Is this discrimination (voluntary redundancy criteria)

[hidegoseek]

I'm currently on maternity leave with DD1, due to return to work in June.

I've heard today that a voluntary redundancy exercise is being run, for which I am considering applying.

However, reading the documentation the eligability criteria state that people on maternity leave can only apply if:

..... you have a return date of 31st March 2011 or earlier, agreed before 31st December 2010.

Now I know nothing about HR law and realise that employers can probably state whichever criteria they want for a voluntary scheme, but this doesn't sit right with me as it is will only exclude women from applying.

Also, those people on long term sick are able to apply and there doesn't seem to be any mention of them needing to be back in post by 31st March.

Is there any grounds on which I could challenge this criteria as I'm not being judged on the same basis as male colleagues??

TIA

Sure someone else knows a lot more than me, but the one thing which springs to mind is that you should check the wording of your maternity leave agreement/contract (if any). Before I went on ML I signed an agreement setting out the terms of my ML - if you did too, you should check yours since it may well contain conditions re redundancy which could be applicable here (and to which you are bound since you agreed to them).

Just a thought - might be of no use at all but worth checking in case it does say something of relevance.

I would talk to them. My employer had done redundancy rounds but i was not 'on the list'. After returning to work they were unable to find a role, i was unhappy and we arranged a 'compromised exit' (on the same terms as redundancy). If you do want to leave. and they need people to leave then there is no harm in offering....

Thanks both

rocket have read through maternity leave agreement and all that says is I have to work a 1 month notice period if I resign otherwise I have to pay back maternity leave.

crispy plan on contacting them and questioning the criteria anyhow as they are looking at getting rid of a few hundred people to avoid compulsary redundancies so should think they need as many applications as possible!

Also confuses me as they did a redundancy round lasr year and I know of someone on maternity leave who went under that round so why the change??

Like me, she may have had private conversations. Rules are there to be bent. Good luck with it - best thing i ever did

Thanks crispy, am hopeful as this would be the only way I could any extended time at home with DD!

bumping for the morning crowd

What date do they propose the redundancies will take effect? Is it possible they set the criteria in those terms so that no women would be made redundant (on any terms) during their maternity leave?

The redundancies take affect by mid June (any time from April onwards I think) following discussion and agreement between the organisation and the individual.

I thought it could have something to do with the whole reundancy during maternity leave thing but as it's voluntary only staff who wanted it would apply.

Am going to question the criteria so will see what response I get from them....

I think you may be excluded as you have extra protection from being made redudant while on maternity leave. However, if you want to go and are happy to wave your legal rights maybe you should talk to your employer to see what's possible.