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advice on reapplying for job while on mat leave

(6 Posts)
bluepanda Tue 19-Aug-08 21:41:52

Just wanted to pick people's brains - was called into work for big announcement on major restructuring (am seven mths into mat leave) Basically everyone's jobs are disappearing and we all have to reapply for new 'redefined' roles ortake redundancy. Am really worried I'm at a disadvantage because I'm the only woman in my team and obviously on maternity leave. Also, I only wanted to go back part time and although I don't think I'm obliged to tell them that yet i don't know whether it would be better to be upfront throughout the application process. If they offer me a new role then turn down flexible working I may have missed out on redundancy payout? Anyone had similar experience? Any advice gratefully received - head spinning and also miffed I have to think about work stuff when am supposed to be enjoying time with DS....

flowerybeanbag Tue 19-Aug-08 21:57:40

I have to run and be very quick, but they can't make you apply for a job when you are on maternity leave. If your job is redundant, if there is anything at all that is suitable on your existing terms and conditions, you must be offered it - they can't make you compete with anyone for a job.

In terms of flexible working, I wouldn't mention it. Get yourself a job secured on your existing terms and conditions, then once the dust has settled and you have that sorted, then put in a flexible working application.

I'll try and find you a link but I'm in a real hurry.

flowerybeanbag Tue 19-Aug-08 22:00:33

Here scroll down to section on redundancy during mat leave.

bluepanda Tue 19-Aug-08 22:11:55

Thanks for that. I'll read it properly when I am thinking more straight!

bluepanda Wed 20-Aug-08 22:20:40

Flowery - thanks for the link. I have an initial meeting with my boss on Friday where I will find out more. So far no one has mentioned I may have extra rights because I'm on maternity. I assume our HRdept have a duty to tell me that? Or do I need to ask for something in writing.
I have another question if you would not mind helping me out. If I am offered and accept an alternative post and they later turn down a request for flexible hours I assume I forgo any right to redundancy pay as they have honoured their obligations. I am worried because there is a likelihood new shift patterns would include late night work and rolling rotas would make it almost impossible to sort out child care. This could force me out.

flowerybeanbag Thu 21-Aug-08 12:08:46

There is a reasonably high chance your HR don't actually know you have extra rights. It's against normal principles of employment law, which normal just ensure you have equal rights, not extra.

I only came across this piece of legislation myself when the situation arose at work once. So don't assume they know and don't get cross if they don't notify you.

If you're offered a suitable alternative post you are no longer redundant, so the redundancy question is no longer an issue at that point. If you put in a flexible working request which is denied, the fact that at some point in the past there was a potential redundancy which didn't materialise has nothing to do with it. You will be able to appeal or agree a compromise, or look for something elsewhere.

If there is a significant change in shift patterns means those with children are severely disadvantaged, that is possible indirect sex discrimination as it probably affects more women than men. I don't know what hours you work currently, but if/when you are offered a different job, make sure it actually is a suitable alternative, on no less favourable terms and conditions to those you are on currently.

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