I'm unemployed. What do I do now?

[PrincessOfWails]

I have just lost my job, as a university lecturer, under unfortunate circumstances. I have worked at academic institutions all of my life (well, obv not when I was a child!).

I am on maternity leave, and I will still be paid my maternity allowance until that ends. I think I'm on half pay until Christmas, and then just statutory maternity pay.

I'm in shock, but I need lots of advice. What do you do when this happens?

When do you sign on? What happens if I'm applying for other jobs (I will be!)? Where do I get careers advice?

What do I do for money? I live in the countryside, my DH lives in London and is back on weekends. He works - self-employed - but we have two mortgages and only one income. We have two children; DS1 has started school in the morning, in the lovely village school, and it's idyllic. DS2 is 12 weeks old. If I do not get another job in an university, things are going to get very tight indeed (an understatement!). Any jobs in this area are likely to be much lower paid than my previous job.
DS2 is down to go to nursery - but I'm not going back to work now! Ideally, I would keep up with research and publications in order to get another job, but how?

Anything - tell me anything! This all happened yesterday.

Make an appointment at the Job Centre asap and ring child tax credits too. Your DH make also now be eligible for working tax credits or an increased amount if you have lost your job.

You might not be eligible if you are still on ML but it's worth talking to them sooner rather than later - they won't backdate payments.

Can you sell one of the properties if you have to? Then you can reduce the mortgage on the other one

I'm so sorry - you must be devastated.
Aren't women on maternity leave protected from being sacked? I'm sure the HR and employment law mumsnetters will be able to provide more details.

I am going through a horrible work situation in a higher education institution, caused directly by my claim for maternity pay, made worse when HMRC backed me up. It was terribly upsetting during my pregnancy, and I'm still not happy about it, but my lovely baby just makes it all worthwhile. Having her puts everything in perspective.

If your employer is in breach of the law, then you should be OK, even if you have to fight (which is not pleasant.)

I can't see how you can be dismissed while on maternity leave (unless there is some ongoing gross misconduct type deal here). Are you sure you don't have an unfair dismissal case?

Thanks! Well, I haven't gone into any detail whatsoever, but yes, it does look like a strong case for unfair dismissal. It's a long story.
My worry is that if I don't win, then I'm stuck. But even if I do win, I still don't have a job. Plus, I'm worried about getting a bad name.
I'm in discussions with the Union. Everything is up in the air really - I veer from despair to denial. And from wanting to jump into action to get me another job, and to wait until everything is fixed at the Uni - which it may never be.

If you went to tribunal, they could order your reinstatement if they felt that your working relations hadn't broken down. Bearing in mind you are a lecturer, surely the largest part of your work is with students rather than colleagues, so it could perhaps be argued that your working conditions are salvageable.

Sorry you are in this difficult situation I was also made redundant about 9 months into my maternity leave.

I'm afraid it isn't illegal to make your redundant just because you are on maternity leave. What is illegal is to make you redundant because of your maternity leave. If there is a need for the post you are being made redundant from and some else will be doing your job then that is illegal or if you are the only person being made redundant then possibly that is also illegal.

Is your contract being extended until the end of your maternity leave if so then you should contact the Job Centre as soon as this expires so that you can claim JSA.

I also believe you should receive full pay from the time you are given notice of redundancy so even though your maternity pay is only half pay you should get full pay from now until your contract ends. This is certainly how at worked in the NHS and I received full pay for all but 2 weeks of my maternity leave because I was on notice.

It is very hard having to make decisions about work when you should be enjoying spending time with your new baby but I wish you luck and hope everything works out for you. I was fortunate enough to get a part-time job which I'm really enjoying 6 months after being made redundant so hopefully you will be fortunate too.

Ooh, now, the problem is this. My contract was running out whilst I was on mat leave (it ended yesterday). The terms of the deal I was on was that they had to advertise a job I could apply for - they did. However, it seems that there was some fallout with my head of dept. He made no complaints whatsoever to me, had no meetings to discuss issues, did not try to arrange meetings or anything. However, in the interview - so just me, no shortlist, just me to see whether I met the criteria for the job I had just done - he made many allegations against me, including producing an examiner's report which claimed I had completely cocked up a course. (Only 1 course, mind; all of my other teaching was spotless.) It was a 3 hour interview.
The result was that I didn't get the job. The reasoning was that I am a good academic, I 'show academic flair', but not subject-specific enough for that department - they recommended I would be happier in another department, naming that dept! (I have applied for jobs in this other dept but not been successful - and HoD knows that. I'm interdisciplinary, and can't really reveal more without completely outing myself.) Incidentally - it is true, I would be far better in that other dept. But it's not helpful - I'm not in the other dept, there are no opportunities there currently, so I'm out of a job.

According to the law, if a woman is on mat leave, is made redundant and there are suitable alternative vacancies available to her and she is not given them, then it is immediately unfair dismissal. This was my second redeployment interview - I had one for a dept where I worked for 2 years before I moved to my current dept (crap - most recent previous dept ) where I was for 3 years. It's whether it can be argued that either dept was 'suitable'.

And it's a much longer story than that, believe it or not...there's still the issue of being seemingly driven out by my HoD!

Questions:

a) how long have you been at this place
b) Were you made redundant or sacked?
c) Have they paid you any redundancy payment

You're right that if jobs exist and you're pregnant they have to offer you a suitable post - however as you're on a fixed term contract that may overrule it as the whole point of fixed term contracts is that they are there to end the employment of staff at a specific point.

Been there 5 years, so I'm over the 4 year mark where they have to find you permanent employment if at all possible. (That's a whole other saga.)
Redundant, definitely not sacked.
Not been paid any redundancy.

According to the stuff DH and I have read (DH is a barrister, but not in employment law) the fixed-term contract stuff doesn't seem fully relevant, particularly as the institution has a duty to me as I'm over the 4 year point. I'm not entirely clear but after 4 years, even if you're on a short-term contract, you're allowed to have your contract shifted to a permanent one, no matter what, but this hasn't happened for me for various reasons - the main one being that my HoD didn't want me (it seems).

Here is some useful bit.

"Ooh, now, the problem is this. My contract was running out whilst I was on mat leave (it ended yesterday). The terms of the deal I was on was that they had to advertise a job I could apply for - they did. "

If your post became redundant, and there was an equivalent job available, you shouldn't have had to apply for it.

The Higher Education sector relies heavily (for the delivery of teaching) on supposedly casual workers and people on fixed-term and zero hours contracts. So many universities seem to think that they can get away with paying lip service to employment law, and woe betide anyone who challenges them. It's so awful. My thoughts are with you.

Benefits wise (I'm not so good on employement law - sorry)

Get yourself over to www.entitledto.co.uk - you can run a benefits check to see what, if anything, you could claim. Try it with a few different situations, so you can work out your choices.

Well you should get redundancy pay as you've been there over 2 years, fixed term contract or not.

As you've said they're meant to give you an open ended contract after 4 years unless there is a damn good reason why not.

I think that's the important thing here. Should you have an open ended contract. If you do then that job should have to be given to you as it was available. If however they're saying its right to keep you on a temp contract I think (but not 100% sure on) that the end date on that overides all else.

You need specialist advice I feel.

I know that this whole short term contract thing is a real tricky thing in HE - and they get away with it because people worry about get a bad reputation But given you being on Mat leave I think a session with a specialist employment lawyer would be very worth while ASAP

you will get JSA - 6 months - I am not sure how it works with Mat Pay though - would have thought you would sign on after smp ran out - I would imagine not much else though as you have a partner

carreer advice - the university will have a career service - which should be for staff as well - and also probably specialised services for reasearch on short term contracts
these people might be useful as well

www.vitae.ac.uk/researchers

This is really, really helpful. Thanks everyone.
Thanks for the practical advice on what to do next, but also on the advice on the situation in general. Thing is, I didn't start a thread on 'do I have a case here', but it seems that the general consensus is that there may well be one!
Hairylights - yes, that's been pointed out, shouldn't have had to apply in the first place. And then, a 3 hour 'interview' - who ever heard of that?! I was saying it was more like a court martial, but DH pointed out that there are actual guidelines for court martials...kangaroo court is his term...

That's a point - you probably have enough NI contributions to get some non means tested benefits when your maternity pay ends. It takes ages for benefits to come through though - I've waited as long as 3 months in the past - so find out asap. Usually working under 16 hours a week counts as unemployed, depending on how much you earn.

"Hairylights - yes, that's been pointed out, shouldn't have had to apply in the first place. And then, a 3 hour 'interview' - who ever heard of that?!"

Just to point out you would have had to apply for the job. They have to make you aware of it but you have to say if you're interested etc. Also they are allowed to interview you to make sure the job is suitable. Not to compare you to other candidates but to make sure that you are capable of doing the job.

i.e. if you were a piano teacher and a role came up welding then just because you were pregnant you wouldn't be automatically given the job as its not suitable. Ok, an extreme example but you get the point. Also note that just because you've done the role in the past doesn't automatically make it suitable for you in the future, it'd be a hard point to argue for them but even if the job title was the same if they'd changed any points they could argue its not suitable for you.

Hello,

You need to find a rotweiller of an employment lawyer fast. Many will work no win no fee and will give you free initial advice. My experience is that union reps and their advisors are a bit polite and weak. You should be aiming for a least a years pay maybe two and hopefully reinstatement. You can also ask them to put in as part of the settlement that it is never discussed again or in your reference etc.

Then relax and enjoy your kids and contemplate at your leisure obtaining some more niche skills/quals.

good luck.

The UCU lawyers know this area backwards - as a member (which you implied you were) they come free of charge - get onto them, bypass your union rep if they are useless.

I was made redundant after a string of fixed term contracts at the same uni and got redundancy pay - you should too.

good luck.

This is exactly what happened to me in 2004 (not academia though). I was informed that had the organisation I worked for done the same in 2011 (that is, nowadays) I would have a definite cut and dry case of constructive and unfair dismissal.

Back in 2004, I should have should have sought legal advice from the moment I received my P45 if not before. The organisation I worked for 'got away with it' (employee of DWP words, not mine) and the line manager responsible knows she did wrong. As I suspect is the case with your HoD.

The Law was not so clear on this issue back in 2004. The Law nowadays is a lot clearer and tighter. Please don't let them get away with it and please seek legal advice ASAP.

Big hugs (())

As others had said, sadly being on maternity leave does not gurantee you immunity from redundacy. Although I know from the organisations I have worked with - my background is HR, that most do try make a special effoer toavoid making people people on maternity leave redundant. On a personal level I have also been through something simliar so I have an idea of how you feel.

One piece of hopefully helpful advice I wanted to offer, again based on my own expriences when I lost my job and money was tight, was to look at savings across all of my outgoings, I discovered a company that provides one stop savings across areas such as utilities, buildling and contents and other household bills.

I know this does not get you back in the job market but I think evey little helps. Let me know if you'd like details and I will pass them onto you.

I am really sorry you must be going through hell. FWIW being practical you need to take things slowly. I know you need to find another job and waiting for the results of a tribunal or your union could be along time but you have beautiful children and a good dh by the sound of it. Firstly, do you have a colleague on the inside who can keep you informed of the modules you taught and the courses you covered. I say this as it is hard to prove your job still exists unless proof is available somebody else is doing it. If it is difficult to find lecturing work atm there are other opportunities. In the short term could you tutor from home via an agency, I had a friend who did this in similar position. I know its not as prestigious but FE and colleges offering HE courses franchised from uni's are also another option for employment. I know the latter is considered well paid in comparison to FE. I hope it works out for you and feel for you. Sorry I can't help more.What is your subject by the way as it may help others advise you better.