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threat of redundancy whilst on maternity leave - help!!

45 replies

taylormama · 18/10/2006 17:31

hi - on Monday i got a letter from my line manager advising me that my post is at risk of redundancy. This is the first i have heard of it and am shocked to say the least. I have a feeling it is a sham redundancy tho' - i have no idea what my rights are except i have been told as it is a possible redundancy i have to go back to have the consultation process with them. I don't particularly want to go back to work and i think the way they have handled it has been poor to say the least - i didn't even get a phonecall just a letter. I feel that this is an unacceptable way to treat me. I am going back to work on 1 dec. I have had 6 months stat maternity leave and 1 months annual leave (i haven't taken additional maternity leave). Any advice would be greatly appreciated.

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lulumama · 18/10/2006 17:32
  • please all -advise my lovely sister......thank you....
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lulumama · 18/10/2006 17:36

bump

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northerner · 18/10/2006 17:39

Hi there. Think you should try calling ACAS (google them for their number) They offer fab free advice and will explain your rights.

FWIW I was made redundant when 6 months pregnant and as shoddy as it seems it does seem like they are following correct procedure.

Good luck

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Whizzz · 18/10/2006 17:43

If you Google 'redundancy', there is a lot of guidance & help in terms of your rights

like here

and here

best of luck

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lulumama · 18/10/2006 17:50

bump

and thanks !

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fatbetty · 18/10/2006 17:51

I saw your thread and thought I would write and let you know that something similar happened to me. When I left for my maternity leave (over 4 years ago!) I knew that rumours of redundancy were going around. I was planning on going back to work after my maternity leave was over but, like you, I didn't want to go back to work. I can't remember how I was contacted about it - I think my colleague called me to let me know that our jobs were cut. I had two friends who did employment law and they looked into my case but didn't think I could really get more out of them (ie. being treated unfairly). In the end I just took the redundancy package and was glad that it worked out like that. I could have just resigned and not got anything out of them. For me, it was the best possible outcome. I hope this helps you a bit.

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lulumama · 18/10/2006 18:02

bump


again - -tis for my lovely sister......

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lulumama · 18/10/2006 18:18

.

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lulumama · 18/10/2006 18:40

.


as fell off active convos

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candj · 18/10/2006 19:42

I am in a very similar situation as there is the threat of redundancies at my work - I am due to go back after Xmas. I also work in HR so am fairly up to date on employment law.

If there are any 'suitable alternative vacancies' (i.e. similar pay,level of authority etc.) available within the organisation they HAVE to offer them to you by law - you don't need to be interviewed (if there is more than one person who would be suitable for the job) - the person on maternity leave has to be offered it over and above everyone else.

Without knowing the full details of your situation, this may not be applicable but thought it might be useful for you to know.

I am also annoyed as I have to keep going to work for consultation meetings which I think you can refuse to do whilst on maternity leave as you cannot be forced to attend work during this time - however, I am going in as I don't want to be labelled a 'troublemaker' as I will be going back to new bosses and don't want to set off on the wrong foot.

Isn't it an awful situation to be in and to be honest, I feel it has cast a shadow over what should be a very enjoyable 6 months with my DS due to all the uncertainty.

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lulumama · 18/10/2006 19:55

.


thanks candj


and bump as falling off active convos

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StrawberryFULLMoonOWOWOWWWWWWW · 18/10/2006 19:59

this happend to me only i didnt get any form of notice..the shop was closed due to flood the day i as due to go back...no one rang..no one answered my calls!!...go to cit adv, they are used to dealing with this stuff and sorted mine out...didnt get much out of it but got was i was due if i had been there ie hols redundancy pay etc

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taylormama · 18/10/2006 20:02

thanks Lulumama -Northener have spoken with ACAS and CAB - they have advised me to return to work to see what happens during the consultation. Think it is a sham as as far as i know i am the only one who is being made redundant ... Candj - i know how you feel. I am really upset and it is ruining the last 6 weeks of my leave with my lovely baba

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lulumama · 18/10/2006 20:03

Hi TM - kept bumping for you.....

hope baby T ok....and your lovely DH.....

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EnormousChangesAtTheLastMinute · 18/10/2006 20:13

agree with candj about other vacancies - i faced similar situation. other things you might find useful which i found

  1. they can only make you redudant for a genuine reason and it must not be anything to do with your pregnancy. if there is any doubt about this you can go to a tribunal.
  2. a union comes in really handy. don't worry about joining with a problem - most will be happy to have you!
  3. if they DO make you redudant while you're on maternity leave you have to return to work to serve your notice period. eg if you and a co-worker were being made redudant and got six months notice, your six months wouldn't start until you got back to work, whereas your co-workers would start straight away. i am not sure if this is statutory or relates only to my company but it's worth checking out.


there used to be an organisation called maternity alliance which specialised in this - i think they folded during the year (!) i had this hanging over me but if you do a google search you might get pointed in direction of people who've taken over. if you get stuck shout and i'll hunt out my leaflets and do some copying for you - but hopefully cab will help.
good luck!
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ToastedTreasure · 18/10/2006 20:15

I'm not an expert apart from having been in this situation three times (not while on maternity leave though), but you should be able to find out the criteria they are using which has led them to select you for redundancy and not anyone else. While they can use quite a lot of things including number of days' sick leave (!), they definitely can't use anything which relates to your maternity leave.

Might not actually help you keep your job, but at least it might put your mind at rest as to why you're the only person.

The DTI website also has a lot of useful stuff.

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lulumama · 18/10/2006 20:37

bump


thanks guys....bumping to put back in active convo....for my lovely sister.....

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lulumama · 18/10/2006 22:29

.

any more advice ?? thank you in advance.....

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taylormama · 19/10/2006 07:47

Hi ladies - thank you all for your advice. The Maternity Alliance did shut ... shame they were a very helpful resource. I hadn't thought of contacting the DTI ... so thank you. Enormouschanges - the CAB gave me plenty of info thanks so no need to dig your leaflets out but thank you for the kind offer. I think i have to sit tight - i don't believe it is a genuine redudancy but the onus will be on be to prove it ... . Lulumama baby T divine - slept 7 - 7 last night. DH good, you all ok???

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taylormama · 19/10/2006 10:52

just bumping in case anyone else can help thanks!

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lulumama · 19/10/2006 11:47

bump





TM - maybe try a post in legal / money matters.....
Babylulu not well again...ho hum. ...

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tribpot · 19/10/2006 12:02

The Maternity Alliance website now points you to Working Families - the link is to the page on returning to work and talks specifically about redundancy if you scroll down. They say that you have special protection from redundancy whilst on leave (I thought you didn't, but hey ho). If this is the case, though, you absolutely shouldn't go back early, they may be trying to get you to do this simply to avoid the protection.

If your role is the only one being made redundant that seems highly suspicious to me.

I'd be tempted to consult an employment law solicitor if you can afford it. A letter from him/her might scare them witless.

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lulumama · 19/10/2006 12:10

.

and thank you for your replies everyone.....

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lemonAIIEEE · 19/10/2006 12:11

Well worth getting legal advice so they can help you with what to say, letters, etc. The cheapest way to get it is probably to join a union as most of them have free employment law related advice included and this is exactly the sort of thing they will deal with all the time.

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nebthenoob · 19/10/2006 12:16

Surely they can't pressurise you to go back early to take part in the consultation process? That's crazy...

I was made redundant by a top retail company whilst on mat leave with dd2 and although I do think the decision was to do with me being on mat leave I couldn't prove it - however, the one thing they did bend over backwards with was to prove that I hadn't been 'disadvantaged' by being on mat leave during the process - this meant that my boss came to see me at home (consultation involved 3 face-to-face meetings) rather than ask me to go into the office, which would have been unreasonable (and tricky, with a very noisy baby...)

This really irritates me - I reckon loads of employers get away with making those on mat leave redundant because by definition if you have a small baby it's impossible to get round to appealing against the decision / speak to lawyers etc. Grrrr.

Good luck - sorry, can't be more help as have never managed to understand the legal position...

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