I'm sure I am about to be sacked, Currently on maternity leave.

[TerraNotSoFirma]

Colleague called yesterday to find out who my secret santa was for the Christmas party, Told her I hadn't been invited.
Then this evening I got an email from the boss asking me to call tomorrow as we 'need to talk about your job'
I have a very bad feeling about all this. Can they just sack me? Just like that?

were arrangements for your part time RTW ever formally agreed?
AFAIK they have to offer you a similar role on the same T&Cs on your return after 12 months

(of course that's complicated by redundancy, but there sahould have been a pool of candidates identified for redundancy and you should have had MORE rights on mat leave)

Acas will be able to advise, please call them. I sued with no win no fee new recruit in reputable law firm.

The understanding upon leaving was that my return to work was scheduled for 2nd week in February, My intention was to email 8 weeks prior to this date to check if there was any change to hours, uniform etc

I worked part time from boss' house, just before I went on maternity leave we entered new premises and we interviewed for a full time administrative position and this person started 4 weeks before my leave began. Since then they have hired a further part time employee. To my knowledge neither of these two employees have been made redundant, just me.

The letter states... we have fully considered wether other vacancies exist within the company, not at present in a position to offer you an alternative position.

Oh Terra I'm so sorry. What an utter bastard he sounds and one who is completely ignorant of the law. You can fight this and we'll all help you. Can you tell me a few details and we'll help draft your grievance letter as that's the first step:

What is your contractual notice period?
How long have you worked there exactly (you mention two years. How many years and how many months.
How many hours per week did you work before maternity leave?
How many new staff have been taken on since you went on maternity leave?
When does the letter state you are to be made redundant?
How many people do your job?
Has there been any kind of redundancy consultation?
Do you know if anyone else has been made redundant?

Finally, do you want to go back to work there or just leave with the biggest pay-off possible? (This will help to know what approach to take).

As well as calling ACAS (who are frankly a bit hit and miss ime) you can contact CAB, EHRC (pregnancy/maternity related discrimination is part of their remit), Maternity Action are good too.

Yes Acas have been really rude to me before. I got £4000 after working somewhere for three months as I received a sexually explicit email and sexual banter in the office, I worked there 10 weeks. I complained about sexual stuff and was sacked the next day

Thanks Kate , Am absolutely gutted, We got on well so I thought and in fact the last time I saw him, He told me not to worry about my job!(17th June 2011, I made a note of the conversation at the time)

In response to your questions...
What is your contractual notice period? ONE WEEK
How long have you worked there exactly (you mention two years. How many years and how many months. OFFICIAL START DATE WAS 7TH FEB 2010, ALTHOUGH WE WORKED TOGETHER STARTING THE BUSINESS FROM NOVEMBER 2009 (UNPAID)
How many hours per week did you work before maternity leave? 24 HOURS PER WEEK OVER THREE DAYS
How many new staff have been taken on since you went on maternity leave? ONE FULL-TIME, ONE PART-TIME, NEITHER AS MATERNITY COVER.
When does the letter state you are to be made redundant? 24TH NOVEMBER GIVEN ONE WEEKS NOTICE WHICH THEY DO NOT REQUIRE ME TO WORK
How many people do your job? NOT QUITE SURE WHO IS DOING WHAT WITHIN THE OFFICE, BOTH DOING PARTS OF IT I SHOULD IMAGINE.
Has there been any kind of redundancy consultation? NONE
Do you know if anyone else has been made redundant? NOT AWARE BUT IT IS UNLIKELY

Finally, do you want to go back to work there or just leave with the biggest pay-off possible? (This will help to know what approach to take). THE LATTER, WORKING THERE WOULD BE UNBEARABLE NOW

As well as calling ACAS (who are frankly a bit hit and miss ime) you can contact CAB, EHRC (pregnancy/maternity related discrimination is part of their remit), Maternity Action are good too.

CALLED ACAS,THEY ADVISED WRITING A LETTER. THEY WERE NOT VERY HELPFUL TBH.

THANK YOU FOR YOUR HELP.

Wasn't shouting by the way, just to differentiate posts :)

Am going to phone my Dad for some tlc, wish he was nearer, need a cuddle :(

What a load of wank - sorry you are going through this, its very fishy that newer staff are keeping their jobs and you are going - don't except this.

fIGHT FIGHT FIGHT! big pay off or your job back please.

How long have you been on maternity leave for? Firstly, the grounds of redundancy sound dodgy - people can't be made redundant, roles can - so if redundancy is due to lack of business, whilst on maternity leave they'd be required to offer you the role first.

Secondly - I wouldn't be surprised if they tried to just pay you the week's notice period - however you are - in case of a real legit redundancy - entitled to all SMP, so eg if you've only been on ML for 30 weeks, they'd still have to pay you a further 9 weeks SMP.

If I were you I'd put in a grievance pdq and contact a lawyer.

Widow Funnily enough the paid part of my maternity leave ended on 9th November, This is week 42 of maternity leave if I remember correctly.

The letter states my position is being made redundant, however someone must be doing my job as the clients I looked after are still with the company IYSWIM

During a conversation with my boss (social event) I stated that business must be going well as he'd hired a further part time staff member, He replied that we had taken on X no. of new clients and were running to capacity at the moment, also stated that I shouldn't worry about my job that my job would be there for me to come back to, This was in June.

So should I get a lawyer first or send a grievance letter first? What do you think?

Sorry, just noticed that Kate already told me that the first step is send a letter.

Terra - just to say exactly the same thing happened to me. They repeatedly told me onthe phone that my job had gone, then when it got to tribunal said that it was because of my higher salary. I got 6 months full pay in a settlement.

Thanks Norma, The more I think about it the angrier I become.
Did you have to speak at the tribunal, right now I feel like I never want to see his smug lying face again.

No. My solicitor stated in docs sent to trib that we had recordings of them repeatedly lieing to me. They stood up and said inadmissible because they were not told they were being recorded. At which point they got slapped down, told that they must have confused this tribunal with a court, and that he could make what he liked admissible as it was his tribunal. Offer came shortly after that.

Oh. They didn't turn up. Just their solicitor.

Would I be required to be present at a tribunal or could just my solicitor go? Anyone know this? (In Scotland by the way, just in case that makes a difference)

I just read your thread by chance and have nothing useful to add, I am afraid. Others on here are much more knowledgeable.

But I did want to say that I was very sorry to read this news and hope that you can find another job (and flat!) very soon!

Thanks Summersoon,

Damn it, you get the idea :)

I'd get a lawyer ASAP.

Check your home insurance - some policies entitle you to legal support with stuff like this.

At the very least I would get some (free) advice from the CAB / ACAS before you respond to the letter.

Or you can call the Equalities and Human Rights Commission. They can advise you on bringing a case under the Equalities act. Which you can almost certainly do as you are being discriminated against.

It's a shame you're not in a union but there is still support out there that you can access. Don't let the bastards grind you down!

you can still join a union for this - you don't need to have been in a union when the problem started to get help now.