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Unusual redundancy/mat leave issue

3 replies

chocolatemacadamias · 29/01/2011 15:44

Hi all,

Apologies for posting (at length) on a subject that has clearly had a lot of coverage here already. I have read lots of threads but can't see any advice that would answer my particular question and so I wonder if anyone can help with the following:

I have worked for my organisation for more than 6 years. I have been back at work (part time) following a year's maternity leave for just over a year and am about to start another period of maternity leave.

During this maternity leave my contract is due to expire. I have known that this would be the case for a while as my role has been to deliver a project that will complete while I am on leave.

I had been expecting to receive maternity pay while I was employed and then SMP after my contract ends. After which point I would no longer be employed by my company.

However my boss has told me (informally) that owing to my length of service the company is obliged to follow redunancy procedures at the end of my contract and said that although it was not yet clear exactly what this would involve, it was likely to be the offer of a lump sum or a new role.

I said that I would very strongly prefer the job and that I would be prepared to consider increasing my hours and changing my department (for want of a better word - it is a very small place!) to make this possible.

My boss said that it was unlikely that I would be offered a job as the only positions that are coming up need filling now and I will be on maternity leave for a year.

That was two weeks ago and I have since heard nothing further although recruitment for some newly created posts (some of which I would be qualified to do) is happeneing currently.

My organisation does not have an HR dept or officer (although an existing memeber of staff is apparently about to "take on" HR) and does not have a written redunancy policy. We are affiliated to a larger organisation that does have these things (and it seems historically that my organisation has followed their policies informally) but the larger organisation takes no responsibility for our employees as they are directly employed by the charity and won't help us with advice. Which all means that I have no-one to ask about how to proceed.

I feel as though I should put my preferences in writing before I start maternity leave but as I have not been formally notified of the redundancy I don't know if this is a bit odd?

Sorry to have gone on and on - if you have read it all thank you and I'll look forward to any advice!Grin

OP posts:
flowery · 29/01/2011 16:26

If your post is redundant during your maternity leave they should be sorting out an alternative at that point, if there is one. If there is a suitable vacancy available when your job is redundant, they can't not offer it to you because you happen to be still on mat leave - they should offer it to you anyway and then sort out how to cover it in the meantime.

How far into your maternity leave does your contract end?

chocolatemacadamias · 29/01/2011 17:03

Thanks for your reply, mat leave starts mid feb, contract ends at end of may.

By may all the new posts should be filled so perhaps they will have a case for not offering me a new role?

OP posts:
flowery · 29/01/2011 17:36

That's right - they only have to offer you one if there is one available at the time - there's no obligation to hold a post open for months to make sure there is one available when it's needed.

But presumably if there is one available at the time you've got no reason to think they wouldn't rather offer it to you than pay you redundancy anyway?

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