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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think I may be being unfairly made redundant...

135 replies

Burtiebojangles · 04/09/2020 02:49

I've posted on here before about more of my life in a shitshow, I'm not even sure I'd believe that this much crap can happen to one person - but it has, so please don't judge me, you all really helped last time. Anyway, I know there's a board for this, but I guess I'm looking for a nudge to stand up for myself rather than employment advice. Bear with me, it may be a long one.

I've been in my current job for 6 years, most of which I've been the only person doing my job. Everything was fine, then I got pregnant and I started to feel a bit pushed aside. I was told that my maternity cover would be brought in on a permanent basis as the workload was too much for one person. (It was never an issue before this point).

The day I returned to work, I was pulled into a meeting alongside my cover and told we're moving departments, got a new manager and our jobs will probably change. I only took 6 months so I was under the impression my job couldn't change. I signed a form before I left to be informed of any job vacancies within the company, I received nothing about the management role becoming available. It wouldn't have been out of reach for me, but I heard nothing until this meeting being told who my new manger was (external appointment). Also, the director and my old manager kept behind my cover and told her that this is a really good opportunity for her and they have a great future at the company. A bit strange, I thought, as we're both in the same position - why wouldn't it be said to us both?

Anyway, my job did change. I ended up doing the low-level work I'd not done since I started my career and my cover was still doing the work I had previously. After a drunken vent to my old manager, the situation got resolved, we were back to doing the same role and back under this manager. This is all just a bit of a back story.

We were furloughed in March, redundancies started not long after in which voluntary was offered to all except those who had less than two years' service, who were made redundant off the bat - except my maternity cover. I was never told my role was at risk during this period.

Not long after it was announced we'd taken on another company and redundancies were paused. Within a week, one by one, minimal staff were brought back to work on the brand launch, probably around 10 of us out of a workforce of 100. Yep, mat cover came back before me but tried to think positively that they might have been considering that I'd need to find childcare. I was given an hours notice to return to work and that month I worked around 40 hours unpaid overtime (overtime isn't a regular occurrence within the company) and the launch was a big success. Everyone got a pat on the back, it won't be forgotten etc. but we were placed back on part-time furlough to 'make the most out of the scheme' until our services are back up and running. Told this was to keep us in the loop.

Today, I've received an email to say that due to low work levels, they need to reduce staffing costs and I've been called in to discuss how this will affect me - not really sure how this can be used because we've just doubled the workload by taking on a new company. People have been asked to reduce hours in areas that aren't back up running yet (where as my area is imperative to get the company back to this point) via email so I know this is the start of the redundancy process.

The problem is, my maternity cover received an email to say she is unaffected and will return to work as normal after the furlough scheme has ended. We have the same job title, we share the same work, we have similar degrees and work experience, only I have a little more due to being slightly older, but much more experience within this company. I've never had issues with my quality of work, we don't have appraisals so nothing to go off there, it's not really a results driven role but during my time there I have numbers to my name about how I grew certain areas and increased revenue, my time-keeping is perfect, all my deadlines are met, I've been as flexible as they've needed and there is nothing to really set us apart - other than me having a child.

Not only do I feel completely screwed over after having such a big impact in saving the company with the brand launch, especially after working so much overtime, but I feel the selection process is completely unfair given someone in the same role isn't at risk. I've been singled out and I think it's because I'm a parent, the consultation process is just a face-saving exercise as their decision has clearly already been made. Their previous selection process of those new to the company are first to leave has been completely disregarded but only in my circumstance.

I want to fight it but I also feel so deflated. I've never had any problems at work so I feel completely blindsided. It was only last week I was asked to up my hours and was told there would be a package in place to covering out-of-hours work. My meeting is today but I feel sick to my stomach and can't sleep, so if you're awake, I'd love to hear if you think I should pull up my big girl pants and fight this.

I should mention my mat cover is absolutely lovely! They're backing me all the way, there's nothing sinister on her part at all.

OP posts:
pushananas · 04/09/2020 03:07

I should mention my mat cover is absolutely lovely! They're backing me all the way, there's nothing sinister on her part at all.

On the surface! You don't know what is going on behind the scenes.

Do you want to fight it? Are you in a union ?

Yarboosucks · 04/09/2020 03:12

You need to use this first meeting to find out what the criteria was for selecting who would be placed at risk (and who not). Who did it, how they did it and when it was done.

Agree to nothing at the meeting, this should be a first meeting to explain the process and the rationale.

EveryDayIsADuvetDay · 04/09/2020 03:12

You don't give much of a time line, other than you have been there 6 years - when did your maternity leave end?
was it some time ago? Mat leave doesn't give you limitless protection, although it sounds odd that someone in the same role has been told that you're not at risk.
I appreciate that it's stressful, but take the statement above, write it down including the relevant points including dates (exclude irrelevant stuff like drunken rants to a former manager) and have a chat with your union.

BritInAus · 04/09/2020 03:14

So sorry to hear this. I was made redundant whilst heavily pregnant. Sadly, I have since learned that it's not uncommon at all to use pregnancy / motherhood as a good excuse to let people go :(

Try to keep your chin up. One door closes and another opens, and all that. You know you are a good, valuable worker. Don't let whatever might happen change what you know of yourself.

Yarboosucks · 04/09/2020 03:14

I don't think that you can be taken off furlough and then returned to it either.

Yarboosucks · 04/09/2020 03:19

You need to reconcile yourself to the fact that you will probably be fighting for a better settlement and not your job. But you will be fighting none-the-less. So wear those big girl knickers tomorrow and get the facts out of them. How was the selection done, who evaluated you, when was it done and how was it done. Take notes!!! The meeting is your time, remember that.

Graciebobcat · 04/09/2020 03:31

Not an employment lawyer, but I'm pretty sure employers must let you know about promotion opportunities while on mat leave and generally it sounds like there are several counts of sex discrimination. Definitely (join and) have a chat with a union. Also Acas have lots of helpful guidance.

Burtiebojangles · 04/09/2020 03:32

Thanks, everyone. I'll try to answer everything.

I'm not in a union, part of me wants to fight it but part of me thinks it's not worth it. I've been told to try ACAS.

In terms of timeline, I returned from mat leave at the end of November 2019.

With the furlough thing, I do think they've bent the rules. For me though, I went back at the end of June so was laid off again part-time when the flexible furlough scheme started. Some people have been on and off before that, and we've been expected to monitor and act on certain whilst furloughed recently but I don't know much about the ins-and-outs of it all.

If they don't want me, I don't want them so I think I would be fighting for a bigger payout anyway.

OP posts:
Graciebobcat · 04/09/2020 03:32

I don't think that you can be taken off furlough and then returned to it either

Yes you can, if furloughed originally before 10th June.

Graciebobcat · 04/09/2020 03:34

I think you would be fighting for a good out of court settlement for sex discrimination.

Burtiebojangles · 04/09/2020 03:54

That is interesting, I never thought of it a sex discrimination thing. Our board of directors are all men, the vast majority of people in our area are men and all but one of the women being kept on are childless (and blonde Shock)

OP posts:
Marmunia1975 · 04/09/2020 04:02

Yes, fight it. I was made redundant with over 20 years of experience, then my job was given to a graduate I’d trained. She couldn’t frigging spell and didn’t know the difference in your and you’re. Decided not to sue but I did get the managing director dick sacked! Pursue and ask for their criteria etc. Set up a rival company on your own and take their business like I did.

FortunesFave · 04/09/2020 04:02

It's BLATANTLY a sex discrimination case. Take the fuckers for all they've got Burtie...don't lie down. You shouldn't have to fight but you DO have to.

Kisskiss · 04/09/2020 04:12

As pp have written, ask what the selection criteria were, who was considered in the ‘pot’ with you And how each of you were scored.
Most employment lawyers will do a free 30 min consult ( yes, even the big name ones) so that’s something worth considering doing, you just have to pick a lawyer and call and ask to discuss your situation.
Sorry you are in this spot, it sounds very biased abd you should make them sqiurm before you go

AugieMarch · 04/09/2020 04:15

Use this first meeting to clarify why you and your former maternity cover are not both being affected by the change in the same way, given you have the same job title and role. Do you work on exactly the same projects/same number of hours (in normal circumstances)? My past experience is that if 2 people have the exact some role and one role is being made redundant then there would usually be some sort of selection process to remove bias in selecting who is made redundant (in my case I had to apply for and interview for my job as two of us did the same role and one of the positions was being made redundant; I had maybe a year less experience than the other person in the role but got the job via the interview process. It wasn’t a fun experience.). In some cases the process is just based on a straight comparison of length of service, qualifications etc, but in other cases it may be that everyone in the same role has to apply for the new reduced number of roles if they wish to remain at the company.

Burtiebojangles · 04/09/2020 04:31

Hi Augie,

Yes, exactly the same work and hours. We got told that this is our workload, figure it out who does what but the work is recurrent so there's nothing that one of us does that the other doesn't.

I think this is completely biased. I'd assume that given their email of being unaffected they have no intention of putting them through any process like yours and any idea of job sharing (which is what we are doing now whilst part-time furlough) is out of the window which I just don't get. Our busiest period is January, back end of the year is when things do cool off but it's a struggle to get stuff done even now and that's while a lot of our work is on hold due to COVID. Even in my limited knowledge, it seems to me like they've got this so badly wrong. I do wonder if they thought I'd be a pushover, that makes me want to fight.

OP posts:
PurpleMonkeyDishwasher86 · 04/09/2020 05:18

I'd fight in your shoes. They're fucking you over and they shouldn't get away with it. Even if all you want is a bigger settlement, get advice to confirm you do have a case and fight for it.

WeeWelshWoman · 04/09/2020 05:25
  1. join the union. 2) do not go in to any.meetings without support, preferably union support 3) back everything up in writing and make sure you have an evidenced timeline of what has happened since going on maternity leave.
AlwaysCheddar · 04/09/2020 05:41

Definitely call Acas and your union. If you do the same job, she should be at risk to.

feesh · 04/09/2020 05:48

Is part time furlough even legal? Your company sounds shady. How did they go from making redundancies to having enough cash to buy out another company?

liveitwell · 04/09/2020 05:57

I was discriminated against for my mat cover. I let it slide at the time due to a big redundancy package but I am still bitter about it and so I definitely wouldn't let it slide. It sounds awful and definitely discrimination.

Mintjulia · 04/09/2020 05:57

Op, check your home insurance. If you ticked the family legal cover, this covers employment disputes so will cover you for all costs except the initial solicitors meeting.

Burtiebojangles · 04/09/2020 05:57

@feesh exactly. And I think they took our the government coronavirus business interruption loan. It’s pure greed.

OP posts:
Burtiebojangles · 04/09/2020 06:01

Would I have any options with a union? I take it I couldn’t join today and have someone in the meeting with me the same day? I’m really annoyed I was invited to this meeting at 4pm yesterday, it’s almost like they don’t want you to be prepared.

OP posts:
SarahBellam · 04/09/2020 06:14

Check whether your house insurance covers you for legal fees. My friend did this in your position for the same reason and they stopped the redundancy process.