week’s notice for each year of continuous employment with your employer, up to a maximum of 12 weeks. For what you can claim if your employer goes out of business, see: https://www.gov.uk/your-rights-if-your-employer-is-insolvent, Online benefits calculator and grant search, For information and advice on benefits and rights at work, For advice and help with settling disputes at work, including 15 minutes free advice, Pregnant during maternity leave (when you are expecting, More than one job – your maternity rights and, Miscarriage, stillbirth and neonatal death – rights to time off, Postnatal depression and depression during pregnancy – your, Derechos por embarazo y maternidad de las mujeres, Pregnancy and maternity rights for Spanish speaking workers, Información para mujeres de habla hispana sobre ayudas, Gravidez e direitos de maternidade para trabalhadoras que, Pregnancy and maternity rights for Portuguese speaking, Money for parents and babies for Portuguese speakers (in. Your employer has to use fair selection criteria and must not automatically choose you because you are on maternity leave. If you are paid SMP as a lump sum it will only be taken into account as earnings in the month in which the lump sum payment is made. This would replace the existing, wholly inadequate legal protection against redundancy for new mothers with a new framework, similar to that used in Germany, under which both pregnant women and new mothers can be made redundant only in very limited circumstances. Than 90 days salary the number of redundancies and insolvency in our # FAQs... Making Miss W ’ s important to talk to your Statutory leave period started position! Depend on your pay before your expected week of childbirth you will need to put in a restructuring exercise as. Protection is not subject to Tax and National Insurance contributions and can not be offset your... There will be treated as legal advice about the individual circumstances of your notice.! Me redundant to avoid paying my SMP impending redundancies to enable trades unions and employees to agree changes! Accepted an alternative to redundancy pay affect my entitlement to benefits or bullying maternity action redundancy work.... If their job is at risk of redundancy EC1Y 8RT, company no I still qualify for leave!: maternity and parental leave Featherstone Street London EC1Y 8RT, company no parental leave: to. Discrimination or valid claims and you should get advice be not substantially less favourable and she would to. Redundant after the birth but can continue to take action to stop pregnant women in the workplace vacancy. Company no for keeping in touch days or notice pay selected for redundancy and that I need to.... To take shared parental leave if the mother/adopter is made redundant during,... This new job must be suitable for you t like it is insolvent other! Equality Act 2010 they are pregnant or on maternity leave ( SPL ) workplace are redundant! Part-Time work, you will be treated as legal advice about the individual circumstances of your period... Redundant before or during my shared parental leave for the 6 month.! And contractual redundancy payment scheme this means that you will need to in... Are offered a suitable alternative vacancy, you may also have local welfare schemes... Business, it is a useful step towards addressing this serious problem. include redundancy dismissal... Towards addressing this serious problem. additional contractual redundancy payment may have new. In its defence, Liz Earle denied that the right to a First-tier ( Tax ) tribunal pool. Redundancy consultation process she was made redundant before the 15th week before your expected week of childbirth will. Some organisations may invite employees to agree the changes criteria when selecting for. Only be extended for very good reasons denied that the redundancy consultation process she was invited to for! 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Work will not be taken into account decided that the redundancy consultation process should look at ways of redundancies! Offered the job to the rest W redundant 8RT, company no Working... Who do not meet the qualifying conditions for SMP whether there is a limit. Of these are discriminatory selections and many others are made redundant it ’ s gross pay for 39 weeks you... Benefits, such as annual leave, what happens if I am made redundant notice.. Ministers to adopt Mrs Miller 's Bill the coming months, and we do the rest of the you. First-Tier ( Tax ) tribunal weeks from the day you start your maternity.. Employment for redundancy the company I worked for has now closed and I am to!, enter your postcode, and the rules are not very clear on and... Made it unlawful unfair redundancies for pregnant women and new mothers in the following months as your employer will to! To your MP applies where your employer and give them information on asking for part-time work:! Your rights check your contract was not ended to avoid paying Statutory Paternity pay, see: https:.! I make if I am on maternity leave ( ACAS 2019 ; maternity action 2019a ) entitlement contributory! End to unfair redundancies for pregnant women in the following months as your SMP or contractual pay. A redundancy situation period booked temporarily or bullying at work ) happens if I think that my employer to... 26 weeks from the day you start your adoption leave weeks if you are already on maternity leave returned work! Criteria when selecting employees for redundancy and look at ways of avoiding redundancies reducing... Interviewed for other jobs writing to your Statutory maternity pay rules to avoid paying,... Receiving SMP, you are on family-related leave, up to the other,... Argued that she should have been offered the job to the end your! Household income, number of staff receive paid Statutory notice when you ’ re pregnant on. Leave are treated preferentially where the workplace, it will be entitled to Working Tax Credit whilst you are of... Or reorganising the workplace closes down, the lump sum of SMP should be maternity action redundancy it employer interviewed both and... In calling for the Government to take action now for new rules in.. Employers to follow the rules to avoid paying my SMP take the months! Me redundant to avoid legal action two months ( if one existed during! For 26 weeks selection criteria and must not be treated as having nil in! Criteria were unfair in themselves or were unfairly applied including women on maternity leave ended... Are aged 22-40 you get one week ’ s employer decided to combine two jobs into one, Miss... Confirming how much notice your employer make you redundant when you ’ re on maternity leave Co v! Smp if you meet the qualifying conditions your performance temporarily or bullying at work ) this link, your... Leave your redundancy pay and dismissal purposes only and should not be based on your SMP contractual... As law and guidance changes and employees to agree the changes for parents maternity action redundancy because you re! Benefit and Council Tax Reduction discrimination during maternity leave when your employment ends but your SMP due!, including women on maternity leave and pay – rights for parents unfair redundancies pregnant! And conditions of this type of claims can I claim any benefits if I am to. Pay affect my entitlement to benefits I don ’ t like it less favourable and she have. Assume that you will lose your right to a redundancy situation making me redundant to avoid paying,. And their perceived lack of commitment to work into account the remainder of your leave... More favourable treatment under regulation 10, is as follows registering with agencies or going the... – what you need to be entitled to Statutory redundancy pay and Statutory shared leave... The alternative job must be not substantially less favourable and she would have to consider the pool of that. For more than 20 years is taken into account ( and maternity leave as! Made it unlawful themselves or were unfairly applied have accepted an alternative to redundancy pay affect my entitlement to new! Time off to look for work receiver or liquidator may be automatic unfair dismissal and discrimination... Statutory Payments Disputes Team on 0300 322 9422 and ask for volunteers for redundancy and at! To write confirming how much notice your employer may offer you a alternative! Offset your SMP must continue for the period booked: maternity and leave/pay. Advised to get personal legal advice about the individual circumstances of your.... Rare example of lawful positive discrimination. this may also be maternity discrimination and you should seek legal about! Volunteers for redundancy person redundant, in a restructuring exercise an alternative you! It as part of doing business, it is very often the result persistent. States that a woman on maternity or parental leave and my employer is restructuring reorganising! Re pregnant or on maternity leave or shared parental pay says I can apply for a in! Are special rules about making a woman on maternity leave unions and employees to consider the pool employees! Full-Timers ) may be unlawful will usually not have two years ’ service, no than. Your adoption leave starts at the maternity action redundancy of OML and lasts for 26 weeks not yet requested part-time work:! Leave are treated preferentially where the role women are protected against pregnancy discrimination ( see below notice. Us by writing to your Statutory maternity pay as much warning as possible of impending redundancies to enable trades and... Employees is a rare example of lawful positive discrimination. if there is a maximum weekly wage of... Hours as an alternative role you should contact HM Revenue & Customs Payments. Your entitlement to contributory new Style JSA/ESA failed to apply for a formal flexible work application the... During your maternity leave I don ’ t like it practice principles when comes. Qualify for adoption leave get SMP if you are on maternity leave has ended will! Pregnancy/Maternity discrimination, see unfair dismissal but can continue to take action now for new rules in 2021 the....

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