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Redundancy during maternity leave

6 replies

negrilbaby · 06/09/2010 09:47

I was called when my DD was 2 weeks old to be told that my post was being considered for redundancy. We are now in a consultation period.
I work for a largish company and they are looking to make approximately 40 people redundant. Within my team there will be 4 redundancies.
I work part-time (0.6) and a colleague does exactly the same job full time (although I have considerably more experience than her and am on a higher salary scale).
We have been told that there will be one post available and that we will both need to apply for it - ie fight it out!
As far as I am aware I think I have the right to be offered the post - can anyone confirm this? My query is over being able to continue working part-time. Can I insist on this?
I have a meeting with HR and my line manager this week and so would like to be clear on my rights before hand - my union rep has not been much help so far.

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Kathyjelly · 06/09/2010 18:53

If there will be one remaining role, then the company will specify if that post will be full time or not. I suggest you apply. If you get it, you then have the right to request flexible working when you return to work but they do not have to grant your request.

I don't think you have any more right to that post than your colleague, as long as you are both full employees, rather than fixed term contractors.

Check with the ACAS hotline or CAB - both free.

negrilbaby · 06/09/2010 22:26

Being on maternity leave means that I have to be offered any suitable position and I am not expected to apply for any post. Being on maternity leave means that I get preferential treatment by law. I just need to know whether I have any rights to continue part-time in the same post.

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Kathyjelly · 08/09/2010 07:28

Yes, you're right, I checked yesterday.

On the hours, I think since you are applying for a new role, it is the terms of the new role that apply. You only have the right to request flexible working. But best check with ACAS.

AmeliaJaneAgain · 08/09/2010 07:45

Hi, you're right that you have to be offered any suitable, available position, however you don't have the right to continue to work part-time, you just have a right to request that.

The thing you may need to work through with your employer is whether there are any other suitable roles that will remain in which your work pattern could be accommodated - the right to be offered another role includes any suitable position - not just the one you vacated.

HTH

Kathyjelly · 08/09/2010 08:50

Having said that, I was on maternity leave and was made redundant in preference of the sales director's wife, so while the law is there, getting companies to adhere to it is not always easy.

It took me a year to force them to compensate me, which they did two days before the tribunal hearing.

Good luck. I hope it works for you but be ready for a fight.

negrilbaby · 10/09/2010 15:01

Thanks for the replies. Had my meeting with HR on tuesday. She knew nothing about any rights I had on maternity so was going away 'to check'. I still haven't heard anything. I was told the job could be done on a job share - so fingers crossed!

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