Redundancies announced after I gave 8 wks notice to return - advice needed

[minicorrect]

Sorry this is quite long and complicated but if anyone can give me some advice on where I stand it would be appreciated.

I had my baby in March this year and have been on maternity leave since. I originally asked for a year's leave, but have since moved to a new area and bought a house so need to return earlier to pay the mortgage (DP is no longer working due to the move so will stay at home with baby as I was the higher earner).

I have been in discussions with work about coming back at the start of January since August but all our meetings kept being cancelled so I never had a definitive answer.

The week I moved into my new house coincided with the 8 week notice period so I sent it on the Thursday instead of the Monday, hoping that the discussions we'd had by email would stand for something.

I was then told that they would be sticking to the letter of the policy and that I would not be able to start back until a week later than requested as I was late getting my letter to them - this being 8 weeks and 2 days later than my letter. I'm a bit annoyed about that as it's another week without money when I really need it, but doubt I have much of a case to call.

However, the following week I was notified that the company is starting a redundancy process and that within our team of 3, 1 of us is at risk. On the most part I am not too concerned about being at risk because there is a member of our team who has been a problem this year and I am fairly confident she will be the one to leave, however I can't make any assumptions.

This also means that I still have no idea what I will be going back to do as they are talking about restructuring the support functions in line with a recent merger that finalised.

To me it sounds as though I'll be going back to do a very different job to the one I left and have been told that I have to work full time hours, although they will allow for one day working from home. I have been asked to minute some late night calls from home and was hoping I could take the time back to finish earlier when I'm in the office, but they have now told me the time must be taken back on my day at home.

I have also been told that my day at home must be flexible and that I must be prepared to come into the office when business needs demand. This is not a 9-5 culture and I am very worried that I will never get to see my baby as I'll be leaving for work at 6.30am and even if I finish on time won't be home till 20.00. Chances are they're expecting me to stay late like they used to though (I normally worked at least 5-10 hours unpaid overtime each week).

I feel pretty miserable at the moment as it feels like they have me over a barrel. I can't leave or I'll have to pay back my enhanced maternity pay (which I don't have now), but if they make me redundant the statutory payment is less than the equivalent of 3 weeks pay. If they don't make me redundant then I'm going to find it tough to go back to working full time plus and doubt very much they will be flexible on accommodating a gradual return to work as I'll essentially be doing the work of 1.5 people when I was already overworked before I left. I also have no idea what I'll be doing when I go back so find it hard to be excited about it anymore, especially as the company is no longer the same one I left (small independent to large corporate).

Should I cut my losses and try and find something closer to home at a reduced salary but hopefully more time with my family and ask to pay the money back in low instalments? Do I have any legal rights in this process that may help me? Should I just go back and walk out the door at 17.30 regardless of what needs doing? What right do I have to know what job I'll be doing when I return?

Finally as the team is small we all feel that once we know if it's us being made redundant we would rather not work the notice so essentially the team will go from 3 to 1 for a number of weeks because they are not allowing me to return early. I could do with the money so have said I am happy to come back sooner if it helps. Was this the right thing to do? I have not been able to use any of my KIT days yet so maybe they can be used for that?

[RibenaBerry]

Right, you need to break this down a bit.

First, the redundancy. If you're on maternity leave when the redundancy happens (which it sounds like it will be) you have the right to priority over the remaining vacancies. There is lots of discussion in the archive here about Regulation 10 and how it works with a selection pool, but if your employer is changing the two remaining jobs, it sounds like the priority rules in regulation 10 apply (sorry, would give more detail but in a bit of a hurry. Do have a look back through the previous threads).

That means that you are unlikely to be made redundant.

If your job is changing, you could argue that this is a redundancy situation anyway if the remaining jobs are lower in status or responsibility. However, it sounds like that wouldn't be helpful anyway if they're only paying statutory pay. One thing to bear in mind is that the company maternity pay policy may say that you don't have to repay if you're made redundant, so if you decide to leave, that might be something worth exploring.

On the flexible working, they legally have to consider a request to work flexibly and can only turn it down on legitimate business grounds. This would include a legitimate business reason for any silly rules like being able to change the day off (hhm, that will work with childcare...although I know that's not strictly a problem for you). Have a read of the stuff on the directgov website, which gives some clear information on your rights. If they are turning you down for no good reaon, this may be sex discrimination and, if you want to leave, may be an opportunity to negotiate an exit package which doesn't involve repaying your enhanced maternity pay.

In terms of KIT days, you could offer them, but your employer has to agree to a KIT day. No harm in asking...

I don't understand the bit about late night calls I'm afraid. What do you mean they have to be taken back from your day at home? Do you mean that you'll get time off in lieu but it will have to be taken on the home working days?

[flowerybeanbag]

What Ribena said.

Also, have you been told how long the redundancy process is going to be? Presumably you are in a consultation period at the moment.Just in terms of knowing what job you will be coming back to it sounds as though you will find out with the other affected individuals exactly what jobs are available going forward and how selection for redundancy will be made. These things should be made clear to you as part of consultation.

In terms of your return to work, you do have to give 8 weeks' notice to amend your return date, so if you were 3 days 'late' to give notice for return on the exact day you want, you should be able to return 3 days later than the day you want, if that makes sense. Unless you were a week late in giving notice, they can't make you wait a whole week if you don't want to.

[minicorrect]

Thanks for such a comprehensive response RB. Really appreciate it. Will explore some of your suggestions for clarification.

Yes the time taken for minuting late night calls can be taken as TOIL. It was initially suggested when I mooted the option of working from home - really wanted 2 days but told not possible so content with 1 really, but wonder how that will work in reality as I don't know what job I'll be doing and the agreement was to be out the office when the people I support are too (they travel lots) but that may change if the people I support are different (and more in number). Don't mind them changing the day at home but just think they will ask me to come in more often than reasonable for "business reasons" so the reality of flexible working won't actually happen, especially as leaving on time when I'm in the office is far from realistic with a bigger workload.

Will explore some more but appreciate your reply.