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Redundancy during maternity leave

(4 Posts)
NellyG77 Tue 04-Aug-09 15:08:05

I am currently on maternity leave and have been informed that my job has been displaced and that my team will be aligned to another team. Meanwhile a few positions have been posted on the internal job board. I have approached HR that ideally as per the regulation 10 of the Maternity and Parental Leave etc Regulations 1999, any suitable alternative vacancy must be offered to me and that I don't have to apply or be interviewed for any vacancy but rather I should be offered the role in priority to my colleagues. HR confirmed the same, however was not clear about suitable alternative jobs. I do believe that there have been at least 5 jobs that could have been considered as suitable alternatives but none of them was offered to me. I applied for the same and had competency based interviews, but was unsucessful and received feedback that other candidates background and experience met more closely the requirements. I havn't raised a grievance about this yet, but I am considering whether to do so.

flowerybeanbag Tue 04-Aug-09 15:18:14

If HR confirmed that they understood and were aware of the requirement to offer suitable alternative vacancies to women on maternity leave whose positions are redundant, and there were position available and suitable which were not offered to you, then yes you should raise a grievance.

Do so in writing, pointing out the reg 10 obligation, mentioning/quoting any correspondence/conversation with HR that you've had about this, and listing those jobs that you were aware of that were available and in your opinion were suitable and were not offered to you.

To be 'suitable', a job needs to be on the same or no less favourable terms and conditions, and be 'suitable' work for your skills and experience. You don't have to be the best candidate but if the job can be considered suitable for you, it should be offered to you.

NellyG77 Thu 13-Aug-09 14:21:36

Thanks Flowerybeanbag! I've raised a grievance today - let's see what the company will come back with.

NellyG77 Thu 13-Aug-09 21:53:25

Flowerybeanbag or anyone else: Eventually my company will try to offer me a package to avoid the case to go further with a claim for sexual discrimination. Would anyone have an idea what would be an acceptable compensation? Is the compensation for any case that went to the employee tribunal known? Might be worth to get advice from a solicitor - can you recommend anyone?

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