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Possible redundancy during maternity leave

(7 Posts)
incy Tue 27-Feb-07 13:48:46

Does anyone know if my work would be able to make me redundant on the grounds that they now need a full timer (rather than a part timer).

I am a teacher and am about to go on maternity leave next month. I have been told that due to an increase in the number of courses in our department they will be covering my maternity leave with a full timer.

Jillyadoodledoo Tue 27-Feb-07 14:44:38

I am not sure. I was made redundant at the end of my maternity leave, which was not automatically unfair, but they could not show that they had applied criteria to me in the same way they had to other people. Are you in a union? Also check out ACAS . Will see if I can dig up anything else.

Jillyadoodledoo Tue 27-Feb-07 14:46:04

This is from that page on the acas website

"For example, selecting part-timers for redundancy may amount to indirect discrimination against women. In such circumstances employers must show that the selection is justifiable, for example by showing that it is not practicable to fit part-timers who are predominantly female into revised shift patterns. Selection of women for redundancy on the grounds of pregnancy will also be considered unfair.
"

edam Tue 27-Feb-07 14:48:16

Check out the Dept. Trade and Industry website - they have all the employment law and guidance. Think it's www.tiger.gov.uk but if you google DTI you should find it.

I don't see, logically, how a post can be redundant if the amount of work has increased - redundancy is when the job doesn't exist any more, not when it's grown! Surely it would be constructive dismissal if they said 'you can't come back to your job part-time, you have to go full-time if you want the work.' But I'm not a lawyer, ask DTI/ACAS/your union.

They can make you redundant while you are pregnant, but they have to follow the correct procedures (as per DTI site) and can't single you out because you are pregnant or on mat. leave or working part time. Any of those would be sex discrimination.

incy Tue 27-Feb-07 16:29:21

Thanks everyone. I will check with my union.

chocolatekimmy Tue 27-Feb-07 21:45:22

No that wouldn't be grounds for redundancy, redundancy applies if:-

The employer has ceased, or intends to cease continuing the business, or
The requirements for employees to perform work of a specific type or to conduct it at the location in which they are employed have ceased or diminished.

My maternity leave is currently being covered by a full timer but I still have the right to return to my old job on the same terms and conditions (part time) as before. If they don't allow that, it could be breach of contract and sex discrimination and if they terminate the contract it would potentially be an unfair dismissal in connection with pregnancy/childbirth, again sex discrimination. If you are treated less favourably becuase of being part time thats another issue too.

incy Thu 01-Mar-07 08:24:45

Thanks chocolatekimmy, my union says they would be on shaky ground as well.

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