UK Employment LawFilter: missus made redundant during maternity leave
October 11, 2012 6:48 AM Subscribe
I'd like some advice on whether it's worth pursuing an ex-employer to tribunal for unlawful dismissal.
posted by anonymous to law & government (7 answers total)
My missus was recently made redundant, 3 months into maternity leave. We know for a fact that someone was internally recruited into her team a few days before she was notified. Although it's unlikely the Firm would ever admit this, we know this is an unlawful dismissal and potentially sexual discrimination.
Her redundancy package was roughly 5 months' pay. Prior to going on maternity leave she was working part time, since she also looked after our firstborn two days a week. It is on this pro-rata part time salary that her exit package has been based.
The process has so far been very shoddy, and only recently has she got senior HR attention by raising a grievance, as per ACAS guidelines. The initial documentation she was sent did not reflect the conversation she'd had with HR, the pack took 2 weeks to arrive rather than the promised 4 days, and some of the details in the pack were wrong.
We've been told by legal counsel that jobs of similar status and remuneration should be offered to those on maternity leave (rather than simply a list of current vacancies, which is what they have said they will send her).
I'm not after legal advice. We've got a couple of sources of that that we can use. I'm curious to know if 5 mths' pay for someone who's been working there for 7 years is reasonable. I'm also interested to hear experiences of pursuing ex-employers to tribunal for unlawful dismissal. How long does this take? What sort of cost? How much of a drain is the process? My thanks to you all.