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On mat leave, job was made redundant, employer hasn't bothered telling me yet!

(6 Posts)
loisstella Wed 17-Sep-08 22:01:59

help!
My job has been made redundant about 6 weeks ago. My 'manager' (waste of space) hasn't advised me of this yet whilst I am due back in the office in 3 weeks! They have found me an alternative role. But its really not a job I feel happy doing. And who decides anyway whether its a 'suitable' replacement role? It may be similar in responsibilities and salary but it means reporting to the stupid woman even more and just a completely uninspired job, and actually something I did 3 years ago so as far as personal development and motivation is concerned a real dead pan.

I'm waiting for them to tell me what's what but actually wouldn't mind being made redundant.
Anyone got any tips? Are they wrong for not telling me? Can I use this in bargaining for redundancy?

flowerybeanbag Thu 18-Sep-08 09:18:28

loisstella if you haven't been notified how do you know about the new role you will be returning to? Has someone been leaking information?

Yes they should be communicating with you if they haven't done so, absolutely. Not sure how you could use this for 'bargaining' though. What you are entitled to end up with is a suitable role, and it sounds as though you will. Yes they should follow an appropriate process but if the end result is as it should be you don't have much of anything to bargain with as you haven't ended up in a worse position because they didn't do it 'right'.

If you are on maternity leave, which I assume you are, they are not allowed to make you redundant unless there is no suitable alternative at all. So you are unlikely to get made redundant tbh.

Are they making redundancies generally? If you are returning to work after Additional Maternity Leave you are not entitled to come back into your old job necessarily if it's not practical to do so. This is because often in such a long time, things change in the workplace and your old job may not be available in it's old form. Is it that or is it a genuine redundancy situation where they are making people redundant, consulting with people, and just not involving you?

In terms of what a 'suitable alternative' is, it must be on no less favourable terms and conditions and be suitable and appropriate work for you to do. If the pay and other benefits are the same, but you have been made more junior, or the work is not suitable for someone of your seniority, you could claim that it's not a suitable alternative. So that is a possibility. But your argument would be that they must find you an alternative which is suitable, not that they should automatically then make you redundant. If they can't find you anything which is suitable, then you should be made redundant.

Is the work you were doing previously not now being done at all?

Tbh I wouldn't just sit there and wait to be communicated with. I would ring and ask for an appointment to meet with your boss and HR or whoever else is appropriate, to dicuss your return and establish what job you will be going back to.

loisstella Thu 18-Sep-08 12:53:11

thanks flowerybeanbag. Yes, heard about job through the girl who was doing my mat cover, she has been moved to other role and asked about me and the manager confirmed I would be put in the other role.
There are a lot of redundancies happening at the moment(credit crunch) but I wouldn't be surprised if HR at the moment don't even know my role has been.... The manager in question often goes off and runs her personally most beneficial show...
The job they want me to do is essentially the same as I did 2,5 years ago, however they have given it a pretty new name... Pig and lipstick type of situation. The job was taken on by a new person about 8 months ago when they first rebranded the role.
The manager in question actually tried to persuade me then to apply for this job.... I then turned it down as I felt it would be a step back. I think she all along wanted to get rid of my role (for all sorts of personal reasons, I don't trust her for one bit). I was actually quite looking forward going back to work but am so fed up with the politics and ego's that I'd quite like to be made redundant. I am going back after 26 weeks, so I know what you're saying is right; they have to find me a suitable replacement role, which of course they will say they have done.
is it your advice that I will just have to accept this role? I think its not very correct how they have handled things and have failed to communicate any of this to me....

flowerybeanbag Thu 18-Sep-08 13:00:17

If the role is a suitable alternative, then yes you'll probably have to accept it. I do definitely think you need to be proactive and request a meeting asap including HR to discuss it though - your manager sounds a bit of a loose cannon!

If you don't consider it to be a suitable alternative, you can say so and explain why. Difficult for me to give an opinion obviously. If you say that, they will think about it and either say 'actually we do think it's suitable', if they are fairly sure it is and are prepared to risk you taking any formal action, or they might look for something else, or they might adjust the role to make it more suitable, or they might make you redundant.

It's important HR are involved, and if you don't consider the role to be suitable, you must say so. The fact that your boss has not done this by the book is wrong, but it doesn't change any of the facts. If not doing it by the book meant you lost out in some way, then you'd be able to bring formal action, but the bottom line is, however wrong she was, there would be not much point bringing any kind of complaint or action if you've ended up in the right situation anyway.

Really important that you have a discussion with your manager and HR though. If you think talking to HR first might be a good idea, do that.

loisstella Thu 18-Sep-08 22:03:45

interestingly she called and left a message today. Told me to call, there had been some changes. She also said I had been given a pay rise... Interesting! Going to call an hear her out first tomorrow if she informs me over the phone about new role I will ask to meet up next week with HR etc.
Thanks for all your advice flowery! It'll be interesting to see what next!

flowerybeanbag Thu 18-Sep-08 22:23:04

Well that sounds a bit more promising...

Do keep us updated won't you?!

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