Bringing ML forward for redundancy protection?

[bunique]

Hi there - I'd really appreciate any advice on this as I've been doing lots and lots of reading and this has suddenly struck me as a potential problem.

I am in a team of three and we have been told they will be reducing the team by one. The hint has been that the three of us will be pooled and interviewed for two posts in a new team (our team in its current state will no longer exist). I know there is ongoing discussion on here about restructure vs reducing numbers and what this means with regard to Reg 10 so am not going to start that discussion again, but I will be raising Reg 10 with my employer!

The organisation has started a 3-month consultation on the proposals but we have been told interviews for posts will take place during this period, with a 12-week notice period beginning once the consultation ends. So the redundancy will come into force while I am on ML but the interviews could potentially take place before I go - still waiting for detail on that one.

I am due to start maternity leave in mid-December, preceded by three weeks of annual leave. I wondered if anyone could tell me if it was in my best interests to try and bring my ML forward as much as possible (bearing in mind I need to give 28 days notice to move it forward and not sure realistically how much earlier I could start it). I get the impression Reg 10 and associated "protection" for women only comes into force once we've started maternity leave - presumably I can't start quoting Reg 10 at them while pregnant but not on ML? However, if I will actually be on ML when the redundancies come into effect can I expect my employer to bear Reg 10, etc in mind while deciding the way forward?

I hope I've started to get the gist of the whole redundancy/maternity thing but am sure someone will put me right if not - any advice greatly, greatly appreciated!

Yes the extra protection only applies while you are on mat leave, but it's all about exactly when your job would be redundant and this new job would start. As long as that date is during your maternity leave, that's what matters. You don't need to already be on maternity leave when the whole thing starts.

I'd suggest writing to your employer, drawing their attention to Reg 10, stating that given your current role in your current team will be redundant, you feel one of the new vacancies in the new team would be classed as suitable and given this will take effect during your mat leave, reg 10 would therefore apply, and could they confirm how they wish to proceed.

However the problem is you say 'the hint is' that it will be new roles in a new team. You say what you've actually be told is that is reducing the team by one. If you write now saying that they are new roles in a new team therefore are suitable vacancies, they will say 'we said no such thing' and may well rejig things and alter communications to staff accordingly.

If you know it will all be while you are on mat leave you don't need to bring that forward, and in your shoes I would wait until you've actually got confirmation of what the roles are going to be, so that you are writing based on facts rather than hints.

Flowery thanks a million - I've seen your posts on similar issues and have been saving them up as ammunition! I'll stick with my original maternity dates and wait to see what the new posts are. I was also wary of bringing too much to HR's attention at this stage just in case the goalposts move so that advice was useful, thanks.