Returning to work after career break with possible redundancy

[okmummy]

Hi just wonder if anyone knows the rights in regard to possible redundancy on return to work when career break period due to end.
Had a meeting in regards to returning to work after a career break which followed maternity leave. 2 and a half year break due to end shortly. Just had first meeting in regards to returning to work and been notified no position available. HR advised that they would put me in 'head to head' redundancy 'battle' against person currantly in my old position. This person was employed to cover original maternity period and retained after career break agreed. Just surprised that i was not told outright no job available and that this action being taken. So what are my rights? Anyone help?
Thanks in advance for your time.

Your still an employee and so is the other person doing your old job.

They should put you both at risk and then decide who gets the job and who is made redundant. Your maternity has nothing to do with this so you don't get any more rights.

Thank you, that helps clarify things a little more. I had not realised they would treat me as still employed. At time of agreeing career break it was written if they had a job they would accomodate me, if not i would be made redundant. So i was surprised that i still had any claim albeit in a redundancy 'head to head' for my old job.
Thanks again.

I'm surprised as well. Often with a career break the terms are that if there isn't a job they will do their best to redeploy you as per your original agreement, but you wouldn't kick out someone else who is in a job.

I would be surprised if the person doing the job currently and for the last 3 - 3.5 years would accept being kicked out for you to come back if that's what happens, especially if the terms of their contract reflected what was in your original career break agreement - ie that you would only be accommodated if there was a job.

Thanks for your comments 'flowerybeanbag'. This decision certainly threw me during discussions at work. I do feel extremely guilty putting the other person through this. I am just trying to hold tightly onto the fact that the 'company HR dept' has made this decision. I don't know how things will turn out but I have mixed feelings on this; as on one hand i worked for the company for a very long time and had hoped and hoped in the last few years that they would still be able to accomodate me. But this is definitely not the way i would like it to happen.