What constitues a "suitable alternative vacancy" under redundancy/ maternity leave law?

[busymumm]

Hello, hope someone can help!

I am on maternity leave (for 9 months) and have been told my post will be made redundant in October (consultation procedures were followed). Our team is being restructured and some of my colleagues are safe because their job will exist in new structure (they have been 'assimilated' into new team), but 7 of us will have to compete for the remaining 4 jobs.

Our company's redeployment policy is that, during the month you are 'at risk' of redundancy, you will be helped to find another job in the organisation at the same grade, or one below, getting priority for jobs over other job seekers who are not 'at risk'. However, much of my job has been incorporated into a new position a grade above my current salary, so i've been told I will have to compete with anyone else within the organisation (around 4000 people) who might want to apply for it, with those 'at risk' elsewhere in the organisation on the new post's grade or one above getting priority.

I did take all this really well, thinking that it's all part of life and can't be helped but have now found out I have other rights (being on mat leave) that I was never told about and are not mentioned in any of the HR policies - the right to be offered any other suitable vacancy.

I'm also annoyed that i'm not being sent details of internal posts that are only advertised on the organisation's intranet, which I can't get from home now i'm on maternity leave.

My main question is, would a "suitable alternative vacancy" under maternity leave rules include a job which is graded higher, which would constitute a promotion? My manager's manager confirmed, had it been graded at the same level as my current job, I would also have automatically have been 'assimilated' so it must contain at least 80% of my current responsibilities. (I took on some of my manager's work a year or so ago but never received a pay rise for it).

Thank you!

Hi

I'm sorry, I don't really have any experience of this situation, but found this on the direct.gov website, which sounds to me like they should be offering you one of the other 4 remaining positions:

If you are made redundant whilst on maternity leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be more suitable for the job. If you are offered a new job, you are still entitled to the four-week trial period, which should start when you return from maternity leave.

If you are made redundant or dismissed during your maternity leave your employer must give you a written statement explaining the reasons for their decision. You should receive your normal notice period or pay in lieu of notice and redundancy pay, if you are entitled to receive them.

I'd mention to them that as your on mat leave one of those 4 jobs should be given to you should it be suitable.

You can be made "interview" for the job but this is to find out if it is suitable and not in terms of selection against other candidates.

The job graded above if the 20% is something you can do could be seen as suitable however this doesn't mean that the company has to give you that job (i.e. you can't force them as 80% of it is your old job). They can ask you to take one graded the same (one of the 4) in preference to that job.

Over 6 months mat leave they have to find you a "suitable" job not the one you were doing.

All AFIAK :)

Thank you for information. None of the available four jobs are the same grade as my current job. The first is two grades below and a completely different job to that which i've done before, two are one grade above and similar to what I do now, and last job is much higher position for the team manager, which definitely wouldn't be suitable as I don't have the experience.

Be careful The DWP page says you can't be made redundant because you are on maternity leave, IE: being on maternity leave can not be cited as the reason of the redundancy. It doesn't say 'because you are on maternity leave, you cannot be made redundant'.

It says your employment rights are protected, ie: you have the same rights as everyone else. You don't have more rights than anyone else just because you are on maternity leave. Therefore I'd read into that that they have to consider you, along with everyone else, for all available posts which you are suitable for, if there are fewer posts available than people in the 'redundancy pool'.

although it does also say "If you are made redundant whilst on maternity leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be more suitable for the job. If you are offered a new job, you are still entitled to the four-week trial period, which should start when you return from maternity leave."

Personally I think this is a bit sick!

Hi Hairy nice to see you on here. busymumm you do have one additional right due to being on maternity leave - you get first dibbs on any vacancy you meet the minimum criteria for, and take precedence over anyone else in the selection pool, even if they are more qualified for the job. This won't help you get a job if you don't match the person specification for the role though.

Yes, you do have extra rights whilst on mat leave, but that only helps if one of the vacancies is suitable.

Also, if you are not receiving details of internal vacancies, your company needs to change its policies, as it could be discriminating against you. If you can't access the intranet, there should be a printed version sent out for people on mat leave.

Do you have a union you could consult?

I do just meet person specification for one of the jobs and was going to apply anyway but was aware I could be beaten to the job by someone in a different department in the organisation who's not at risk of redundancy, or even the person on a temporary contract to cover my maternity leave (they've been told they can apply). I mentioned this to a colleague and he said you have extra rights while on maternity leave (although there's no mention of this in any company policies) and I looked it up.

I didn't join the union as I tend to be on the side of the employer on a lot of things and don't necessarily think that I should get special rights - I suppose it could be quite awkward to get a job if there is someone else they would rather have done it.

However, i'm starting to feel like i'm at a real disadvantage which is why i've been trying to find out what my rights are. I have no idea what the internal vacancies are because I haven't been sent them. Also you're only helped to find another job within the organisation for the month you're 'at risk' - i'm at risk now - but I can't see anyone from a different team offering me a job then allowing me to start it in January when my maternity leave ends. HR told me if I was offered a job the manager should allow me to finish my maternity leave but I think it'd be easier for them to find a reason not to employ me. (This doesn't apply to the jobs within restructured team as i've already been told I could start that in January if I got it.)

Although i'd be happy to come back a bit sooner if I could get a job, I would need time to get nursery place sorted and am still fully breastfeeding at the moment.

Busymumm, you do have rights and your employer should respect them. Women on maternity leave get extra rights because of all the other disadvantages they face - like not being physically there when there is an at-risk situation to remind people how good they are, and to look for other posts. If there is a job you fancy and which you could do, then ask to be considered for it. Your mat leave should not be a factor, as any other woman doing that job could go on mat leave.

If your company does not share internal vacancies, or tell you what possibilities are open to you, they are discriminating against you and that is against the law. I suggest you speak to HR, tell them you know that they will bear in mind your mat leave position, and that you would like to know what your options are.

You could also look at the ECHR website for advice on maternity rights. Oh, and joining the union might help too.

Good luck!

Thank you for all the advice! Will look on ECHR website now.

as you are on mat leave, you get priority for redeployment. there is no legal definition of what is a suitable alternative, but they should consider retraining etc.