redundancy after maternity leave(5 Posts)
Can anyone healp with this please:
I was made redundant without consultation before going on maternity leave. On my appeal, the employer agreed to repeat the consultation when I go back to work.I think they are avoiding to make me redundant while I am on maternity leave and that's why at first they rushed it and now that they are trying to 'fix' it but will not do anything until i go back to work. i feel I can't go to the ET because I technically have got my job back following the appeal(but only until the end of my maternity leave, I suspect!)
Does anyone know if there is anything I can do about this?
The only extra protection you get from redundancy during maternity leave as opposed to before or after, is that if there is another job available that is suitable for you, it must be offered to you. If you believe your employer is trying to avoid doing this while you are on maternity leave is it because you think there is another job that should be offered to you?
Do you think your redundancy was genuine at the time? Was your appeal on the grounds that it wasn't a genuine redundancy or on the grounds that they didn't adequately consult/follow the proper procedure?
yes there was a scoring process in which I lost out. I believe they didn't follow the procedure but the reson they didn't was because they were in the rush to do it before my maternity leave started (so they wouldn't have to offer the job as another person without family who can work overtime anytime is more suitable, I believe). By offering to do everything again i.e. follow the procedure only after my maternity leave just proves that that's exactly what they were avoiding (I hope this makes sense)
That's is what I said in my appeal (they deny that was the reason and say they made a mistake)
Not sure if it was genuine redundancy. They state they needed to reduce number of roles and I can't prove otherwise as they never replaced me after I left.
I am not sure if i can go to ET as I don't know any more if I've got a job or not, it is very strange...
Billie I think you need to take more detailed advice somewhere. I assume you haven't yet? The reason I say that is because you may be able to bring a case, but it depends on a lot of information about things like timing, exactly what information you've been given, whether you are genuinely in a job at the moment, what other jobs were available when this took place and possibly are available now, all sorts of stuff that you need to explain and talk through with someone.
I don't think it's something that can be resolved here though. Can you perhaps go and see your local CAB or something? How about ringing ACAS?
what Flowery said: I think you need to get some specific advice - this situation's too complicated for a general steer on this site.
FWIW, a lot of the cases we are dealing with at the moment centre on redundancy and maternity leave. Employers either don't realise what the rules are, or think that they can do nothing if someone's on leave/is pg. Your best bet is to get specific advice on your situation.
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