To not feel guilty about maternity leave colleague

[NinePumpkins]

I have been off work due to chronic illness since November of last year - actually, my cancer was diagnosed just after I started in this job about 4 years ago, so my whole employment has been blighted by my illnesses (cancer now in remission, other stuff going on). Nevertheless, I enjoy the job when I'm able to do it - it's an administrative position.

Recently, redundancy proposals were announced at my company, and in my team the other 2 administrators at the level above and below me were put at risk. My role is to be continued. I've now heard it on the grapevine that one of the others, currently on maternity leave, is annoyed about the whole situation, and frustrated that we weren't all put in a pool for redundancy?? I'm sorry she's heard the news while on mat leave and sure that it's stressful, but I'm confident I can return to my position. AIBU for not feeling guilty about it? I'm not sure when I'm going to be able to return, and am currently on unpaid sick leave, but I know things will ultimately be resolved.

I have been told by my employers that it is the case that there is no new job description! In writing from HR. The role isn't changing significantly enough for a new description, they aren't changes that would need to be consulted about.

If there is no new role, they will have a reorganization of that Department and everyone will have to apply for whatever is left. I imagine the Level 2 role will take on elements of the 1 and 3 that are being made redundant. You may have to apply for your own job... Then they will make the least valuable employees redundant. They may get the Level 3 person on a lower salary for example instead of keeping the current Level 2 person...

It is still bonkers of them to keep the role that they haven't felt the need to cover for 6 months, while removing the other two roles that they have been doing.

Because changing "ways of working" can only achieve so much.

If/when this is challenged by the woman on maternity leave it will get ripped to shreds by her employment solicitor (assuming she gets one)

Unless all this is a reverse and you are the woman on maternity leave.

I think its abundantly clear though that certain duties of the two other roles will be absorbed into your role going forward.

I'm sure they've found efficiencies somewhere which negates the need for 3 roles, but it'll fall under the commonly used JD term of "and any other duties..."

I do think you are right to look at a phased return to work OP ASAP to ensure you are in the strongest position yourself here. It's unfortunate for the other two that you happen to be in the mid-level role but if you remain on sick leave, they will very likely shortly start the capability process in order to open up your role again. Regardless of what the Union have told you, this appears to be their plan and I've seen it happen in practice.

They would have to free up your post before they could offer it to the ML colleague so they need to take you through the capability process before they can offer your role as although not present, it is still currently your role.

Good luck with everything!

I would have thought the other 2 employees would be taking advice if your role hasn’t been covered for 6 months so that their roles cover the duties of your role too

They can make you redundant in maternity leave unfortunately

Do you have confirmation from HR that your job is safe - not just that your role is continuing, but specifically that you will definitely be filling it as soon as you are able to return, whilst only the other two are looking at redundancy?

@Tessabelle74 your role can be made redundant whilst on maternity leave, but you will be made priority if some equivalent roles exist

The role might be unchanged, but I wouldn’t assume you would automatically get it because it’s your role currently, I really wouldn’t. Your workplace will look at roles, not people. Presumably the senior colleague would be able to do this role as well, and might accept the lower wage. I’m a mum and in the past things like flexible hours, easy commute etc have counted for as much as the money. I’ve taken lesser jobs near home so I could do the nursery run for example. If so, and I was in the senior colleague’s shoes I’d be strongly fighting for this.

I’m not sure your workplace has handled this very well at all in terms of communication between them and you or with colleague on ML. Save your emotions for your employer.

I would get a second opinion from a different solicitor or Acas.

This is the last thing you need, and I wish you well for your recovery.

Hmnn.

I mean this gently, but I don't think your employer has given you the full story.

Sensible employers wouldn't tell employees all of their intentions in advance - official communication tends to happen when everything is in place to do things as smoothly as possible.

Have you considered the possibility that they don't want to cause needless panic or legal issues, so they have just told you general platitudes like things will "ultimately be resolved" which of course they will (but not necessarily how you think they will.)

The fact that you are not at risk may not be the positive thing you seem to think it is because it could mean they are actually planning to manage you out on capability instead, especially since you don't actually have a return to work date.

(The only fly in the ointment would then be if you return to work before they have a chance to get through the capability process.)

If I were you, I would not waste any more energy thinking about whether or not you should feel guilty about the woman on maternity leave (empathy would be more appropriate, anyway) and far more time thinking critically about what your own situation really is and preparing accordingly.

I have put YABU as you don’t have to feel guilty but you seem to lack empathy.

im sorry you have been ill and are currently not able to work. This should not impact your ability to be understanding of other people’s circumstances.

I think your employer is walking a fine tightrope here. It’s right that it could be difficult for them to make you redundant whilst off sick; but it’s also difficult to say your job should be safe when others are being made redundant when the people losing their jobs must have been doing yours (based on you saying nobody has been brought in to cover your role).

You're right, empathy is needed. I don't mean to come across as unfeeling, but also feel hardened by misfortune sometimes.
Also, my colleague on mat leave has been off for nearly a year with no one covering her role for 5 months of that time either - so has not been slogging away, and it can be argued that her role is definitely redundant now. Lots to think about.

No, firstly your on unpaid leave with a critical illness, of course your name shouldn't be thrown into a hat for redundancy. It also sucks for her that her jobs at risk but the law doesn't allow them to make a person redundant, unless their role is no longer to continue. So she should be mad at the law not you. I hope your managing it can't be easy on unpaid leave

Thank you @Mummy2024 x

Well a person on long term sick might under the Equality Act if it was a protected disability.

@NinePumpkins has it been clarified to you that you will be returning to your role? Or have they just said the level 2 role will be retained in the new structure?

The difficulty in this situation @Tessabelle74 is that the same applies to sickness arising from the Equalities Act. To use an analogy it's like there's one priority train seat and a disabled person and a pregnant woman gets on. Who gets it? Either way, I wouldn't trust your employer - they could make a business case for redundancy in both examples.

You can make disabled people redundant and terminate their employment. Same as the woman on mat leave can be made redundant.

The laws are only there to protect against people being made redundant because of those characteristics.

Quite @StormingNorman. I was responding to the initial comment which said sicknesses weren't protected characteristics like maternity but in this case, cancer, might well be.

Her role isn’t to be continued though. The 3 roles are being combined into 1 presumably with bits cut out of as part of a restructure and the redundancies are a result of that. They have to offer one role to the maternity lady I’m pretty sure and allow fair competition for any others, except there aren’t any others (unless they will also offer other roles elsewhere in the business)

This is the confusing bit. The level one and three are going. Some aspects of those roles will be combined with the level two role, but not enough to change the job description.

As OP isn’t in the pool for redundancy and her current role isn’t being changed enough to be considered a new role, the employer cannot just offer it to the mat leave colleague. They would need to terminate the OP’s employment to make the role available.

This may all change in consultation if level one and level three colleagues get lawyers.

But, the mat leave colleague only needs to be offered a job with the same T&Cs, they don’t need to offer her a similar ie admin role. They could put her in finance for example.

Disability employment rights and maternity employment rights are not the same in a redundancy situation.

The law essentially says that those with a disability must be treated equally.

However, women on maternity leave have special protection in a redundancy situation (this also applies to those on adoption leave, shared parental leave but not paternity leave). The employer must offer someone with this redundancy protection a suitable alternative vacancy, if there is one. Anyone who has this redundancy protection has priority over other employees. This applies even if other employees are also suitable. If this does not happen, it might be automatically unfair dismissal.

Separately, the employer must have a fair process for redundancy and that includes how they select who is in the pool.

Don’t read between the lines. You have no idea this is how she feels. I’m sure she is very worried and stressed about the situation. You shouldn’t feel guilty, but you could feel some empathy for her.

This. Most work contracts state the employer can open discussions regarding termination of employment if an employee is off sick for too long.

Also, they are not paying you. Therefore, there is no financial pressure for them to make a decision.