Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

On maternity leave, risk of redundancy had to apply another job didnt get it now what to do?

9 replies

Emmz0 · 18/05/2011 19:34

Hi

On maternity leave applied for another job in department but didnt get job suspect my colleague who has the same skillset as me got it. What do I do. Do I wait to see what they offer me, get more info on why my application was not good enough ?

OP posts:
jordannarikki · 18/05/2011 19:36

Have you been put on redundancy notice? Or just at risk?

You should be offered an alternative suitable position if one is available, regardless of whether another candidate did better at interview (unless she is also on maternity leave).

I can't remember if that only comes into place once you've had your notice or your at risk letter though.

jordannarikki · 18/05/2011 19:40

Sorry, just looking for the info I used when I was in your situation, here:

Redundancy during maternity leave
Regulation 10 of the Maternity and Parental etc Regulations 1999 is a pregnant woman?s nuclear weapon if she is being dismissed by reason of redundancy while on maternity leave. In short it allows her to jump the queue to obtain any available vacancy that is suitable. It is a form of legal positive discrimination. It is such an important section that we have set it out here in full:

(1) This regulation applies where, during an employee?s ordinary or additional maternity leave period, it is not practicable by reason of redundancy for her employer to continue to employ her under her existing contract of employment.

(2) Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with paragraph (3) (and takes effect immediately on the ending of her employment under the previous contract).

(3) The new contract of employment must be such that:

(a) the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and

(b) its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.

Note this only applies to dismissals by reason of redundancy ? not dismissals for other reasons such as capability or some other substantial reason.

UrsulaBuffay · 18/05/2011 19:42

I'm sure if you are on maternity leave you should be offered a job ahead of any other colleague. Was at risk on my mat leave also (though thankfully wasn't made redundant) It sucks, my sympathies.

Emmz0 · 18/05/2011 19:43

I am potentially at risk of redundancy is what I have been told now. I will only be at risk of redundancy once I tell them by july that I dont want to relocate north. Everyone who is affected has to say by july yes or no to relocation. Oh my goodnes if this does come into play after a certain time, they have done this to favouritise a certain candidate. my manager was discouraging me from applying telling me I should go on unpaid career break!

OP posts:
jordannarikki · 18/05/2011 19:58

I'm sorry, I wanted to say, I'm sorry too.

Also, to reassure you - I was at risk of redundancy on maternity leave and WAS made redundant. But the circumstances were very unusual - the entire organisation was closed down. And it was the best thing that ever happened to me, personally, with hindsight.

UrsulaBuffay · 18/05/2011 19:59

"If you are made redundant whilst on Statutory Maternity Leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be more suitable for the job."

quoted from www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

I'd say you should have been given the job you went for.

flowery · 18/05/2011 20:04

I posted on your other thread but I see you've given more information on this one.

You are entitled to be offered a suitable alternative vacancy if/when your role is redundant. But if your role isn't redundant until July, you are not entitled to be offered something now. If at the time your current role is redundant, there is a suitable alternative available, you should be offered it. Morally is one thing but I would say legally as your role is not redundant at present your employer isn't obliged to offer roles in anticipation of potential redundancy.

UrsulaBuffay · 18/05/2011 20:08

^^ sounds right to me. They will do a lot of things to get around the letter of the law unfortunately.

Emmz0 · 18/05/2011 20:49

thanks everyone for your kind words and advice

suppose i still cant believe they got round this bet they knew. i was trying to find out information ahead of this but i guess i didnt know what information to get re i could have said no to relocation earlier which would put me at risk and applied for the job...but shouldnt they have told me this? i had read roughly the maternity law but didnt know how it would apply in my case

flowery - sorry for posting all over the place im soo stressed about my work situation not thinking straight

OP posts:
New posts on this thread. Refresh page