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notice of redundancy 12 weeks but due to go on maternity in less than 2 weeks

  • 17-03-2012 7:36pm
    #1
    MizMix
    Registered Users, Registered Users 2 Posts: 313 ✭✭


    Posted a month ago about being selected for dismissal unfairly (due to being pregnant). Just a bit of background I was told I wouldn't be considered for an alternative role as I'm pregnant so it is a clear cut case but I don't want to go down the route of a tribunal (I'm due in 5 weeks). Since then HR have scrambled to turn back time and put a process in place for others. It's so messy that I'm still here a month and a half later while they try and figure out what to do. I have sought legal advice from a local practice but tbh not happy at all as they clearly are not employment law specialists (I had to advise them of the law at one stage!) so I am meeting with a partner of a really excellent practice on Monday.

    I am happy with the offer except they are not paying me my maternity package (despite being told earlier I would get it) so I am trying to push for this to be included again but in as amicable a way as possible (without shouting unfair dismissal as their defense will be 'a battle' etc). They now think they don't have to pay it as they know in Ireland you can be made redundant anytime before maternity leave starts. True yes but if the notice period ends after I was due to go on maternity don't they have to pay that or allow me to go on maternity first. I know I'll get the answer on Tuesday but it is playing on my mind and would appreciate if anyone knows if I am correct here- I was verbally notified of redundancy on the 1st Feb (no formal communications, it was an off the record conversation). I got my first formal letter this week on the 15th of March- a compromise agreement stating my role was redundant on that very day, 15th March. It stated that I was told before that my role was at risk of terminating on this date (not true- this is the first time I was even given a termination date!!). As I said I'm happy to go along with the compromise agreement if they also pay me my maternity. My question is given that I have a 12 week notice period my date of termination therefore cannot be any earlier than May?? I am due mid April and was due to go on maternity the end of this month. So even though I am accepting I have been made redundant they still have to pay me my maternity package if they want me to go now?? Or am I missing something?

    PS they have said I can go on maternity leave if I want but the ex gratia amount they are offering may not be available then (i.e. i will only get statutory). My preference is to go now so I can focus on the baby and start looking for a new position mid summer. I don't want any of this hanging over me over the next few months.

    As always appreciate any answers to my long winded question!!


Comments

  • #2
    AnnaDurban
    Registered Users, Registered Users 2 Posts: 1 ✭AnnaDurban


    Hi
    Did you have any success here? I am in a simialar situation in that the company is closing at year end and I am due to go on Mat leave in Nov. I am now going to apply for early maternity leave and see if can go out now and be made redundant other side...
    Please let me know how this worked for you


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