Please help me understand Reg 10!!

[1980Sport]

Due to the merger of my company with another - my post has been made redundant while I am on maternity leave. I was informed that two posts were considered suitable alternative employment for me:

1. Equal in status to my current role
2. A lower status post i.e. possibly being managed by someone who previous to the merger was my equal

I was advised by email that I would be being interviewed for these two posts in two weeks time and offered two days of interview preparation classes.
I wrote back highlighting Reg 10 and that I should not have to compete for these posts but be offered one in priority to my colleagues. HR phoned me and told me that I had misinterpreted Reg 10 and that they had no obligation to find me a suitable alternative role until the final day of my employment. I still had to go through the interview process and if unsuccessful they would attempt to find me a post. I argued that at that stage there would be no suitable posts available. I was told it is not my job to decide if there is another post but theirs. However, the final structure has been confirmed and I know that there are no other suitable posts available.
The working families organisation has advised me to send a without prejudice letter and attend the interviews. I begrudge giving up three days of my maternity leave to prepare and attend these interviews when every piece of literature I have read says that you should not have to compete, apply or attend interviews. I know that I will not be at my best, my confidence is very low, I don't think I'll be able to string a sentence together and I feel at a huge disadvantage to my colleagues because the company today is not the one I left (and not very important but I've nothing to wear because nothing fits yet!)
Please help - I just don't know what to do for the best. Give the interviews my best shot, or not go???

[flowerybeanbag]

You are right and they are wrong. Clearly these new posts will start at the same time as the people being made redundant, so the decisions about posts that will be available at that point are being made now. The legislation is that the new post offered to you must start immediately your old post ends, in other words there must be no gap. Clearly to achieve that, they must be looking for a post before that date!

It's not strictly true to say you don't have to attend interviews, but an interview must be only for the purpose of seeing whether a role is in fact suitable, not for competing against colleagues. However as they have already stated that these posts are suitable, clearly that isn't the case.

I would probably attend the interviews personally. You don't have to, but if you don't, then you will definitely be made redundant and then have to appeal it and possibly bring a legal case. If you attend, you might be successful and not have to go through that. I know it's not the point, but you need to look at the end result you want, and presumably having to fight after the event isn't the ideal result for you, despite the fact that they are wrong.

[RibenaBerry]

What Flowery said !

[1980Sport]

Thanks for your help ladies
xx