Maternity Leave and Redundancy

[samsmother]

We are currently going through a restructure at work and redundancies are happening at the end of the academic year. Even though the ball is rolling, I have been told that my job is protected until I return from maternity leave and that I won't be involved in any of the consultation period. I go on leave in 3 weeks and will probably only be able to take 6 months off work. They have given us the proposal of the new staff structure, and my current post will still exist, but all hours have been cut (3 different shifts). I'm unclear as to what I will be returning to as I don't understand how my job will be protected even though I already know my exact post (the hours) will no longer exist. Because I'm not allowed to fill in the form to express interest iny preferred post available, will they automatically put me in the one that matches my current hours the best ATM or put me anywhere and I basically like it or lump it on my return? FYI. I currently do 36 hours, there are posts available for 33 hours, 30.5 hours and 26 hours the lesser two also have a very different shift pattern to what I do now. I hope that all makes sense, I'm usually very good at understanding this type of stuff but I just can't seem to get my head around this one. TIA

If your role is made redundant while you're on maternity leave, then your employer has to offer you any suitable alternative vacancy over and above your colleagues who are being made redundant. The terms & conditions of the new job should not be substantially less favourable than your original role. If the same role exists (but with reduced hours) then it would seem that one of those roles would be the ones to be offered to you and most likely the one with the nearest hours to your current hours as it would fit the 'terms & conditions not substantially less favourable' criteria.

It's probably difficult for your employer to say with any certainty what role will be offered to you at this stage, because they can't confirm there will be any redundancies until the consultation process is complete. If they told you what role you'd be offered, then employees could argue that the consultation wasn't genuine and the decision had already been taken.

Thanks snowgirl. We know for definate there are going to be job losses, there are currently 9 of 'me' and my role and us alone is going down to 4. I guess what I am worried about is that because I'm not allowed a say I'm just going to be offered what's left and the restructuring decisions will have been made before I return. I know they can't give yes/no right now, I think that's half the problem. I need to work as I have a large mortgage and will have 2 young children and I guess I don't want to be given the 'leftovers'. I need to know I'm coming back to MY job, not to be offered just not A job. I feel so stressed by it and don't need this right now!

If I were you, I'd write to your HR dept saying you wish to express a preference to return to exactly the same role and hours, however if that isn't available you would prefer your role on 36 hours (or whichever hours you'd prefer) as you believe this is this most suitable alternative. Make sure they've got your personal email address so they can keep you updated while you're on maternity leave (and don't be afraid to contact them for an update).

Your employer should be careful to follow the law re. Redundancy and maternity leave because if they don't you will likely have a strong case to bring an employment tribunal case for sex discrimination.

Hope they offer you whichever role you'd prefer.