Can I be made redundant in this situation?

[eclecticdreams]

I am due back to work early next year after 1 years MAT leave. Whilst pregnant I moved department as advised by Occ Health and HR as there were safety issues in my dept. This caused a breakdown in relationship with my line manager and we have not spoken since. It was major at the time and I'm sure she is angry with me about the upheaval.

So, I have just been told that I won't be going back to my original job, that there's been a restructure. (The ONLY reason I am not going back is because of the breakdown with my old boss!) This is actually a huge relief but what happens now? My job is externally funded so the job that I did when pregnant was created for me and paid by my original funding. HR are trying to find me something to do on my return funded by my original post short-term but I need to apply for other posts in the organisation. But isn't this redundancy? I asked if this was a redundancy situation and they said, well, sort of but we're a bit away from that and it's unlikely but a possibility.

Is this short-term 'job' a suitable alternative even although it's at the same salary for my return after MAT leave.

I am worried that they will make me redundant if I can't find a suitable post long-term but by then I won't have the protection of being on MAT leave. Can they make me redundant from the temporary post?

There has been a restructure in my original dept but basically my duties have been divided up between a lot of people and the only reason for this is because I had to move when pregnant.

I think HR are doing what they can with a difficult situation but is it a bit dodgy? I have been there a long time with a good track record.

Thanks for any advice, sorry it's so long!

In addition

when I asked what would happen if I got a long term job at a lower grade I was told that would be the price I had to pay for having a job!

I think that as you took additional maternity leave you are not entitled to return to the same job. Someone will be along to clarify I am sure.

Thanks hairytriangle

I'm not entitled to my old job back and that's ok.

I'm wondering whether a temporary post is a suitable alternative and if I cannot find something longterm within the organisation if they can then make me redundant from my original position. It just seems a bit odd. Also, I won't have the added protection as I'll be back from MAT leave then in the temporary position. Also the longterm position I hope to find could be at a lower salary and then that's not a 'suitable alternative' but I'll be back from MAT leave then so I'm unsure if that would still apply.

I'm not sure about making a fuss as I'm wondering if they would then just make me redundant immediately - although after what went on when I was pregnant I think they don't want to.
Thanks

You can refuse a lower-grade, lower salary job as not being a suitable alternative.

Whether a 'short term' job is a suitable alternative might depend on the length of the contract, how long you've been there already and how it compares to your previous job. (If your previous job was externally funded was that not a fixed term contract as well?)

If you want to stay I'd accept the short term job anyway, because at least that gives you some breathing space to either find something else, to hope more funding comes up or another job internally. If not, then you'd get redundancy at the end of the short term job.

if it's genuinely not a suitable alternative and you would prefer to take redundancy now, then refuse it as not being suitable.

Thanks Flowery

my original contract is for another 3 years but this short-term job (they're finding me something to do paid by my original contract) is for a few months until I find something more long-term. They haven't actually said how long it'll be for. If I don't find something suitable then I'll probably be made redundant. I don't want that as I'll only get statutory redundancy and I've been there 17 years. The thing is that it isn't really redundancy although they have covered themselves by saying it is a restructure, because if I hadn't been pregnant and subsequently had to move dept I would still be in that group/job.

By taking this temporary job am I effectively giving up my 'protection' of them having to give me a suitable job on return from MAT leave?

Thank you

It's not about giving anything up. If it's not practicable to give you back your old job you are entitled to something else suitable. Either this temporary job is suitable or it isn't. If it is then that's the job you are returning to. If it isn't you can either refuse it and get redundancy or decide to accept it anyway in the hope that it will either extend or something else will come up.

I'm not sure what you mean by it not being redundancy. If the job you did before is still there and being done by someone else then no it doesn't sound like redundancy. Is that the case?

Flowerybeanbag
I have Pm'd you with more info, hope you don't mind.
Thanks