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Re-org whilst on mat leave - confirmation of rights please

(8 Posts)
Dubbs Sat 26-Sep-09 12:36:37

Hope someone can help as my stress levels are stopping me enjoying my baby time.

My company where recently taken over and the two companies are now coming together. We've been told there will be no redundancies, however where there are two people that could do a role the role will become open and advertised to anyone that wishes to apply and the best person for the job will get it.

However, my role as was will become part of a more senior role if, the person successful at that interview is based at my location. In such a scenerio my equivalent role in the other location will be created. If however, the successful applicant at the senior level is at the other location, then my role will remain unchanged - although I will still have to apply as it's now an open role.

I've checked Maternity and Parental Leave Regulations 1999 reg 10 which suggests that rather than now having to go through the interview process or be relocated in a role I don't want, that I should be offerd a suitable alternative (ie my old role back)or at least something that is agreeable to myself with the same terms and conditions. I mentioned this at my 1-1 and was told that this didn't apply as there where two people involved and this wouldn't be fair. Also that they couldn't guarantee there would be any roles at my current level (I do know of someone (a peer) who who has been "matched" to their role as apparently he was the only person in that role)

I worked 4 days a week before, and it's been made quite clear that the senior role would involve travel and oncall (the latter of which isn't possible with 2 children and partner who works shifts) I'm allowed to apply for up to 2 positions, and if unsuccessful will become part of a redeployee program along with others.

I would add that until now I've been quite sucessful at this company and have had two promotions although interestingly I was given a lesser role on my last maternity leave! I've also been asked if I'd be interested in "going technical again" which I'm not.

Any input would be really appreciated.

Many thanks

rachel2323 Sun 27-Sep-09 10:03:33

you need to seek some professional advice on this. When I had problems with returning to work after maternity leave my Union fought the case and won. If you have a union then join it - if not seek advice from a lawyer specialising in employment law. you may get first consultation free, but it will be worth the investment to protect your employment status. THEY CANNOT JUST SHAFT YOU - STAND UP FOR YOURSELF! good luck xxx

StealthPolarBear Sun 27-Sep-09 10:04:52

afaik they have to slot you in if you're on mat leave - there can't be any competitive interviewing or it's classed as sex discrimination. Hopefully fbb will be here soon or I'll do some googling and see what I can find.

StealthPolarBear Sun 27-Sep-09 10:06:38

look what google found! fbb's first post seems to agree

Dubbs Sun 27-Sep-09 11:31:15

Many thanks both. I'm already part of a union and my rep said (without knowing about the mat regs) that I was at a disadvantage as my mind is more baby focused at the moment. Also I've only worked 8 in the last 24 months (2 pregs, wasn't aware of this last time. When I look back it was shocking as I was verbally offered a position then it went to interview and I lost, my baby was only a few weeks old! not falling for it this time!

thanks again!

Dubbs Sun 27-Sep-09 12:54:20

Reading all the google stuff I'm wondering if this does apply as I'm not being made redundant, only my post has gone due to a re-org. Does this stilla apply? The competitive interviewing is the one I hope to avoid!?

StealthPolarBear Sun 27-Sep-09 13:39:57

I don't see the difference? If the post's gone because of re-org then it's being madw redundant

Dubbs Sun 27-Sep-09 17:55:26

My thoughts too, thanks!

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