Hi All
First time user also so hoping someone can help?
The question is for someone I know not for my own work however would be useful to know for future reference.
Employee on maternity leave, due to go back to work in July. Put on consultation and has been told there will be roles advertised. If one of the roles is appropriate and she wants it what are her rights as she obviously doesn't want to go back to work until July. Do they have to keep the role available?
Also if there wasn't a role for her what is applicable in terms of redundancy payments. Does she just get notice pay or should there be something until her return to work date in terms on compensation?
New area to me so apologies if I don't make any sense!
Thanks
Shel
Replies
Hi Shelby
Great question and there was a recent post on this too, if you check the thread.
If the employee is on maternity leave and they are one of a number of employees at risk of redundancy, the woman must be offered ‘suitable alternative positions’ before colleagues who are not on maternity leave. If the employer offers a suitable alternative position to someone else instead of the woman, this may lead to a claim for unfair dismissal. Also employers should remember to fully consult with the woman whilst she is absent on maternity leave, even if collective consultation is taking place, as there is also a requirement to individually consult.
Once the employee has qualififed for statutory maternity pay they are entitled to receive it for 39 weeks even if the redundancy takes effect during the statutory maternity period. In terms of notice this would be as per her contract of employment, or if there is no contract the statutory minimum, the redundancy payment would be whatever the Company is offering either statutory or enhanced.
ACAS have issued some sensible guidance which I attach here http://www.acas.org.uk/media/pdf/r/f/Managing-redundancy-for-pregna...
I hope this helps!
Sarah