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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think this probably means I am going to be made redundant

24 replies

knittynoodle · 20/07/2011 22:26

Which I really wouldnt mind at all really! I love being off and it would make explaining to DH that I dont want to go back!

Ive just seen on my works job page, my job. Same job desc (I know because I wrote it and it has reference to a committee which is now broken up) The only difference is that it now says 'Admin' instead of 'Senior Admin'. The pay is the same and it makes no reference to being maternity cover. I know if it were for my mat cover, it would say as the lady covering my maternity left and i saw the readvertised position that time.

Add to that my manager has just hidden her FB page from me.... Hmm

Im for the chop, I think!

OP posts:
fedupofnamechanging · 20/07/2011 22:31

See your union rep and get legal advice asap. I don't think they should be advertising your job, because the point of making someone redundant is that their job no longer exists. They can't sack you and give your job to someone else.

It doesn't sound good and even if you want to SAH, it doesn't mean your employer should get away with treating you like shit, and advertising your job before they've even spoken to you is a shitty thing to do.

fedupofnamechanging · 20/07/2011 22:32

You could have grounds for legal action because you are pg and they are not allowed to hold this against you

Original poster
knittynoodle · 20/07/2011 22:33

Its a changed job title though? The details are the same, but the job title is different. So perhaps they could say that the senior position no longer exists.

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CurrySpice · 20/07/2011 22:36

But it's the same money and job description - it's the same job!

Original poster
knittynoodle · 20/07/2011 22:39

When I went into work to visit, they said they were thinking of adding another member to the team but I honestly cant see they would have just copied and pasted MY job desc... it looks really fishy doesnt it.

Im due back in Nov.

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MsPlaced · 20/07/2011 22:43

They can't make you redundant, the position is exactly the same, the title makes no difference. If they do you have them over a barrel and can make yourself a tidy sum. Don't let them get away with screwing you over.

fedupofnamechanging · 20/07/2011 22:49

It might be that they genuinely need another person, but watch that they don't gradually squeeze you out and try to get you to leave, so it doesn't cost them anything.

CleverHans · 20/07/2011 22:49

Make a copy of the page also which has the job ad and description

Original poster
knittynoodle · 20/07/2011 22:52

The job is literally mine, two people could not both be responsible for some of the things on the list. Could they have changed my responsibilities without telling me?!

Ive emailed HR to ask.

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Catsycat · 20/07/2011 22:59

I think you're right to be up front and ask them, as you have done. If it is your job (not a daft mistake someone has made) then this is totally out of order, and you must take whatever action you can to ensure they don't get away with it!

Catsycat · 20/07/2011 23:04

Having said that, I think they are obliged to give you back an equal job / salary on your return from ML, not necessarily the exact same job (may be wrong here, but that was my understanding....). I think they are still supposed to tell you what they are up to, and reading it on a job advert doesn't count as that in my book!!! I also don't think they can make you redundant with no warning - you would have to be notified you are at risk of redundancy (if your company has more than a specific number of employees - can't remember the exact number). I did work in an HR dept for a while, and have had friends put at risk of redundancy while on ML, so not completely talking out of my backside, though possibly not entirely correct either!!!! Hope you can get it sorted.

FabbyChic · 20/07/2011 23:21

If they make you redundand they cannot replace you or have someone doing your job. It is illegal.

Original poster
knittynoodle · 21/07/2011 12:07

HR have emailed back and say they are investigating.

I think I am probably being moved to another job that fits part time hours. Nice if they had let me know though!!!

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Cocoflower · 21/07/2011 12:26

I would be highly suspcious this is a way of not giving you maternity pay?

Original poster
knittynoodle · 21/07/2011 12:51

Coco, Im already on mat leave. Due to return in Nov. So they have paid me already, Im about to go onto the unpaid portion.

Im only assuming that because they are looking for people to fill my job that I either dont have one to go back to, or they are moving me to another one!

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Original poster
knittynoodle · 21/07/2011 12:53

Perhaps (I very much doubt) they have forgotton to add the words Mat Cover to the job details. It states full time.

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Cocoflower · 21/07/2011 13:03

Ahh thought you were still working.

Surely they cannot just tell your your out of a job- you have to have warnings first surely- verbal, written etc? They can't claim reduancy if they are replacing you.

I would keep the evidence of the job advert for now. Even if you dont want to return they still need to do things fairly.

Original poster
knittynoodle · 21/07/2011 13:25

I spoke to ACAS and they have said that they dont have to tell me if they are having a reshuffle/moving people etc but it is best practise to, as to not could result in greivances from those not consulted.

Perhaps they think I'll want to go back part time and have already decided that doesnt fit the business need and have moved me somewhere else.

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Catsycat · 21/07/2011 13:53

I hope they let you know what is happening soon. They do have to give you the same pay & conditions as your old job if they change your role, AFAIK, though not much consolation if you liked your original job. I didn't think they could force you to go back part time if you were originally full time, because that would not be an equal job /salary to the one you had.

There is still the chance that it is a massive cock up. I worked in HR (briefly) and there were some outstanding blunders (not by me, clearly I am an angel Grin). Could someone be intending to advertise a different job with a similar title, and just have used the wrong job description? Believe me, this wouldn't have surprised me where I used to work, though I can't speak for your workplace!

If they are changing your role, it is very rude not to tell you what is going on. It really sickens me they way some companies treat working mothers. I do hope it all works out OK for you.

Snowgirl1 · 21/07/2011 14:21

Knittynoodle, if you're returning to work in Nov at the end of your Statutory Maternity Leave (26 weeks) you have the right to return to exactly the same job. If you're returning to work at the end of your Additional Maternity Leave (the following 26 weeks), then they can make you return to a different role (on the same terms & conditions) if your employer can show that it isn't practical for you to return to the same job you were in before you went on maternity leave. It could be that they want to recruit someone into your role and are plannning to give you a different role?

If there is an HR department where you work, I'd be surprised if they were going to make you redundant - making women on maternity leave redundant is a very risky business (if it's just one role that's being eliminated, rather than, say, closing a whole site down) as there's a risk you could make a sex discrimination claim - and discrimination claims have no cap the the compensation you could be awarded, so companies are usually very wary of this.

You mentioned that you'd been in to visit and they'd talked about recruiting an extra person - sounds to me like they've just been VERY lazy and not even bother amending the job description and just thought 'that'll do' even if it's not quite what the person will be doing.

Hope it turns out however you want it to!

Original poster
knittynoodle · 21/07/2011 14:54

Well, Ive spoken to HR in person. They have said the job is permanent but has my maternity cover in there too and their job will then change to encompass other duties once I return.

I feel a bit Hmm about that, as they have essentially employed another full time permanent person to do my job, who will then be shafted in Nov when I go back.

(ps. there was NO mention of other duties on the job spec, it was exactly the same as mine.)

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Catsycat · 21/07/2011 15:42

Oh well. At least you (sort of) got to the bottom of it, and they aren't trying to shaft you. Hopefully they will have the decency to discuss the actual role and future changes to it with candidates at interview. You can but hope...

fedupofnamechanging · 21/07/2011 16:52

That, to me sounds like they've realise they cocked up in advertising your job and have had to think quickly how to change the role they've advertised in order not to face discrimination claims from you.

Of course, they could face trouble from the new candidate, who finds themselves doing a job they didn't actually apply for.

Original poster
knittynoodle · 21/07/2011 20:47

I think the same Karma. Somethings going on and they obviously weren't expecting me to notice it on the job page.

Whoever they employ is going to be mighty cheesed off when I return and rightly so!

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