Redundancy

[BenPenDen]

I have very recently taken voluntary redundancy. I had made my peace with it, but since actually leaving I am beginning to wonder if what happened to me is legal.

I returned to my work place part-time & my maternity cover took over my full-time role.

My employer hold me I was being considered for redundancy 9 months after I came back after maternity leave and 5 weeks after they knew I'd had a miscarriage.

Only myself & my maternity cover were place in the redundancy pool, with us having similar degrees.

It was very clear from the selection criteria that I was the one they wanted out.

Ultimately my maternity cover wouldn't job share with me and I was left with no choice. They now have a job and I don't.

Is this fair?

Presumably they wanted a ft role? If you chose not to apply I doubt they have done anything wrong. Noone is obliged to job-share, maybe they too needed a ft role.

You would normally have maternity protection for a year after returning from mat leave, which would give you protection from redundancy where others are in the pool. However, I'm not sure how this applies when you reduced your hours. If they had genuine operational reasons for needing a full time post, then arguably, they should never have agreed to letting you go part time. It doesn't seem right that an approved flexible working request should remove your maternity protection.

I am not a lawyer though, and I'm honestly not sure of the legalities in this position.

I note that you also say that you took voluntary redundancy which probably changes things as well. Was it an enhanced package or did you just not want to go through the whole process?

It sounds a though they wanted a full time person in role so the part time role was made redundant which seems fair enough. The maternity cover person is no longer your maternity cover after 9 months of being back so that original job is hers by rights now as you chose to go part time.
With this happening 9 months after you returned from maternity leave I don’t think any maternity protections would apply? don’t those only apply while you are actually on maternity leave? Happy to be corrected.

Did they pay for a solicitor to review your redundancy docs? Where I’ve been involved in redundancies (more than two in the pool though), the employer’s been legally obliged to do that.

That solicitor appointment / time is for you to discuss the legalities of what they’re trying to do to you.

edited to add that if they didn’t pay for one then forking out the £200-300 is probably worth it to get solid advice.

They don’t have to unless it involves a settlement agreement.