Redundancy shock on maternity leave

By THIS IS MONEY
Updated:

 

A friend who is on maternity leave and due to go back to work in December has been made redundant.

Mother and child

What are her rights in this situation? Does her employer need to give 90 days' notice and pay her for this period as well as her due redundancy? C.D., Northallerton, North Yorkshire

Simon Moon from This is Money replies: If your friend works for a company that intends making 20 or more staff redundant then it must consult in advance with an employee representative before issuing redundancy notices. The consultation period is usually 90 days, but it is not unusual for this to be waived in lieu of payment.

If fewer than 20 staff are affected, your friend is entitled to a minimum notice of termination based on her service record. For example, her minimum notice period after working for her employer for three years is three weeks, four weeks after four years and so on, rising to a maximum of 12 weeks after 12 years.

However, her contract of employment may stipulate a longer notice period than the law demands.

To qualify for redundancy pay she should have been in her present job for two years. The amount of redundancy she is legally entitled to is based on salary, age and length of service.

If she is being made redundant because she has had a baby she is likely to have a case for claiming sex discrimination. This would be dealt with by an employment tribunal.

• For more information about redundancy see the Advisory, Conciliation and Arbitration Service (Acas) website or call the helpline: 08457 47 47 47.

• For more about employment tribunals, see the government's public services website www.direct.gov.uk.

Most watched Money videos