Hoping for some advice as feeling a bit sick about all of this.
History in brief : was employed 3 days a week at a small company, reporting directly to directors. I had a very good salary. This company was taken over by a large us company and formed a new department within it.
Whilst I was pregnant I was told that the us had decided that my role needed to be full time and that I was paid too much. I went through a horrible few months, but eventually agreed on a new, full time contract at around a 35% pay cut, with a different reporting line to the office manager. As my role was being made redundant,my contract doesn't kick in until I return from mat leave, and I have the option of taking redundancy instead (though the terms of redundancy were never clarified). I naively believed my directors that there would be a new flexible role available by the time I returned. I am due back in 7 weeks, though I'm using some accrued holiday so it's more like 4 weeks until my new contract kicks in.
I recommended the person who did my maternity cover (ex colleague) and she is fantastic. I've just found out that there has been a big restructure. My maternity leave cover has been offered a permanent position, which is basically the same role but more senior reporting straight to the director (ie my old role but full time). It hasn't been made clear yet about the role I was supposed to be returning to, but as they are so similar I'm really doubtful as to whether there are two roles, so at this stage it seems that they are not expecting me to return to the role.
I've been told about another role that they want me to consider, which should have more flexibility, but it sounds like an even greater payout and I wouldn't be able to cover my childcare costs.
I'm waiting for more clarification but I'd like to be well informed before I start having these discussions. As far as I understand, as I've been made redundant and I'm on mat leave, I'm entitled to any suitable role, so I should have been offered the role offered to my mat leave cover first? Especially as it's more similar to the role that I was made redundant from than the one I have been offered? And any role offered also shouldn't be significantly worse, so the salary decrease in the role they want me to do is not lawful? I know what they hired my mat cover on, and I also know that she will have negotiated a pay rise for the permanent role, so she will be being paid significantly more than me. I can totally understand why they want to keep her as she's great, and has been doing the role full time for a year with late nights etc which I can't do because of my children. However I feel that they have gone about this really badly, especially by getting her to call me unofficially instead of actually calling me in to speak about it?!
If anyone can help me with where I stand I'd be really grateful, as I feel like I'm being royally shafted. One of the director's that hired me has also just been screwed over so it's not just me...
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Redundancy and suitable employment in mat leave
MrsArmitagesFaithfulDog · 14/03/2014 17:35
I thought so flowery 
You actually replied to my posts when I was pregnant and at that point it seemed they could get away with the redundancy. I basically had to sign a new contract, but I have in writing that my new role doesn't start until my return, and I have 4 weeks into the role to change my mind and also accept redundancy. During this time I had legal advice and a lawyer willing to take my case on no win no fee, but I didn't really want to go through that and marr my last few weeks of pregnancy, and I genuinely hoped to be able to return as my department was great, it's the wider company with the problem.
My contract is undated as my return to work date wasn't confirmed (and I've extended my leave to 1 year). However I wonder if the fact I've signed it means I've signed my rights away? They also never told me what is be offered as redundancy, but I'd been there less than two years so I felt backed into a corner and that I needed to sign in order to have some security and to be able to make a decision on my return.
I had actually decided to return to work and have recently been discussing rtw dates with the office manger and my directors, so they knew this was the case.
I know they also wanted to keep my maternity cover, fair enough. But the fact that she was asked to call me, and tell me that they have offered her a permanent role in a position that I used to do and would much prefer to do was awful, and very awkward for her. I know they will try and get around it by saying its a new different role (which will be rubbish) so I'm not sure how many rights I have in that case anyway?
In tears now, I feel so helpless as I'm not there. I emailed the office manager (who is my line manager in the new contract I signed) saying I had the call from my mat cover, what is the new role they are talking about, what does this mean for the role I am supposed to be returning to and will I be asked to come in to discuss it?
What should my next steps be from here? Should I get lawyers involved now or wait? It's only 4 weeks until my new contract is supposed to start so if I need to use the fact I'm still on mat leave to protect me I need to move quickly
Well spoken to both ACAS and an employment lawyer through the redundancy forum, and they both have different opinions on whether this is actually discrimination, and whether I should have been informed about the role offered to my mat cover.
I'm still largely in the dark about whether the role I was supposed to return to actually exists any more as the director who called me has now also been made redundant and wasn't given any info, just asked to find out if I would be interested in an alternative role. I've said potentially yes, and asked for details but haven't been given any yet. I'm also unsure as to whether I can still opt for redundancy. I am worried that they are trying to stall until after I'm back so I'm not protected By mat cover and if I refuse the lower paid job then they may not have to pay me redundancy
One thing that does seem to be the case though is that employers can pretty much do whatever the hell they like, as when you factor in the cost of taking a case to tribunal plus having to pay legal fees regardless of outcome, it hardly seems worth it. Feeling very low
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