Asking to be made redundant instead of going down the maternity discrimination route? Advice needed!

[Poppysmummy92]

Hello!

Some back story -

I joined my employer in December 2020. In January 2021 I told my manager I was 20 weeks pregnant and after that it went VERY downhill. My manager left unexpectedly and didn’t tell anyone, so for weeks I was trying to find out what I was meant to be doing and who I was reporting to as at the time it was a 100% WFH environment so I was completely on my own. I didn’t really get any contact from anyone until March 2021 when I finally was given a stand in manager who swiftly hired my maternity cover and I went on maternity leave in April 2021. In October 2021 I had an email saying they had appointed a new manager and he would be in touch but I didn’t hear anything. In November 2021 I emailed my contact and said could someone please contact me as I was due back in January 2022 and I had no idea who my manager was and what I was coming back too but nobody replied. In December 2021 I raised a formal complaint with HR as I genuinely believe as soon as I told my employer I was pregnant they wrote me off, and the communication since I’ve been off has been shocking.

So anyway, fast forward to today and the new manager has finally been in touch. He was prompted off the back of my grievance! He called and said he was sorry and he would look at options for my return and look into the grievance. I didn’t have any review meetings during my time at the company so I’ve never been given the opportunity to tell anyone that the job is not for me and it’s not something I want to return to and I told the new manager I wasn’t keen to return. Again, he has vanished and isn’t replying to my emails!

I get the feeling he is waiting for me to get fed up and resign. But I want some sort of compensation for the stress they put me under and their incredibly poor practice. I really want to ask them to make me redundant, but is that even possible?!

I’m just wondering if anyone had any advice on what I can do. The grievance route will be very very long winded, I work in employee relations I know the process to an extent. I just want to make it easier for everyone and leave, but not empty handed!

Any advice I’d be forever grateful this is causing me daily stress!!

I’m going to be honest here and say I think you sound like a CF. It doesn’t sound like the lack of communication (as annoying as that would be) actually has anything to do with maternity and more to do with lack of organisation.

I don’t think you’ll get anywhere with redundancy or the maternity discrimination and if the job wasn’t for you then just quit and find somewhere else.

Also why should you not leave empty handed? You’ve worked there (not including maternity) for a grand total of 5 months, what exactly do you think you’re owed?

You don't want to go back anyway so why start all this fuss. Just accept you got maternity pay for most of your 'employment' and move on.

Discrimination can be hard to prove, but they might want to enter an agreement to avoid a lengthy process which be costly for them even if they win.

You should talk to an employment lawyer, not randoms on the internet.

But I want some sort of compensation for the stress they put me under and their incredibly poor practice

As an employee relations expert, surely you want to follow best practice and resolve the situation?

This all sounds very strange to me. If the job isn't for you and you don't want to go back why were you contacting them so much when you were off?

It sounds to me like your original manager left and they struggled to replace them and have had staffing issues since and you are grabbing hold of this as an excuse for 'compensation'.

You sound grabby as fuck tbh.

I didn’t have any review meetings during my time at the company so I’ve never been given the opportunity to tell anyone that the job is not for me and it’s not something I want to return to and I told the new manager I wasn’t keen to return. Again, he has vanished and isn’t replying to my emails!

Why are you so desperate to get in touch if you had no intention of returning? This makes no sense (unless you were always after a payout)

It will hardly be worth your while asking for redundancy. The pay-out after such a short time there will be very little if anything. I think you need to be with your employer two years before you qualify for redundancy. Have you actually returned to work yet?

Woah guys chill there are thousands of examples I can give of poor practice and maternity discrimination but I’m not going to put them all on here it would be very lengthy! This is a snapshot of what’s happened

You worked there for 5 months and want compensation because they didn’t contact you enough when you were on maternity leave?

But you haven’t been discriminated against if your job is there for you to return to

@Poppysmummy92

Woah guys chill there are thousands of examples I can give of poor practice and maternity discrimination but I’m not going to put them all on here it would be very lengthy! This is a snapshot of what’s happened

I think you're going to have to give examples if you want people to understand, as so far based on the below, nothing has happened.

@Poppysmummy92

Woah guys chill there are thousands of examples I can give of poor practice and maternity discrimination but I’m not going to put them all on here it would be very lengthy! This is a snapshot of what’s happened

Why would you not put them in if you’re asking for advice on that exact situation?

YABU to ask for redundancy as there’s no indication your job is redundant. I also don’t see any evidence of maternity discrimination in what you’ve said. Probably your best route is to ask HR for a ‘without prejudice’ conversation with a view to agreeing to terminate your employment via a settlement agreement. This may be attractive to your employer as they can avoid having to go through the grievance process. However you have probably made a tactical error in telling your manager the job isn’t for you and you want to leave, HR will think they just need to wait it out until you resign.

You cannot be made redundant if your role still exists. You cant really tell them you want to leave and then expect them to offer a payout. Raise a grievance formally and take it from there. They need to ensure you return to your role

Well so far I don’t see any examples of discrimination so you might have to give some. Because at the minute it sounds like you just don’t want to go back. Do you have to pay any maternity pay back if you don’t return?

I’m not asking for legal advice, I know the legal side I am trained in HR and work on grievances for a living! I’m just asking if anyone has ever suggested redundancy without redundancies happening in the business or if anyone has any advice on maternity discrimination as it’s not an area I’m that clued up with. All of my knowledge is on bullying type cases. I am not a money grabber I just know employee rights and from my experience in the company there has been multiple occasions where they’ve preached contact.

Please save your anger my post is not worth the energy!

@Poppysmummy92

I’m not asking for legal advice, I know the legal side I am trained in HR and work on grievances for a living! I’m just asking if anyone has ever suggested redundancy without redundancies happening in the business or if anyone has any advice on maternity discrimination as it’s not an area I’m that clued up with. All of my knowledge is on bullying type cases. I am not a money grabber I just know employee rights and from my experience in the company there has been multiple occasions where they’ve preached contact.

Please save your anger my post is not worth the energy!

No one’s angry, more confused. As a PP said, don’t you have to work somewhere for a minimum of 2 years before you can be made redundant anyway? So it’s a moot point? Surely if you work in HR you’d know that?

I don't think you have worked there long enough to qualify for redundancy.

But you must know your post isn't redundant?

You cannot request redundancy because they want your role to be filled.

Oh bless you. You don't get my anger but sympathy and mild annoyance. Your post is pretty offensive to the many women who have actually suffered maternity discrimimation.

You can be made redundant at any time, it’s after 2 years your employer has to follow the proper redundancy process

@Poppysmummy92

You can be made redundant at any time, it’s after 2 years your employer has to follow the proper redundancy process

Ah okay, I don’t work in HR so don’t know the exact processes. But your role isn’t actually redundant so how can you ask for redundancy?

Start a new job, then tell them one month later you are 20 weeks pg. Go off on (presumably) paid maternity leave for 9 months and then tell them you don't want to come back. Wonder what payment they will give you for this....

They were really lucky to have you