Redundancy-by-stealth(?) while on maternity leave, what are my rights?

[ThingTwo]

Hi,

I'm hoping that someone with some HR knowledge can help me understand what I should do in this situation where I feel like my role has been made redundant while on mat leave, and no suitable alternative offered, but company hasn't recognized this (sorry, it's a bit long):

I am currently on AML, due to return to work in June. While I've been absent my company has made significant redundancies, stopped backfilling vacancies and has undertaken a massive restructure, with the result that my function no longer exists. Some of my equivalents in other business areas were offered voluntary redundancy, but I've had no official correspondence from the firm.

I was approached by my boss via email about three weeks ago and met him for an informal chat about the new company structure. He has offered me a new role, but one which i think will require significant travel in order to do successfully, whereas my old role was almost entirely office-based. I can't take a role with significant travel because i need to do the nursery pick up every evening, and can't risk missed flights etc. making me late. (To complicate things, I can see a possibility that the firm will say that the new position could be a role with no travel, but of the 100-odd people doing this role globally, I would be the only non-traveler, and thus distinctly disadvantaged in my ability to serve clients and achieve performance targets.)

Have I effectively been made redundant? Should they offer me a redundancy package? What formal communication/meetings should I have with them to clarify all of this? (My boss is a very nice guy, but completely clueless when it comes to HR or doing things by-the-book.)

I would be quite happy to not go back to work and spend some additional time looking after my baby, but obviously any financial package (or situation where I could keep my enhanced maternity pay) would be very welcome.

Thanks in advance for your help!

[aftereight]

You should have been identified as 'at risk' alongside all the others in your function, and consulted with accordingly. They've effectively discriminated against you because you've been on mat leave.
They may well have considered you as one of the pool of 'at risk' and identified you as somebody they wanted to retain, or were too scared to include you in redundancies (ironically) because you were on mat leave and they didn't want to be accused of discrimination. But they should still have consulted with you and been transparent with the recruitment (to new positions) process.

Take a look at the ACAS website, and try to arrange a meeting with your manager and HR person and tell them what you told us, and then take it from there..

Good luck

[flowerybeanbag]

They should have consulted with you and involved you the same as everyone else was (presumably?) involved. However it doesn't actually sound as though you've lost anything tangible as a result of not being informed properly, if your function has disappeared.

Your old role is redundant, and they are offering something else instead, as they are obliged to do. I would suggest you write to your boss copying HR saying that you were very disappointed not to have been involved and informed about the proposals because you were on maternity leave. Request further details of the role that has been mentioned in order that you can consider whether this role is a suitable alternative or not.

If once you get the information you think it wouldn't be suitable (and significant travel required when you've otherwise been in the office wouldn't be suitable), you are then entitled to redundancy.