mat leave, redundancy & reg.10

[Mumpottery]

Hello

I need advice plz. can you help plz?

Problem is im on mat leave. work want to make some redundancies. at moment there r 3 of us in the pool and we do pretty much the same job. they just need 2 of us doing it now. so us 3 are applying for those 2 available jobs. can they make me apply?

I know of reg. 10 but does it count here? a mate says it doesn't because its the same job but others say that its still a vacancy, so it does.

whats the general rule here?

I seen these posts, so do they still count? so why the confusion?

www.mumsnet.com/Talk/employment_issues/717065-Another-redundancy-question

ht tp://www.mumsnet.com/Talk/employment_issues/658174-Redundancy-while-on-maternity-leave

TIA

[flowerybeanbag]

There's not a 'general rule', which is really what the problem is. The legislation isn't really specific enough in terms of what 'counts' as an available vacancy. If it was more of a restructuring and the jobs were changing, so it was deciding who gets the new jobs, then you'd have a stronger argument.

I've always been given (and given my own clients) the advice that if there is a situation where you are choosing between two suitable candidates for one job, even if the job is the same as the jobs the individuals already had, and one of the individuals is on maternity leave, then she should be offered the job.

Others take a harder view of what constitutes a 'vacancy', some saying that the job must be different in some way, and others going further and saying it literally must be a completely separate job vacancy in for example another department or whatever, nothing to do with the restructure.

So you do have an argument but it's not as clear cut as it might be. Your argument is definitely stronger as you are being asked to 'apply' for the jobs, in other words you are not just being selected for redundancy, it's more that they are selecting people for the jobs using a job application process.

I'd suggest you write to them drawing your attention to Reg 10, saying that you understand you should be offered suitable available jobs, and as the two jobs are at present available until the applications have been considered and selection has taken place, you would like their confirmation that you will be offered one of them.

Worth a try at least. They may say yes, they may say no the jobs are not vacancies, at which point you can decide whether or not you wish to take it further. As I say, the fact that they are asking people to apply certainly implies they are considering them 'vacancies' until the process is complete.

Do you think if you applied along with the others you wouldn't be successful?

[Mumpottery]

Thanx 4 that

Dunno about success if I applied. Im just as good as the others. but think its easier 4 them to keep the other 2 doing the job. im on mat leave & not there as it is, but the other 2 are there so it'll just be continuation. no start, stop and start again.

so what have they got to lose? more hassle having me back right? easier flow with the other 2.

Will try what you said thouh.

[flowerybeanbag]

Well even if you ignore reg 10, you can't be treated less favourably because of your maternity leave anyway. So if you are genuinely just as good as the others and the reason or part of the reason why you are not selected is that you are on maternity leave, that would be discrimination.

[Mumpottery]

Thanx

But what if they discriminate subconcously coz they want the others? Like fudge the numbers etc.? Cud I prove that?