# Claiming redundancy after maternity leave even though job still there?



## Bubbly Scot (13 Aug 2009)

I heard this at work today and couldn't believe it could be true. A girl with 10+ years service at my work went on her maternity leave about a year ago. At the beginning of this year she told the boss she wanted to spend a year at home before coming back to work, he said that's fine. I actually heard that conversation.

Today someone told me that she has no plans to return and is claiming redundancy or to be more specific, she has engaged  someone to claim a redundancy payment from our boss. Is this possible? the boss has stated over and over that she is coming back and her job is there for her (someone brought in since she went on mat. leave may well get paid off) as she has been with him for so many years. I don't understand how she can be made redundant if the there is a job there for her and the boss doesn't want her to leave. At most, she might have some holiday pay or something due but redundancy? am I missing something here? As far as I know my boss didn't father this child so why should he be paying for her to stay home and look after it?


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## papervalue (13 Aug 2009)

Not certain but in that case you would not be entitled to Redundancy as she is bascially leaving voluntary.

The main thing here is their is a Job for her.

Be different if told Job their and none their.

She might get Redundancy if the boss goes along with her version of story that no job their. Really depend on how they got on and whether boss feels any loyalty or feels he owes employee something for years of work.

technically i think it would not be a genuine redundancy


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## jhegarty (13 Aug 2009)

I don't see any way this could be redundancy.


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## Bubbly Scot (13 Aug 2009)

Am glad it's not just me then. It's a small company and our boss has done really well managing to keep us all in jobs while others are being laid off around us. Something like this could well tip things financially and cause people to be laid off.

As I am currently the "last in" this causes me a bit of worry.


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## Calebs Dad (13 Aug 2009)

An employee is dismissed for redundancy, and may qualify for redundancy pay, if the following conditions are satisfied:
[broken link removed] The employer has ceased, or intends to cease continuing the business, or 
[broken link removed] The requirements for employees to perform work of a specific type or to conduct it at the location in which they are employed have ceased or diminished.
For consultation purposes only there is a different definition of "redundancy".
A redundancy therefore applies where the workforce is reorganised and there is: 
[broken link removed] less work, and/or; 
[broken link removed] changes in conditions that result in the new job being quite different from the old one, and/or; 
[broken link removed] work put out to contract by the employer.
The test for redundancy is whether the employer requires fewer (or no) workers to do work of a specific kind and not just whether the work itself has ceased or diminished

Your boss should write to her asking for an anticipated return to work date


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## MandaC (14 Aug 2009)

Unfortunately, I have seen this happen many times before.  The boss is probably going along with the employee to facilitate her.


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## Purple (15 Aug 2009)

If the boss is going along with her then he is conspiring with her to defraud the exchequer (as a % of the payments made are covered by the tax payer).

If he is not, as seems to be the case here, then she's conspiring on her own to steal from her neighbours. It's wrong but there's tens of thousands of people at it.


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## Calebs Dad (15 Aug 2009)

Then bosses should seek advice on how to stop this practice. It is not difficult to do and if only cost you a fraction of the potential redundancy outlay, money well spent. If you have done it once, you should not need the help in the future


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## Purple (15 Aug 2009)

calebs dad said:


> then bosses should seek advice on how to stop this practice. It is not difficult to do and if only cost you a fraction of the potential redundancy outlay, money well spent. If you have done it once, you should not need the help in the future



+1


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## Slash (16 Aug 2009)

An employee cannot "claim" redundancy. It's not a benefit.

Only the employer can initiate redundancy. The "job" is made redundant, and subsequently, the contract of employment is terminated.


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## sistinas (16 Aug 2009)

Calebs Dad said:


> Your boss should write to her asking for an anticipated return to work date


 
great advice. Your boss needs to document everything - I would advise sending that letter by registered post as well. If her return date has passed, then the letter should be inquiring as to when/whether they intend on returning, as they have been noted as absent etc. I would also advise that a written log of times & dates of all future phone correspondance, meetings etc be kept,and if possible, accompanied by another member of staff (incase it ever went to court). Once she sees things being done that way she'll back off after a while. 

Some people really are just out to screw others over.


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## Bubbly Scot (17 Aug 2009)

MandaC said:


> Unfortunately, I have seen this happen many times before.  The boss is probably going along with the employee to facilitate her.



I doubt that, he is anticipating her return...mostly because she can do the job better than any of the rest of us 



Slash said:


> An employee cannot "claim" redundancy. It's not a benefit.
> 
> Only the employer can initiate redundancy. The "job" is made redundant, and subsequently, the contract of employment is terminated.



Sorry, that was probably more of a turn of phrase. I understand the difference, I was referring more to the phone call someone took and the implication she was looking for redundancy...if you know what I mean.



sistinas said:


> great advice. Your boss needs to document everything - I would advise sending that letter by registered post as well. If her return date has passed, then the letter should be inquiring as to when/whether they intend on returning, as they have been noted as absent etc. I would also advise that a written log of times & dates of all future phone correspondance, meetings etc be kept,and if possible, accompanied by another member of staff (incase it ever went to court). Once she sees things being done that way she'll back off after a while.
> 
> Some people really are just out to screw others over.



He wouldn't be the most clued up when it comes to legal stuff and employment laws and rights go out the window most of the time. Thanks for that, I'll pass it on and see what he does with it. Aside from everything else, I could do with knowing if I need to be looking for another job but I saw the woman last week and she insinuated that my job was safe enough...the call came in the next day!


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