Redundancy pay and Maternity pay

[emsiee]

Im hoping someone can help me here.

To cut a long story short, my company is offering voluntary redundancy packages. If I were to take this, they have said I would have to pay back some (its not clear how much) of the mat pay ive received. I got full pay for 6 months now on SMP only. Can they do this? I`m thinking of taking legal advice, but wanted someones help first who has maybe been in the same position.

 

[MrsRH]

usually, if you don't go back to work after mat leave, you have to pay the difference back between your enhanced mat pay and SMP.

this may be a lot of money if you generously got 6 months full pay!

The complication is the redundancy package (if you take it) and when they will want you to finish. Off the top of my head, you would have to go back to work for 3 months or be made redudant in this first 3 months otherwise pay back the money

ACAS are independent employment specialists (google them) and they'll give you your legal position.

hth
xxx

 

[emsiee]

Thanks for your reply..

It is a lot of money! It wouldnt be worth taking the package to be honest

The jist I got today was all this has gotta happen before the end of march. Im not due back until June, and would be made redundant beginning of March. Im just thinking I wouldnt be returning because there would no job for me to go back to! So is this really a reason under the clause in my contract? As generally, you do have to return for 3 months..but does this apply with redundancy?

No one seems to know for sure what the position is...even my employer considering they are quite a large company!

I think Im gonna give ACAS a ring

 

[MrsRH]

I've called ACAS before; they are very helpful!
good luck
xxx

 

[pinkandfluffy]

Thanks for your reply..

It is a lot of money! It wouldnt be worth taking the package to be honest

The jist I got today was all this has gotta happen before the end of march. Im not due back until June, and would be made redundant beginning of March. Im just thinking I wouldnt be returning because there would no job for me to go back to! So is this really a reason under the clause in my contract? As generally, you do have to return for 3 months..but does this apply with redundancy?

No one seems to know for sure what the position is...even my employer considering they are quite a large company!

I think Im gonna give ACAS a ring

Would be interested to hear what ACAS say. My company are doing the same. I got HR to confirm in writing they would not seek to recover any payments (ie enhanced mat package or not returning to work for 3 months) and they did, so I have gone for it.

If you are interested in it, ring HR for your companies specific position, if they say they'd want to reclaim money it might be worth letting them know you'd have been interested were it not for that - if they don't get enough volunteers maybe they'll reconsider

I work for a uni btw so quite a big employer, presume smaller companies may not be so generous

 

[emsiee]

Thanks for your reply..

It is a lot of money! It wouldnt be worth taking the package to be honest

The jist I got today was all this has gotta happen before the end of march. Im not due back until June, and would be made redundant beginning of March. Im just thinking I wouldnt be returning because there would no job for me to go back to! So is this really a reason under the clause in my contract? As generally, you do have to return for 3 months..but does this apply with redundancy?

No one seems to know for sure what the position is...even my employer considering they are quite a large company!

I think Im gonna give ACAS a ring

Would be interested to hear what ACAS say. My company are doing the same. I got HR to confirm in writing they would not seek to recover any payments (ie enhanced mat package or not returning to work for 3 months) and they did, so I have gone for it.

If you are interested in it, ring HR for your companies specific position, if they say they'd want to reclaim money it might be worth letting them know you'd have been interested were it not for that - if they don't get enough volunteers maybe they'll reconsider

I work for a uni btw so quite a big employer, presume smaller companies may not be so generous

ACAS didnt know. Too many specifics. He told me to wait until I had everything in writing and go seek legal advice if its not written in my contract. (which its not) Although he did say I could maybe claim that its discrimination against women as the same wouldnt apply to men (obviously) but Im not sure about that

Thats an idea, thanks! I have already spoke to HR though and they couldnt answer my question yet. Im due to get my offer next week so will have to wait for that. But in the mat leave policy, it does not say anything about paying it back due to redundancy so I`ll see what they put in writing first then ring them again. I have also said Im going back in 8 weeks just to give the impression that I am,(doubt it though, depending on the payout) in the hope they will reconsider any decision about paying it back (crafty!) lol

Also, are you getting Pay in lieu of notice if you dont mind me asking? Im worried I may not get it

I work for a council, so quite a big employer too

 

[pinkandfluffy]

Thanks for your reply..

It is a lot of money! It wouldnt be worth taking the package to be honest

The jist I got today was all this has gotta happen before the end of march. Im not due back until June, and would be made redundant beginning of March. Im just thinking I wouldnt be returning because there would no job for me to go back to! So is this really a reason under the clause in my contract? As generally, you do have to return for 3 months..but does this apply with redundancy?

No one seems to know for sure what the position is...even my employer considering they are quite a large company!

I think Im gonna give ACAS a ring

Would be interested to hear what ACAS say. My company are doing the same. I got HR to confirm in writing they would not seek to recover any payments (ie enhanced mat package or not returning to work for 3 months) and they did, so I have gone for it.

If you are interested in it, ring HR for your companies specific position, if they say they'd want to reclaim money it might be worth letting them know you'd have been interested were it not for that - if they don't get enough volunteers maybe they'll reconsider

I work for a uni btw so quite a big employer, presume smaller companies may not be so generous

ACAS didnt know. Too many specifics. He told me to wait until I had everything in writing and go seek legal advice if its not written in my contract. (which its not) Although he did say I could maybe claim that its discrimination against women as the same wouldnt apply to men (obviously) but Im not sure about that

Thats an idea, thanks! I have already spoke to HR though and they couldnt answer my question yet. Im due to get my offer next week so will have to wait for that. But in the mat leave policy, it does not say anything about paying it back due to redundancy so I`ll see what they put in writing first then ring them again. I have also said Im going back in 8 weeks just to give the impression that I am,(doubt it though, depending on the payout) in the hope they will reconsider any decision about paying it back (crafty!) lol

Also, are you getting Pay in lieu of notice if you dont mind me asking? Im worried I may not get it

I work for a council, so quite a big employer too

Don't mind at all! I believe we're not getting a separate pay in lieu of notice, it will be classed as part of the pay out. Ours would be a months notice. Our package though is 6 months wages, plus the standard "1 week for every year of service" so generous even without that. We also have to agree an end date and my line manager seems happy to agree to the end of my paid (SMP only now - nearing 39 weeks) maternity period too.

I have had it confirmed my request has been accepted so just awaiting confirmation of the amount from HR though I received an estimate before putting in my request.

Made sure I got it in writing though when HR told me they wouldn't try to recover any payments as, like you, there was no mention in the maternity policy. Would have made it fairly pointless me going for it

 

[emsiee]

Thanks for your reply..

It is a lot of money! It wouldnt be worth taking the package to be honest

The jist I got today was all this has gotta happen before the end of march. Im not due back until June, and would be made redundant beginning of March. Im just thinking I wouldnt be returning because there would no job for me to go back to! So is this really a reason under the clause in my contract? As generally, you do have to return for 3 months..but does this apply with redundancy?

No one seems to know for sure what the position is...even my employer considering they are quite a large company!

I think Im gonna give ACAS a ring

Would be interested to hear what ACAS say. My company are doing the same. I got HR to confirm in writing they would not seek to recover any payments (ie enhanced mat package or not returning to work for 3 months) and they did, so I have gone for it.

If you are interested in it, ring HR for your companies specific position, if they say they'd want to reclaim money it might be worth letting them know you'd have been interested were it not for that - if they don't get enough volunteers maybe they'll reconsider

I work for a uni btw so quite a big employer, presume smaller companies may not be so generous

ACAS didnt know. Too many specifics. He told me to wait until I had everything in writing and go seek legal advice if its not written in my contract. (which its not) Although he did say I could maybe claim that its discrimination against women as the same wouldnt apply to men (obviously) but Im not sure about that

Thats an idea, thanks! I have already spoke to HR though and they couldnt answer my question yet. Im due to get my offer next week so will have to wait for that. But in the mat leave policy, it does not say anything about paying it back due to redundancy so I`ll see what they put in writing first then ring them again. I have also said Im going back in 8 weeks just to give the impression that I am,(doubt it though, depending on the payout) in the hope they will reconsider any decision about paying it back (crafty!) lol

Also, are you getting Pay in lieu of notice if you dont mind me asking? Im worried I may not get it

I work for a council, so quite a big employer too

Don't mind at all! I believe we're not getting a separate pay in lieu of notice, it will be classed as part of the pay out. Ours would be a months notice. Our package though is 6 months wages, plus the standard "1 week for every year of service" so generous even without that. We also have to agree an end date and my line manager seems happy to agree to the end of my paid (SMP only now - nearing 39 weeks) maternity period too.

I have had it confirmed my request has been accepted so just awaiting confirmation of the amount from HR though I received an estimate before putting in my request.

Made sure I got it in writing though when HR told me they wouldn't try to recover any payments as, like you, there was no mention in the maternity policy. Would have made it fairly pointless me going for it

Thats brill. Its sounds like a good deal. I so wish my employer does something like that! They did say at a meeting the other day something along the lines of " well if were to recover all the mat pay youve been paid, it wouldnt be so attractive then would it, so we`ll have to wait and see"...so hopefully, they wont take all of it, as I think they want rid of people on mat leave to be honest.

Im just worried I wont qualify for the pay in lieu of notice (12 weeks pay) as from 1st March Im on unpaid mat leave hence saying Im going back on 28th March.

 

[pinkandfluffy]

Here's hoping they are keen to make it as attractive as possible - Good luck