31 weeks pregnant and at risk of redundancy

[OneForTheRoadThen]

Hi,

Just found out my role is at risk of redundancy. I'm not worried about whether the process is fair or not as I believe it is but wondered about any rights I might have, particularly about being automatically offered any suitable roles.
I've had a search online and most advice seems to suggest the above happens if you are already on maternity leave but not when you are still working. Could anyone advise? TIA

[PersianCatLady]

Is your employer creating new "suitable roles"?

[OneForTheRoadThen]

Yes. Basically we are being reduced from 7 roles to 6. My part time role is one that is available to apply for.

[PersianCatLady]

www.acas.org.uk/index.aspx?articleid=3983

[PersianCatLady]

Are you absolutely sure that the redundancy process is being properly carried out?

[BubblesBuddy]

You should be able to apply for any role but if you want to continue as part time your choice might be limited. They don’t have to agree to a request to make the other jobs part time if that way of working is unsuitable for the job. However you can apply for them and they cannot restrict you.

[OneForTheRoadThen]

@PersianCatLady yes I think so. All 7 of us have been put at risk of redundancy. Mine is the only part time role.

[dantdmistedious]

That sounds rather like they are trying to manage you out. If they are cost cutting they either need to save the pt wage or ft. Do you an enhanced maternity package?

[OneForTheRoadThen]

Really @dantdmistedious I don't get that impression but maybe I'm being naive! No enhanced maternity package, just statutory.

[PersianCatLady]

@PersianCatLady yes I think so. All 7 of us have been put at risk of redundancy. Mine is the only part time role
Thing is, if your role is still available after the redundancies then your role isn't redundant.

Do you see what I mean??

Here is the ACAS link on redundancy -
www.acas.org.uk/index.aspx?articleid=1611

Here is a link to information about the ACAS Helpline -
www.acas.org.uk/index.aspx?articleid=2042

If I were you, I would think about contacting ACAS to get their opinion on what is going on.

[flowery]

If you are on maternity leave and your role is redundant and there is a suitable alternative vacancy, you must be offered it.

If it's reducing the number of people in a particular type of role, as it sounds, then that wouldn't apply, as in those circumstances the remaining roles aren't 'suitable alternatives', they are the same roles. If they were getting rid of everyone's roles and creating new, different ones, that would be different.

However as you are not on maternity leave none of that matters as the extra protection doesn't apply.

You can be treated just the same as everyone else, and your pregnancy and your part time status can't be a factor in deciding whether to make you redundant.

Have they told you what selection criteria they intend to use to select one of you for redundancy?

[OneForTheRoadThen]

They are different but very similar roles. I don't want to give away too much information but basically think a field sales team and it is the territories and accounts that's are being changed around. The roles are all very similar to our existing roles just some of the new roles have been merged a bit to make one role redundant.

@flowery If I was made redundant my statutory notice period would take me into maternity leave so I wouldn't officially be redundant until maternity leave. Would that make a difference?

[OneForTheRoadThen]

Thank you @PersianCatLady I am calling ACAS now

[flowery]

"flowery If I was made redundant my statutory notice period would take me into maternity leave so I wouldn't officially be redundant until maternity leave. Would that make a difference?"

Yes it would, if there were a new alternative vacant position. For just reducing headcount of several field sales roles with the actual job staying the same just adjustments to ensure the different territories/accounts are still covered it doesn't help you.

Have they advised you of the selection criteria?

[OneForTheRoadThen]

@flowery yes they have. There are several criteria including skills, experience,qualifications, attendance, location, performance, disciplinary record etc.

It is them who are saying that the roles are new roles which is why I thought it would count.

[OneForTheRoadThen]

To elaborate. Because more than one person currently does each territory but sees different accounts in different sectors they are saying that the new roles are new as we will be seeing different clients and selling different products.

[flowery]

Ok well I was just advising based on how you described the situation.

If they have confirmed that your role is redundant, and are offering these as suitable alternative vacancies you can choose to apply for, then yes you could argue the extra protection will apply.

[Intelinside]

Flowery has given the right advice here, don't let them fob you off if there are 6 posts in the new structure, one of which is a part time role suitable for you, and you're preggo/on mat leave.

[OneForTheRoadThen]

Thanks for your advice @flowery . Sorry if I wasn't clear originally.