Re: Legal/HR Advice Please

[p2b]

Hi

In September of this year I took advantage of a career break scheme which my employer (a university) was offering in order to save money and try and avoid redundancies. Unfortunately I have just heard that all of the posts within my department are to be made redundant and that a new structure (with less posts) is being proposed. When selling the career break scheme assurances were made that if I could not return to my post because it had been made redundant then my employer would find me a position on my current grade. I have such assurances in writing (as detailed below) but I just wondered whether someone in the know might be able to comment on whether this is actually worth the paper it is written on. Does this offer letter of the career break have legal standing? I am concerned that when I do decide to go back thay can just turn around and say there is no position available. I can't afford to be out of the workplace that long without being fairly confident I will have a job to go back to and can secure at least my previous level of earnings.
Many thanks for your time.

"I am writing to confirm the University's offer of an unpaid career break commencing 1st September 2009 for a period of up to two years. It is important that you provide the University with one month?s notice in advance of your proposed return date in order that appropriate arrangements can be made for your return. You may also return to the University at an earlier date, than that stated above. If you wish to do so you must provide the University with one month?s notice, for the reasons as outlined above. It is guaranteed under the career break scheme, that you will return to a post on your current substantive grade".

[flowerybeanbag]

Well that paragraph is very poorly drafted as it appears to guarantee a suitable post, making no provision for what happens if one isn't available which surely must always be a possibility given the length of time you are having off.

The bottom line is, although your letter says you will get a post, if there isn't a post then there isn't a post, so I can't see your letter giving you any more protection against redundancy than anyone else tbh.

[p2b]

Hi Flowery

Many thanks for your reply. I did always fear this might be the case. Is there anything you think I should be doing to try and give myself a little more security. I have emailed HR to asked to clarify the situation now that my post has been made redundant but I have yet to hear back.

Thanks again for your time.

Sarah

[flowerybeanbag]

I think there is very little else you can do - as I say that paragraph does actually say you are guaranteed a suitable post, without even adding any caveats to that so you're not going to be able to get anything stronger in writing that that really. The trouble is if there literally are absolutely no posts available, all the written guarantees in the world aren't going to be able to change that.

If there was a post and for example there were several people in contention for it who were otherwise redundant, you could try and use that wording to strongly argue that the post should be yours as you've been guaranteed a post, but otherwise I think you're in the strongest position you can possibly be in because of what you have in writing.

The other thing to bear in mind is that 2 years is a long time so although there are redundancies at the moment, the situation could actually be very different by then and it might be an advantage to be out of the way for a couple of years and coming back at a better time.

[p2b]

Thanks again for your reply. The contact at HR is going to ring me to discuss my position and I guess I will just have to wait and see what positions might be available when I want to return. I think that what I will do is keep and eye on the vacancies and then get in touch when I see something suitable so that I can try and secure such a position.
Thanks again.