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Redundancy during maternity leave

5 replies

candj · 24/10/2006 18:18

Hi

Is there anyone who can clarify where I stand legally on the following:

My company is in the process of merging with 3 other organisations therefore I am in a 'potential' redundancy situation.

I am on mat leave which officially ends on Christmas Eve when I start taking holidays until end of Jan. I have been asked to attend a 1-2-1 consultation meeting with my manager in the next couple of weeks - I have asked for him to come to my home as I have no-one to babysit at the moment - can he legally refuse and make me attend work for this meeting?

Also, I may have to compete for a vacancy in the new structure against 2 colleagues through a selection interview - can I refuse to attend this interview during my mat leave without compromising my position or, again, can they force me to attend an interview? My worry is that I am hardly in the right frame of mind for a job interview therefore it wouldn't be fair on me.

Any answers would be appreciated.

OP posts:
lulumama · 24/10/2006 18:20

this thread might help.my sister is at risk whilst on maternity leave too

candj · 24/10/2006 18:25

Lulumama - thanks for that. I did post on your sisters thread as I have a bit of knowledge about this but I can't find the answers on the internet to these specific problems. I will read the thread again.
x

OP posts:
lulumama · 24/10/2006 18:44

sorry...

good luck...xx

Philomena · 24/10/2006 18:56

Do you want to keep a job or would you prefer redundancy?

During maternity leave you have preferential treatment over other, non-maternity leave employees who are at risk of redundancy. It's one of the few (maybe only!) instance of positive discrimination. Basically you should not be competing against others if you are on mat leave and they aren't.

I would think that the 1 to 1 you mentioned is part of the consultation process for redundnacy - a statutory requirement.

Are you in a union? If not, try the CAB or ACAS. Alternatively, you may find that your household insurance or bank account may cover legal advice.

I'd be surprised if your manager refused to come to your home - it seems a reasonable request as you are on maternity leave but you don't really have a legal right to it. I'd suspect that in cases of redundancy they (should) be willing to act as reasonably as possible!

Good luck

candj · 25/10/2006 07:56

Philomena = thanks v much for the info. I was aware that they had to offer me a job etc. but I think they might try and get round it - the procedure they have issued says staff won't be declared officially 'at risk' until all the interviews/slotting in to the new structure has taken place and I have not got a job in the new structure - therefore I am assuming that it is at that stage (after the interviews if I am unsuccessful) they would have to offer me a job - which of course, will all have been filled in the selection process - as you can see I am very confused!

Any other advice on this situation would be greatly appreciated.

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