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Please help!! Redundancy on maternity leave

13 replies

withorwithoutyou · 28/07/2010 14:27

I work for a government organisation, we are restructuring as a result of the coalition.

Looking at 40-50% job losses.

A new structure has been revealed today and my job isn't in it. Apparently there is a possibility we may be able to compete for other roles in the organisation.

I am currently on maternity leave - does this mean they are obliged to offer me the opportunity to compete for one of the other roles, or can I be made redunant straight out?

The other issue is that my redundancy is likely to start just under 2 weeks before I have been there 5 years and therefore I will get a much smaller package than I would had I stayed for 5 years. Is there anything I can do about this? A colleague suggested possibly appealing my redundancy in order to delay my redundancy date (not sure on the morals of this).

Also, if they give me redundancy notice does it have to be done face to face, or can it be done in writing?

Thank you.

OP posts:
porcupine11 · 28/07/2010 14:35

They have to let you compete. They will probably bend over backwards to ensure you are treated equally or you could sue for discrimination.

If you are made redundant, remember you can still claim all of your statutory maternity pay up to the 39 weeks.

Careful · 28/07/2010 14:39

As far as I understand it, if you are on maternity leave in a redundancy situation and there is another role available of suitable pay and conditions then you automatically go to the top of the queue and are offered that role, you won't have to compete for it. I think if there is no directly suitable job, e.g. if the role on offer would be a promotion from what you are doing now, then you have to compete for it.

Even if you appeal I think if your appeal fails your redundancy date is still the same.

Redundancy should ideally be done face to face but if this is causing you problems they may be happy to do it over the phone or in writing.

turkeyboots · 28/07/2010 14:52

We're in the same situation at work. Is a horrible time for the public sector.

Talk to your manager and HR team now. And your Union rep (and if you don't have one - join!!) They'll tell you what you need to know.

But the reality of it is that lots of us are going to lose our jobs. But if you are offered terms and you are thinking about taken them do it NOW. Our redundacy packages will be slashed in autumn to the legal minmimium as the lovely new Government is re-writing primary legislation to make it happen. And as lots of us are specalists of some sort, its not easy to find similiar work. Or any in this climate.

withorwithoutyou · 28/07/2010 15:33

Thanks, just joined the union. Just really pissed off about the 2 week thing really. Cant be helped i suppose.

OP posts:
Jcee · 28/07/2010 20:55

I'm in the same boat too - it's awful isn't it and not what you want to be thinking about when you should be enjoying time with your new baby.

As Turkey says join the union, they'll be able to advise and support you. I've found them invaluable so far - they've been good at raising issues which management seem to have conveniently overlooked in the rush to slash jobs at my place, like the fact I am on maternity leave and can't keep traisping into central London to attend a 20 minute 'we're not sure what's happening yet but hope to know by October' update meeting.

GhoulsRLoud · 28/07/2010 20:58

This reply has been deleted

Message withdrawn

GhoulsRLoud · 28/07/2010 20:58

Sorry, name changed to an old name to catch up with someone on another thread I ahven'[t spoken to in a while!

londonmackem · 28/07/2010 21:02

They ARE legally obliged to consult with you within the same timescale offered to everyone else. I took voluntary redundancy while on maternity leave and glad I did as compulsory packages are generally rubbish!

withorwithoutyou · 28/07/2010 21:18

What does the consultation process involve, I wonder?

I know meetings were set up today and yesterday with all staff to be told the proposed new structure and ask questions. I haven't actually been invited to any of these meetings though.

Not sure how they are going to consult with me

OP posts:
Jcee · 29/07/2010 08:13

Consultation at my place has involved a general presentation meeting setting out propsed new structure and how they plan to implement it.

This meeting has now kicksarted a 3 month consultation process for staff to then have 1:1 meetings with their manager to give feedback on the proposals and discuss how they are affected and what this means and what happens next.

At the end of our consultation period in Septempber, my organisation have said they will consider all feedback and announce how they will proceed. Bit farcial really as it's not like they will magically change the plans following feedback and potentially pointless as it will take place before we know the outcome of the spending review in October

As londonmackem says they are legally obliged to consult with you on the same timescale as everyone else so if I were you I'd contact your manager to say you are aware of the mmeetings taking place but have not been invited and ask how they plan to consult with you.

My manager only remembered to call me the afternoon before our meeting and I couldn't go as I couldn't organise any childcare in time, but we agreed how he'd keep me in the loop going forward, although to be honest much of the onus has been left to me to make sure it happens, which is where union updates have been helpful as I read them, then hassle him about it.

HTH - let us know how you get on

londonmackem · 29/07/2010 10:05

Your line manager is responsible so should have at least rang you after yesterday's meeting. i would be tempted to phone them.

withorwithoutyou · 29/07/2010 11:09

Thanks.

I'm tempted not to get in touch. If they're failing to follow procedure, I'm not going to help them out.

OP posts:
Careful · 29/07/2010 21:30

Hi withorwithoutyou, yes as others say they should be consulting with you at the same time they consult with anyone else.

As far as not helping them out goes I do understand where you're coming from but worry this might backfire on you a bit.

If you are made redundant and they've not followed procedure correctly you can take them to Employment Tribunal and maybe get compensation or reinstatement, but this is long drawn out and stressful and quite likely expensive.

I think maybe better on balance for you (or your union rep on your behalf) to make sure they clearly understand their obligations to you in the first place to lessen your chances of them choosing you for redundancy.

Best of luck with it all and I hope it all works out for you.

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