Advice for a friend - redundancy

[Rids]

Wonder if I can consult the OCUK knowledge base - I've already done a little bit of research on Acas, but first had knowledge / experiences are always appreciated.

A friend at my old firm is 3 months pregnant and was told in a meeting today that her and her colleague face redundancy as they are moving her role from London to Manchester as part of a restructure.

The nuts and bolts behind that move is that her line manager is taking a risk management role within the company, and they would prefer to transfer the statutory reporting team up to Manchester where they have already have a manager with the spare capacity to assume the work instead of hiring somebody else on London salary.

They offered her the opportunity to transfer up to Manchester - however that was not suitable due to the pregnancy and the fact that her partners job is significantly better paid, it just wouldn't make sense.

There were plenty of offers made with regards to attempting to find a suitable position with her in the company, and to offer her support and coaching to find a new role.

Obviously if she ends up transferring to a new company she is unlikely to recieve any kind of maternity benefit, coupled with the fact it is unlikely that a firm will hire a pregnant woman. I know that you can't be seen to discriminate, but come on, its not hard to fudge the paperwork and say that she wasn't suitable for the role.

With regards to the internal transfer, the new risk manager will be getting an assistant in London. This is something that my friend is probably suited to, as she has significant experience with internal controls and Marsox testing, however they did not at any point mention this is an option. I'm guessing this is because her line manager does not think too kindly of her and wouldn't want to have her working for her again.

I'm just in the fact gathering stage at the moment, from my understanding as long as they do things by the book and don't actively discriminate against her there isn't much she can do to avoid getting shafted.

There has been plenty of comments made in the past about how she "wasn't in anybodys plans now that is thinking about starting a family" - but there is no evidence of any of this.

Any suggestions?

 

[MoNkeE]

The company has done its due diligence; offered her to transfer her role to the new office, and offered numerous other roles within the business. They've done everything correctly, and have been quite accommodating by the sounds of things.

Not sure what else she could expect. If she wants the maternal benefits, take the new job role in the same office, she'll be leaving in a few months anyway.

 

[Semple]

Agree with the above, it might feel like she's being shafted but the company have offered other opportunities, just not in the same office location.

What if her partner wasn't working, or wasn't on a much better wage? Assuming not too many ties into London, would she then take the role?

 

[Rids]

The company has done its due diligence; offered her to transfer her role to the new office, and offered numerous other roles within the business. They've done everything correctly, and have been quite accommodating by the sounds of things.

Not sure what else she could expect. If she wants the maternal benefits, take the new job role in the same office, she'll be leaving in a few months anyway.

Sorry I think there may be some misunderstanding - they've offered to attempt to find her a suitable role in London - but they've not offered her anything. She has put in an application for the risk assistant role but they've decided to go with an external candidate instead.

I would agree they've done everything correctly, by the book, but I wouldn't say they were in any way accommodating. I can't think of anybody that would uproot their entire life to take a £5k paycut and move to Manchester.

I think the frustrating thing of it is the timing, the loss of maternity pay is going to hurt, but have to agree with what you've both said, having done my research, they've played it perfectly and she'll just have to take it on the chin.

 

[tom_e]

Unfortunately in the same way a new employer would probably find a way not to hire a pregnant woman, her current employer aren't going to do anymore than they have to to keep her as they know she'll be disappearing on maternity leave soon and there's always a good chance she'll decide not to come back.

 

[CraigN]

The company has to pay maternity pay even if she is made redundant. They would have to cover the full 39 weeks.

edit not sure if that would be statutory or as per the companies maternity policy.

http://www.maternityaction.org.uk/a...undancy-during-pregnancy-and-maternity-leave/

 

[tom_e]

If a pregnant employee qualifies for statutory maternity pay and is made
redundant before going on maternity leave but after the beginning of the
15th week before the baby is due, you will need to pay her statutory
maternity pay (SMP) as well as any redundancy payment. Remember you
are reimbursed by the government for the SMP.
If your company has a maternity policy which offers additional contractual
maternity pay this would end when the contract ends unless you agree
otherwise.

From ACAS so that's something at least.

 

[Rids]

Aye, but she'd need to be there another 10 weeks (ish) to qualify - can't imagine that will be the case.

Appreciate the responses though fellas.

 

[dowie]

I would agree they've done everything correctly, by the book, but I wouldn't say they were in any way accommodating. I can't think of anybody that would uproot their entire life to take a £5k paycut and move to Manchester.

Well it could make sense in her situation - question is whether it is worth moving there temporarily for a few months then taking the paid paternity leave(and not going back) or simply taking the redundancy?

Can she not work for the team in Manchester for a few months while being based in the London office? Can the work she does not be done from home for the few months she has left?

 

[dowie]

Aye, but she'd need to be there another 10 weeks (ish) to qualify - can't imagine that will be the case.

Short term let in Manchester for 10 weeks then decide the new job isn't for her and she'd like the redundancy (+ statutory maternity). (will need to check the rule but IIRC there are some guidelines on taking a new role when offered redundancy and she might be able to try the role then reject it later...)

 

[BigT]

Company has played it by the book, either very cleverly given timings etc. or genuinely because they're doing the right thing.

Two options spring to mind:

1. Got to Manchester for 10 weeks and apply for flexible working conditions formally to say work three days a week in the office and two from home so she can have 4 days a week back home.

2. They are presumably, as part of the consultation process, asking for her input into ideas to avoid redundancy for her position. She should research something I know as 'bumping' that from memory has the formal name of 'transferred redundancy'. Find someone in a role working where she is whose job she could do better than the incumbent in post, who has been in the company less than her and who she feels she could objectively demonstrate she is better skilled to do the job. This is likely to be a lower position on less pay but she should suggest that redundancy is transferred to that individual's position and she takes on the role (probably on a lower salary). This will force the company to reveal their true intentions. If it's her they just want to go then they'll probably want to talk a compromise agreement in a 'without prejudice' conversation. If it's above board then she may have to take a pay cut for 10 weeks and then go on maternity but hopefully on a better footing than being out of work or getting statutory.

 

[Mr-White]

Accept the Manchester job, go on maternity leave and then hand in notice once maternity leave is over ?

 

[Rids]

Think she is just going to take it on the chin and hope that they'll offer something more than statutory given the situation.

Manchester isn't really an option, she is a lovely girl but in some ways she is like a lost puppy - she can't be at home without her partner. Working for even a week in a city without him is not something she could do - let alone doing it for the time she would need before she left for maternity. The 10 weeks is just to qualify for SMP, she still has 6+ months before her due date so would probably need to work from Manchester for at least 5 of those. There is also the added expense of Manchester accommodation, they're due to complete on a new house in the next couple of weeks, I doubt they would be able to afford to run both.

I think its a bit of both, it does make sense to transfer the position to Manchester as they are slowly winding down London finance operations and as much as I like her and the other guy they're getting shot of, I don't particular rate them. Their department was 3 people doing a job that could comfortably be done by 1 and a half.

I will mention the transferred redundancy thing just in case - however other than the position they've just filled with an external candidate I doubt there is anything else in London she'd be suited to.