Redundancy and Forthcoming Paternity Leave

[powderfinger]

Hi there,

First post here. Not too sure where to turn for advice.

My wife and I are due a baby in mid September.

Yesterday myself and 20 odd colleagues were informed that we would be placed on a 30 day consultation with regards potential (probable!) redundancy. This process will conclude mid August. They will look to redeploy but if this is not possible redundancies will be made.

My organisation has a generous paternity leave policy and I have received a letter on company headed paper confirming that my request for paternity leave has been approved with the start date of mid September.

Is my company obliged to honour the paternity leave they agreed to in spite of the redundancy situation? Will I be afforded any special treatment.

Or can they make me redundant at the end of the 30 day consultation period in mid August and completely dispense of the paternity leave agreement?

The first of my 30 day consultation meetings is tomorrow. I would be grateful for some advice please on where I stand legally with respect to them honouring the paternity leave they have agreed to.

Many thanks in advance.

[powderfinger]

I should have started that I have been headcount for over 4 years.

[dslippy]

It all comes down to the parental leave policy. If it has become part of your contract then this is a contractual obligation - but the redundancy may override it.
A leave policy is generally a right to take the leave and pay in lieu does not apply.

[powderfinger]

Thank you. The parental leave policy is outlined in the Company Handbook. But sadly I think you're right in saying that redundancy will override it.

[ULA]

As far as I am aware certain employment rights in a redundancy situation are only attached to maternity, adoption or shared parental leave.

If the redundancy process is due to conclude mid Aug depending on your contractual notice period (assuming a month) and if the company asks you to work your notice then your termination date would be around the same time as you were due to go on paternity leave so any obligations would end on termination.

[powderfinger]

Well actually I have a 3 month notice period!

[ULA]

It may well depend then on whether you are asked to work your notice in which case you will be on paternity leave (not sure what the generous paternity policy gives you) and how much of the 3 months that covers, or whether the company decides to pay in lieu of notice.