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Displaced on maternity leave

4 replies

Retrovibe89 · 03/04/2019 12:59

Hi all, I will try and keep this short just after some advice really.
I have just been displaced while on maternity leave (my DD is 3 months old) they have reduced 15 roles into 9 suitable alternative roles and a desktop assessment was undertaken to place people into those roles. I am under the impression from our redundancy policy that people on maternity leave should be given preference where there is a suitable alternative role? Or because they will defer my redundancy until after maternity leave does that not apply? Just wondering if it’s worth me appealing or not? Thank you

OP posts:
prh47bridge · 03/04/2019 13:28

It depends what has happened.

If the 9 roles are substantially the same as the existing roles they did not have to offer you one of these roles. However, if all 15 roles are redundant but there are 9 suitable alternatives, they are required, by law, to offer one of those roles to you even if other people being made redundant are more suitable.

Retrovibe89 · 03/04/2019 13:57

The 9 roles have different job titles and are classed as suitable alternatives not the same role. we were all placed at risk and they have just made their decision

OP posts:
prh47bridge · 03/04/2019 14:20

In that case I would contact them and say you think there must be some misunderstanding. You are sure they are aware that, under the Maternity and Parental Leave etc. Regulations 1999 regulation 10, if any suitable alternative roles are available they must be offered to you. You therefore look forward to confirmation that you are being offered one of the alternative roles. (I've assumed there are 9 identical alternative roles. If this is not the case, I would ask for confirmation that you are being offered your choice of the alternative roles).

If they do not offer you one of these roles it is likely to be unfair dismissal and maternity discrimination.

Retrovibe89 · 03/04/2019 14:44

Thank you that’s really useful

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