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.

It wouldn’t make any difference for you to feel guilty so it’s a wasted emotion.

however I’d expect empathy for her and feeling grateful and relieved for yourself. That’s how most people wouldn’t understandably feel in your shoes.

Tbh, I doubt your job will be safe. If you’ve hardly been there and other people are managing your role AND there’s the possibility of redundancy, they’re not going to get rid of more reliable employees. So I can see why there will be hard feelings.

But anyway, regardless of the rules/law, regardless of how justifiable your reasons are for absence, they will find a way.work places have some good HR advisors and they will find a way.

She has the right to be annoyed about it, but it's not for you to feel guilty about.

There is no reason for maternity leave to take priority over sick leave. Under Equality law it would be equally illegal to make someone redundant when they were off sick unless there was good evidence they wouldn't return.

@stichguru the rules have changed so maternity leave takes priority, from what I can tell
https://www.acas.org.uk/redundancy-protection-for-pregnancy-and-new-parents

What? No one is asking you to feel guilty. And to be quite honest, I can understand why your colleague is upset. Your company has apparently decided that your role, a role you say you haven't done in 6 months and no one has been covering while you've been off, is the only one worth keeping. Which is certainly a choice considering that it can't be that essential to the company if no one has been doing it for half a year... I bet your other redundant colleague, who has presumably just being doing their job because they haven't been off sick/on mat, is also quite upset about being told their job isn't an essential one.

I'd try having some empathy for your colleague. She's just had a baby and is in an emotional and vulnerable state, and has now suddenly lost her job. So now instead of focusing on her child, her family has to think about whether they can pay their bills. It's no wonder she's upset and stressed out. And I hope you're not going around your other colleagues telling them that she's trying to guilt trip you or something because you've read massively between the lines and overreacting to someone else's shitty situation. Focus on your own stuff and stop listening to and spreading gossip on who's being laid off and who's talking about who and who deserves what. Just focus on yourself. I'm glad you're in recovery, it's a rough and long road and I hope it smooths out for you soon

Where have you got that from?

Isn't there a. Ew law which means they have to offer her a job

I've created confusion. There is no new role being created. They're keeping the grade 2 job unchanged, no new job description.

But that makes no sense. So the jobs they have been doing while you've been sick are just disappearing? I'd be seriously questioning things

How come if they’re combining three jobs into one?

That someone on sick leave has to be offered another job?

I think you may be mistaken here. Pregnant women and women on maternity leave have special protection in redundancy situations - this is in the Employment Rights Act

However, while someone cannot be made redundant because they are off sick, it is possible to make someone redundant while they are off sick, provided that it is done fairly and followed the proper process etc.

It sounds like your employer could do with looking up their responsibilities. ACAS have some good advice sheets.
A person on maternity leave has the right to return to their role after leave, and if making redundancies she should be prioritised for any suitable roles, even if she’s not the most qualified person for the job. Also they ought to be keeping her informed of proposed changes- she shouldn’t be hearing about things second hand.

This way an employment tribunal lies…

I am starting to wonder if either your employer is confused or you're confused.

Because, on the face of it, it's frankly 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.

The woman on maternity leave could potentially have a field day with this.

From what I've read, you were dealt a bum hand in the cards of life.

You're now in a situation where everyone around you - except you - has been dealt another bum hand in the cards of life.

How are you supposed to feel?

Life is a great leveller.

Everyone who has offered you sympathy has done that from a perspective of caring about you, and also feeling relieved that they're not going through it, because it must be tough.

You're now looking down the other end of a telescope, because all those around you are facing severe life challenges, and concerns about whether they can pay their mortgage or pay for that holiday.

I'd say you are in a unique position to witness human behaviour at it's best and worst.

But in one sense you're protected from the front line by being on unpaid sick leave and they can't fire you or make you redundant,

I'd just show some empathy and say I have some idea of trauma you're going through.

Whether it's your health or your home, if you lose your basic security, it's a terrible time for everyone.

Could you think about this for a moment? There are 3 roles. One is grade 2, yours. Nobody has been doing yours for 6 months, with no cover. The other two have been done (possibly? Did the woman on maternity leave have cover?) the decision to retain a grade 2 role does not mean that the role remains unchanged, that would be ridiculous. Nor does it mean that it’s yours.

I would have thought they are required to give the employee on maternity leave a fair chance at the one role.

they are not managing this process well given the mixed impressions you are conveying, and perhaps not legally also.

"But in one sense you're protected from the front line by being on unpaid sick leave and they can't fire you or make you redundant,"

Completely incorrect.

Hmm, all very strange. I can't quite understand why your employer advertised and recruited for a role which sounds like, and I might be wrong hasn't been fulfilled 100% for the past 4 years. While your health has been tricky and obviously will draw sympathy in itself i suspect 4 years on and your current 6 months of continued will be drawing less, especially in the face of what looks like a taylor made redundancy that avoids you.

Honestly, as lovely as my employees are, they would all be seathing at this. However, from an employer point of view, you are at present costing them very little so not really a saving to let you go.

The fact the woman on maternity is in the pool, legally is neither here nor there - everyone can be pooled into at risk. She won't be made redundant as she is not in an active role (until she returns) to be made redundant from. That's the same with you on long term sick leave.

So the pool of who will be made redundant will be those who are slogging away covering 2 from their departments absence. No matter how genuine your reasons for being off sick are, there is going to be resentment from the one who looses their role and the ones retained.

So should you feel guilty about the woman on maternity being put at risk, no because it won't be her loosing her job.

She has protected status. If her JOB becomes redundant whilst she's on ML, she legally has to be offered a similar job. If none is available she must be offered a job that is better than she had before. (I think you have to meet the minimum requirements for it). I spent six months on Garden Leave as HR sort of knew I didn't really want to come back and neither of us looked very hard for a suitable role. I was made redundant after that six months. Do not feel sorry for your ML colleague as she will come out of this extremely well.

That’s clearly not what they are doing and any employment lawyer will be able to show it. I very much hope the woman on maternity leave gets legal advise. She has priority. You haven’t done the job for months. Your employers are trying to pull a fast one to get rid of a productive member of staff because they had a baby. You are unable to perform your role, she isn’t.

She’ll win. Your role is absorbing two other roles, and your role hasn’t been filled for 6 months with no business repercussions. Your role is redundant and a new role putting at 3 together is being created. Even if your employer won’t be upfront about it. So, when she challenges this, she’ll win.

the ‘priority’ is for a period 6 months following their return.

Well, since she is literally on maternity leave, she is pretty firmly within the priority bracket.

There isn't a combination of roles. The company has said that they literally don't need a grade 1 and 3 admin anymore, there is not enough to do, ways of work are changing etc. That's it. No new job.

You change your mind every five minutes. Of course there’s a new job, three roles are being amalgamated, that’s a new job. For some unfathomable reason you seem to think it’s got your name on it. If I were you I’d start job hunting.