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On mat leave, been put at risk of redundancy, have option to apply for a mat cover role

7 replies

RunningGuerita · 14/01/2013 14:17

Mat leaves end in two months. Have been put at risk of redundancy and will be made redundant in 6 weeks. There is one role that I am suited for but it is a pay grade lower than mine and is a mat cover position. I am told I have to interview for it and accept lower pay (by a good chunk) and sign a new contract. It will be a 12 months contract. I have been at the company for 6.5 years.

Will I maintain continuity of employment and be entitled to redundancy at the end of the new contract, assuming my colleague does come back to work?

Financially given the high costs of childcare where I live and the fact that I have two very young children, I would be better off taking the money and not working for the next 10 months and looking after my kids myself. But I have had two years off in the last 2.5 years, am going stir crazy and want to get my career back on track. I have already had one job offer pulled because of my young family (yep, they put it in writing!) so think I would rather look for a new job from a job. I have been looking for the last 6 months already. I have been picky cause time was on my side but now here we are.

Thoughts? Advice?

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Oodsigma · 14/01/2013 15:31

Are you the only one being made redundant? Are there others at your grade that are keeping theirs?

All sounds iffy so hopefully someone who knows will be along soon

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Sausagedog27 · 14/01/2013 21:51

Have a look at direct gov website. I think due to equality act 2010 they have to offer you something - not 100% tho.

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UnexpectedItemInShaggingArea · 14/01/2013 21:56

Get advice fast! I'm pretty sure that women on mat leave are protected, you should be offered a role before other at risk employees.

Maybe try ACAS?

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UnexpectedItemInShaggingArea · 14/01/2013 21:57

Ps, you could also sue the other company for discrimination if they pulled the job offer like you said...

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IfYouCanMoveItItsNotBroken · 14/01/2013 23:19

Can you do both? Take redundancy then apply for the other job? It occurs to me that they don't have to pay you redundancy at the end of a fixed term contract so could maybe get out of paying the whole lot for your years of service. You are supposed to return to a similar role, including pay wise, so you are essentially starting a new job and don't want to potentially jeopardise a payout by taking a lesser paid temporary post. But I'm afraid I may be talking out of my arse and have added little to the conversation.

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flowery · 15/01/2013 08:10

The OP hasn't said anything to indicate that her redundancy was unfair or "iffy" in any way.

OP if you're not sure it was fair, or if there are posts available that are more suitable that the one you mention, do say.

Assuming not, the answer to your questions are yes. You will maintain continuity of service and will also be entitled to redundancy provided there is no suitable role available at that time.

Remember redundancy will be based on your new pay though.

You can't do both because if you're still working there you're not redundant and therefore not entitled to a redundancy payment.

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RunningGuerita · 15/01/2013 08:26

Thanks all. It's a bit of a long story but yes I agree my post is redundant. I had thought the new role would be deemed a Suitable Alternative but due to difference in pay, it isn't hence the requirement to interview. They have confirmed continuity of employment and that I would be eligible for redundancy payment at the end. New pay is irrelevant because the weekly pay cap on enhanced redundancy pay kicks in anyway. So from a legal point of view I think it's squared.

I guess I was just wondering how much more difficult it will be to job hunt from mat leave then redundancy than from mat leave. I know I could sue the other company who withdrew their signed contract (!) but I am time poor and prefer to focus on finding something else with a company that will value my experience over worrying about my children. Naive I know!

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