Post not being back-filled when on Maternity Leave

[LostGeek]

Hi. I hope you can help. I work in a public sector organisation which is trying to make as many staffing cuts as possible. They are doing their best to avoid compulsory redundancies and have just run a voluntary scheme. They got quite a lot of applicants but not evenly across the organisation and they are now talking about redeploying staff. In these hard times, vacant posts are no longer automatically back filled. Managers must make a case to a senior management team to fill a vacancy. I believe my managers will not be allowed to back fill my post when I go on maternity leave in the Spring.

My question is, where does this leave me?

If I wasn't pregnant, they wouldn't get rid of my post so quickly. Is it legal for them to use my pregancy as a reason to leap into action?

If I come back in 6 months, do they HAVE to give me my old job back?

Thanks!

Whether or not they fill your post while you are away does not affect your position. When you return you have a right to the same job and the same terms and conditions.

You are probably the safest of all your colleges. It is illegal for them to get rid of you while on maternity leave. If your post goes you get priority over everyone else for another post (or you would in my Govt Dept).

Thank you!

I work in a similar public sector organisation where vacant posts are no longer automatically filled. Currently 4 of my collegues are pregnant - I could do all of their jobs - and I am concerned that when the axe falls, it'll me that goes first, because of what elvis just said.

Elvis overstates the case a little. An employer can make someone redundant while they are on maternity leave provided they can justify their choice. However, they cannot use maternity leave as a reason for making someone redundant.

In practise, of course, many employers will try to avoid possible tribunal claims by not making someone redundant while they are on maternity leave unless they are closing an entire section of the business down.

LostGeek, It seems to me that the word "backfill" is a word used more in the USA. Try a Google search on the word "backfill position"