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Any employment lawyers- looking for some advise re mat leave and possible redundancy

(8 Posts)
Jemimapuddleduk Thu 16-Jul-15 08:32:01

Just wanting some advice re the situation I am currently facing.
I have worked for a large NW multi business retailer for 7 years after my accountancy qualification in one of the big 4. My current role is Audit manager for the largest bit of the business which I applied for and was successful in getting in the last re structure in November 2011. There is currently another re structure underway and all the managers have not been matched to roles so are having to reapply. My first point is that the job description pretty much matches what I am already doing (HR have said all the manager roles are significantly different, as assessed by an external firm, that we need to reapply).
The second point is I was in maternity from feb 2013- feb 2014. I then returned for 5 months (on 3 days a week) and went on Mat leave again from aug 2014- present. In the 5 months I returned I was not given my actual job back. Instead I covered for a long term sick manager as audit manager of corporate functions (back office processes and not as high profile or interesting as my actual job(. I was told this would be for 2 months and then I could work in my actual job for remaining 3. Unfortunately my boss left the business and I got saddled with doing the sick cover for the full 5 months.
I attended work yesterday to go to an interview skills course to prepare for my interview. My third issue is thT examples for the competency based interview need to be ideally in last 2 years (I have been off or engaged in a different bit of the business for the 5 months I retirned). We were told by HR we need a 'bank' of many examples. I currently have no access to work systems to dig out the work I was involved in over the last few years.
I was also told by my new boss and other team members that there are no part time manager roles available. My intention was to return for 3 days a week.
All in all I feel like I have been totally screwed over. I am almost certain I am facing redundancy (crap terms as they are getting rid of soany across the organisation). Is there a case here for unfair dismissal?
Apologies for the essay. Thanks for reading.

Jemimapuddleduk Thu 16-Jul-15 08:33:05

Apologies for typos. Trying to type and feed the baby.

Notbread Thu 16-Jul-15 08:39:19

I'm not an employment lawyer but have personal experience of this. I think you should be prepared for them to offer you the job on a full time basis with the intention that you won't return from mat leave. That way they don't leave themselves open to any unfair dismissal claims and they don't have to pay you any redundancy money.

flowery Thu 16-Jul-15 09:15:23

Well if others have access to systems to get work they need for the interviews you should have that too.

When does your maternity leave end? If your role is redundant while you're on maternity leave and there is a suitable alternative vacancy available, it must be offered to you.

"Suitable" means the same terms and conditions. Were you on 3 days a week before?

Jemimapuddleduk Thu 16-Jul-15 09:20:55

Thanks Notbread. Sorry you have been in a similar situation. I have checked with HR and I would still be entitled to redundancy if I am offered and refuse a ft role.
Flowery- I was ft pre maternity but came back 3 days in between mat leaves.

Jemimapuddleduk Thu 16-Jul-15 09:21:33

And mat leave ends at end of August.

mandy214 Thu 16-Jul-15 13:12:47

Did you amend your contract to 3 days?

Jemimapuddleduk Thu 16-Jul-15 13:53:07

Yes my contract was amended to 3 days.
It gets better as well. The manager positions were supposed to just be advertised and available to the audit team only and then after interview if not filled would be advertised across the business and externally. Today myself and a colleague noticed one of the jobs has been advertised externally. Our interviews aren't happening till late next week. This indicates that even before interviewing us they have decided we don't cut the mustard. Shocking and so difficult to get motivated to prepare properly for interview.

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