Redundancy on Maternity Leave need advice ***WON***

[Sparklez30]

Hi Been a while since I've been on here.

 

I am in the process of being made redundant whilst on maternity leave. Last week I received a letter telling me that if I stay employed by the company until 31st march I will receive a retention payment of 10% of my salary. I know they are keeping my department on longer than the remainder of the company as I work in finance department.

 

They have now sent me a letter telling me the original letter was sent in error as I am clearly on maternity leave. This seems unfair to me as if I was working in the office I would have got this payment (and it would take me into my third year). Can anyone tell me if it is likely I would have a fair claim for discrimination against the company based on this (as if I wasn't on maternity leave I would be employed until 31st march and would receive the additional retention payment?)

 

This redundancy is terrible timing for me as all our savings have just been getting me through my maternity leave and I was due to get a 50% childcare discount for nursery fees for my youngest but now instead I am being let go.

 

The redundancy itself is fair - the company has been sold to a large national chain and all employees at the head office are going (most in mid feb except for my department).

[Bigredbus]

Hi,

 

Were there any Terms and Conditions attached to that initial letter you received?

[Sparklez30]

no it said there would be but none were attached and as my baby has been ill all week I hadn't had chance to chase them up

[Bigredbus]

I doubt that they will disclose any of the information contained in such document as the initial letter was sent in error, however, you may be able to gather such information through work colleagues... You may know someone who has been offered that retention ''bonus''...

 

You also need to find out what they understand by ''retention''...

[Sparklez30]

The letter itself said:-

 

I am writing to confirm detail of the retention bonus that will be paid to you. Subject to you remaining in the employment of xxxxx until 31st March 2012 and you fulfillinf the conditions which are listed separately as at 31st March 2012 you will be paid a bonus of 10% of your basic salary. The bonus will be paid at the end of April at the latest and will be subject to deductions for Tax and National insurance.

 

I hope you will achieve the necessary conditions and thank you in anticippation of your efforts over the coming weeks

 

signed

xxxx

 

The new letter says I am writing further to my letter dated 27th Jan which was sent to you in error. As you are currently on Maternity leave the contents of this letter were not relevant to you and I would like to sincerely apologise for the confusion receiving this letter may have caused

 

signed

xxxx

 

I have spoken to my boss but she couldn't give much info (i suspect there is a confidentiality clause) but she did say that finance are staying on longer than the remainder of the company. I would presume if there reason for not including me is simply because I'm on maternity leave then it would be discrimination (as indicated in their second letter) is this not the case then?

 

Acas advised I write back and tell them the letter appeared discrimatory and that they should reconsider?

[Bigredbus]

Yes, I do agree with the content of your last post. However, there are T&Cs to be discharged and you do not know their ambit...

[Sparklez30]

even if the clause said you had to be in the office could this be argued to be discriminatory as well as im on mat leave but the rest of the department are staying on for the extended perod?

[Sparklez30]

sorry im asking lots of what ifs but im so upset about this - its a national nursery chain too so their client base is mostly working parents

 

ps thank you so much for looking and trying to help!

[Bigredbus]

Not at all... I understand the upsetting situation...

 

Their initial letter states that:

 

(a) you remain in employment until 31 March 2012; and

(b) that you fulfill the conditions listed (separately)...

 

- What will be your status until that date (a)?; and could you get a copy of those ''conditions''?

[Sparklez30]

Checked with my boss and no one has been sent the T&C's for the retention bonus and she therefore said I can officially ask for confirmation on who is getting it to confirm it is the whole department

[Bigredbus]

Good...

 

Therefore you should draft a letter underlining their offer, a potential element of discrimination, the fact that at the stated date you will still be in their employment and that you are [still] on maternity leave.

[Sparklez30]

Thanks I am drafting one as we speak

[Sparklez30]

sorry can I just run this past you to make sure you think its ok

 

 

Re My employment with xxxx

 

 

As I am sure you are aware I am currently on Maternity leave whilst you are consulting on redundancies for xxx Head Office where I am currently employed.

 

You wrote to me on 27th January confirming that if I remain employed until 31st March 2012 I would receive a retention bonus of 10% of my salary. You referenced Terms attached but none were attached and as my young son has been ill all week I have been unable to chase this however I understand you have not sent any further terms and conditions to anyone you have offered the retention bonus to within the company. You have now written to me on 3rd February informing me that I am not due a retention bonus because I am on maternity leave and that the original letter was sent in error.

 

As you are withdrawing the retention bonus offer because I am on maternity leave it would appear to me that I am being discriminated against because I am on Maternity leave. As maternity leave is almost always taken by a mother this could be argued to be sex discrimination. The only terms you have stated to entitle me to the retention bonus is that I can still be employed byxxx up until 31st March 2012 which is not a problem for me as I will still be on maternity leave and as such will still be employed by xxx.

 

I would therefore request that you reconsider your position on this matter.

 

Kind regards

[Sparklez30]

sorry another question - the redundancy date will not be until around 15th Feb - should I wait to send the above until after then so that they could not alter the retention proposal at all in the mean time or should I get this in asap?

[Bigredbus]

sorry can I just run this past you to make sure you think its ok

 

 

Re My employment with xxxx Your letter dated 27 January 2012 (Ref. Retention Bonus)

 

As I am sure you are aware I am currently on Maternity leave whilst you are consulting on redundancies for xxx Head Office where I am currently employed.

 

You wrote to me on 27th January confirming that if I remain employed until 31st March 2012 I would receive a retention bonus of 10% of my salary. You referenced Terms attached but none were attached and as my young son has been ill all week I have been unable to chase this however I understand you have not sent any further terms and conditions to anyone you have offered the retention bonus to within the company. You have now written to me on 3rd February informing me that I am not due a retention bonus because I am on maternity leave and that the original letter was sent in error. (unnecessary)

 

As you are withdrawing the retention bonus offer because (on grounds of my maternity leave) I am on maternity leave, it would appear that it could be construed as discriminatory. As maternity leave is almost always taken by a mother this could be argued to be sex discrimination. The only terms you have stated to entitle me to the retention bonus is that I still be employed by xxx up until 31st March 2012 which is not a problem for me as I will still be on maternity leave and as such will still be employed by xxx.

 

I would therefore request that you reconsider your position on this matter.

 

Kind regards

 

Looks good to me!

[Sparklez30]

sorry another question - the redundancy date will not be until around 15th Feb - should I wait to send the above until after then so that they could not alter the retention proposal at all in the mean time or should I get this in asap?

 

Also worth pointing out that this is the date notice will be served but they have said to me they will not expect people to work the notice so they are paying PILON (or gardening leave I'm not sure which)

[Bigredbus]

Do you have your original contract at hand?

 

Clauses to that effect should appear on it...

[Sparklez30]

right after unofficial discussions with my boss (off the record so not official yet ) i understand my department have all been offered the retention figure but my mat leave cover has only had it verbally not in writing yet (my boss thiks they sent it to me in error) should i wait to send my email which might give them chance to send out t&cs or should i send now anyway and request official notification of who is receiving it/

[Bigredbus]

Send it as soon as you can... and await their reply... should be interesting! (If I may say)

[Sparklez30]

it does say we may be paid in lieu of notice the notice date isnt official but they said to me the descision would probably be made before the consultation period is up and the consultation is up around 15th feb and i expect them to serve notice immediately

[Sparklez30]

sorry another question is there any issue with me emailing rather than an actual letter?

[Bigredbus]

No... there should not be any. However, make sure you assign a policy to your e-mails by requesting delivery and read receipts... Otherwise, you may want to inform the recipient that a hard copy has been sent by post b ''Recorded Delivery'' (a must do if by mail).

[Sparklez30]

thank you - it is gone and i shall let you know the response

[Sparklez30]

Am I right in thinking that the GUS Home shopping VS Greene & Anor is likely to relate to my issue?

 

http://www.bailii.org/uk/cases/UKEAT/2000/994_99_2709.html

 

Also if the company now suddenly supply T&C's which would rule me out of receiving the bonus (say by requiring me to be in the office) could I query this as it was only distributed after I made my complaint?

 

 

Also on a slightly side note I expect to have my third and final consultation next week some time (I don't know when as I haven't had the date sent to me yet but in my experience over the last two meetings I have only been given 1 working days notice so could be any time soon). If during this meeting they inform me that my redundancy date is the same as most of the company of around 15th Feb and that I will be PILON could I claim that this could also be discrimination as my department are working until 31st March as is my temporary maternity cover. The reason I ask is if my employment effectively ends mid march I will only have gained 2 years service however if it ends 31st March as per my department and maternity cover I will have gained 3 years service). Also if this does happen should I point this out at the meeting?

 

Also and just to check as I think I know the answer, my contract requires 4 weeks notice to be given to me before either party can terminate the employment. Am I right in thinking this should be based on my salary not my SMP rate or at an average from before I went on maternity leave? And also as i have accrued holiday should this also be paid based on my salary not on my SMP rate? I haven't received any breakdown yet so they may be paying it that way but in case not I would like to know the information before my meeting.

 

Sorry I have so many questions but I want to be as prepared as possible and to understand as much as I possibly can.

[Bigredbus]

Am I right in thinking that the GUS Home shopping VS Greene & Anor is likely to relate to my issue?

 

http://www.bailii.org/uk/cases/UKEAT/2000/994_99_2709.html

 

Good find...

 

Also if the company now suddenly supply T&C's which would rule me out of receiving the bonus (say by requiring me to be in the office) could I query this as it was only distributed after I made my complaint? You could ask why no T&Cs were attached to their initial letter as stated.

 

 

Also on a slightly side note I expect to have my third and final consultation next week some time (I don't know when as I haven't had the date sent to me yet but in my experience over the last two meetings I have only been given 1 working days notice so could be any time soon). If during this meeting they inform me that my redundancy date is the same as most of the company of around 15th Feb and that I will be PILON could I claim that this could also be discrimination as my department are working until 31st March as is my temporary maternity cover. The reason I ask is if my employment effectively ends mid march I will only have gained 2 years service however if it ends 31st March as per my department and maternity cover I will have gained 3 years service). Also if this does happen should I point this out at the meeting?

 

If most or all of your department is dismissed on 31 March, I do not see why you would be dismissed anytime prior to that... If there is any attempt to do so, you should query the reason, or reasons...

 

Also and just to check as I think I know the answer, my contract requires 4 weeks notice to be given to me before either party can terminate the employment. Am I right in thinking this should be based on my salary not my SMP rate or at an average from before I went on maternity leave? And also as i have accrued holiday should this also be paid based on my salary not on my SMP rate? I haven't received any breakdown yet so they may be paying it that way but in case not I would like to know the information before my meeting.

 

Those are contractual and therefore not based on SMP...

 

Sorry I have so many questions but I want to be as prepared as possible and to understand as much as I possibly can.

 

...

Edited February 4, 2012 by Bigredbus
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