The unusual situation of maternity & redundancy plus answers to some FAQ's

This is the 7th episode of a mini series focusing on redundancy advice for employers and how to ensure you get things right.

In this episode I will cover:

• How to deal with employees on maternity leave
• What you need to do to consult employees on maternity leave
• What to pay employees on maternity leave
• When you have to offer an alternative role to an employee on maternity leave as a priority
• How to deal with notice for an employee on maternity leave
• What to do with employees on sick leave during a redundancy consultation
• Points to consider when consulting with a sick employee
• How to calculate redundancy pay for an employee on sick leave
• The relevance of the ACAS code of practice
• The legal obligation to allow an employee to be accompanied during the redundancy process
• What to do with those employees who volunteer for redundancy

 Action Points

Check your contracts and handbooks to see if you have any contractual obligations in terms of the redundancy process particularly for employees on maternity or sick leave, and with regards to the right to be accompanied during the redundancy process. .

Helpful Links

Online tool for working out statutory redundancy pay

Employment Rights Act 1996 

Simpson v Endsleigh Insurance Services 

Guide to Redundancy

Would you like advice about your situation?

Appointments are available on the telephone, via Microsoft Teams or Skype throughout the UK.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

This is the sixth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• The eligibility criteria for a statutory redundancy payment
• How to calculate continuous service and when it will be extended
• The relevant date for calculating redundancy pay
• When an employee will not be entitled to redundancy pay
• What happens if an employee refuses to work their notice
• What to do if an employee commits gross misconduct after being placed on notice of redundancy
• How to calculate redundancy pay
• How to work out a ‘weeks pay’ for employees with irregular hours and wages
• What will happen if a dispute arises about eligibility for redundancy pay
• What an employee will need to do if their employer cannot afford to pay their redundancy pay
• Points to consider if you pay enhanced redundancy pay or a discretionary payment

 Action Points

Check your contracts and handbooks to see if you have a legal obligation to pay an enhanced redundancy payment.

Helpful Links

Online tool for working out statutory redundancy pay

Employment Rights Act 1996 

Guide to Redundancy

 HR Harbour

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

• Redundancy plan – step by step guide
• Timetable to use – collective consultation and non-collective consultation versions
• Letter warning employees of redundancy situation
• First letter to employee representatives re proposed redundancies
• Letter to employees requesting volunteers for redundancy
• Letter to employee representatives with details of collective consultation process
• Ballot paper for election of employee representatives
• Nomination form for employee representatives
• Notice to employees with outcome of the elections
• Notice to employees re Employee representative elections
• Letter follow up on individual meeting
• Letter offer of alternative employment
• Letter to individual employees – provisional selection for redundancy
• Letter to individual employees confirming dismissal for redundancy
• Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.