made redundant just prior to parental leave

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brassones

Member
27 February 2021
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Yesterday I was told my role at my employer was made redundant after only 4 or so months. This is a very senior role in what I was told was a very fast growing business. It turns out it's actually a stagnant business that is in significant debt.

I previously left a very well paid, prestigious job to join them and I am now left with the prospect of 6 months unpaid parental leave and then no job at the end of this. My employment prospects are arguably damaged as a result.

Importantly I was due to take unpaid parental leave in 2 months to look after our baby. This was agreed prior to my joining the company and was for a period of 6 months.

I believe I have been deceived about the company and the job (seniority) which they believe I am "too senior" for the job they have... and importantly I believe my parental leave is inconvenient and costly for them. (they would need to pay me a significant sign-on bonus that matures during my parental leave).
As am example 3 weeks ago he (owner) queried if I "really need to take the leave?" and could I be available part time during my leave. I said i might be but cannot guarantee it.
Then yesterday, without warning I am made redundant.

They are suggesting my notice period of 3 month months + statutory payments. They also want me to work out my notice period. How can this be a real redundancy?

The parental leave timing is unfair and seems prejudice against me.

To me it feels like they don't want to pay me the bonus and be inconvenienced by 6 months of my absence.
I feel my reputation, income and prospects are damaged as a result of these actions.
Do you feel this is worth pursuing? I am paid $200k and now I am paid zero.
 

Rod

Lawyer
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27 May 2014
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See a lawyer for advice.

You arguably have a case for misleading conduct, potentially breach of contract (harder to win in a redundancy but circumstances may be in your favour), GP claim over dismissal due to employee entitlements (eg parental leave).