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Redundancy in maternity leave?

5 replies

OMaLittle · 23/09/2008 15:53

I am currently in month 7 of OML. Owing to well-documented events in world markets, my employer could make a pretty convincing case for my specific role to have disappeared over the past 7 months. Can they make me redundant whilst I am off?

I know they are obliged to give me my exact job back (if it still exists?) if I go back during OML (9 months), and a job on no worse terms and conditions if I go back during/at the end of AML.

I don't really want to go back to my original role, or indeed to my employer, but would be very keen to get redundancy as I have been there 8 years and would get a good package and some restricted stock.

If I suggest to my employer that they make me redundant, surely they will just take the chance that if they keep me employed I won't come back, and this will cost them less? OR is it worth doing that?

Sorry if this is a bit muddled!

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hanaflower · 23/09/2008 15:55

This reply has been deleted

Message withdrawn at poster's request.

OMaLittle · 23/09/2008 16:02

Cool, thanks! So I should wait for them to mention redundancy? I might want to go back if what they offer me is much less stressful than my prior job.

(I think you are pregnant and nearly due from vague memory of a prior thread - good luck!)

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flowerybeanbag · 23/09/2008 16:02

They can make you redundant but only if there is no other suitable job available for you anywhere. You get special protection during maternity leave and can't be made to compete with anyone else for a role, so they are unlikely to make you redundant unless absolutely necessary, both for their own legal protection and also to save money.

If they think there is a chance you won't want to come back anyway they are very unlikely to make you redundant. Continue as if you are very keen to go back and if nothing happens you can resign giving your notice period if necessary.

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OMaLittle · 23/09/2008 16:12

Thanks. I definitely won't mention it, then. Just hope they offer me a much easier, less stressful job on the same salary!

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RambleOn · 23/09/2008 16:22

They can offer you voluntary redundancy on compulsery terms.

You could go in to show off the baby, and chat about how you'd like to leave, but couldn't afford to without a redundancy package.

Also, it wouldn't hurt to mention that you are thinking about having another baby pretty soon. It worked for me

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