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'Unlikely to find another job here' - redundancy on maternity

5 replies

posypoo · 06/12/2011 15:45

Hi there

I wondered if someone could help me come to terms with something that happened to me while I was on maternity leave in 2010.

My maternity leave started on 1 April 2010, and would have ended on 31 March 2011, the same day that my fixed term contract was due to come to an end.

6 weeks after my baby was born, I was asked to come into the office, and my manager told me that due to widespread cuts within my organisation, my contract was not likely to be renewed. She said that as I had been at the organisation over a year, I would have re-deployment status, ie that I would be able to apply for jobs internally, with priority over candidates who did not have re-deployment status.

However, she then said 'but as you will be competing with so many other people in your position, it is unlikely that you will find another job here'.

In my postnatal haze I went away, panicked, found myself a new job and resigned.

I am still bothered by this, not least since my new employer announced it is moving to London in two years, and I am now looking for more work - and my target employer is my former employer, whose vacancies are now mostly internal ones.

I have since found the below on fixed term contracts during maternity:

"If the non-renewal of the contract is due to a redundancy situation, the employer should remember that the employee is 'entitled to be offered' any suitable alternative employment (Maternity and Parental Leave etc Regulations 1999, regulation 10(2)). This places the employee in a preferential position to others facing the same redundancy situation."

No mention was made of preferential treatment for my maternity at the time. I understand from another thread today that I should have simply been offered a suitable vacancy elsewhere in the organisation - but maybe that wouldn't apply here?

Was I treated unfairly? I know there is nothing I can do about it now but need to know for my sanity. When I tried asking for HR advice at the time, I was told to go to the manager who had said I'd be unlikely to find another job, so they were basically useless. I think I just gave up really. I just feel really annoyed about it still, and want to put it to bed.

I should say that my former employer was a large public sector organisation, and that there were many job cuts happening at the time. Part of me felt other people were more entitled to the jobs than I was, as I had not been there that long, so I admit I gave up quite easily.

OP posts:
Grevling · 07/12/2011 09:48

Were you even put on official notice of redundancy. While it's a silly thing to say (maybe she was trying to set expectations) you'll never know if you were treated unfairly as you didn't try and apply for anything by the looks of it.

I think the phrase no use crying over spilt milk is the best one to use here.

posypoo · 07/12/2011 11:59

Thanks for your reply. No, I wasn't put on official notice of redundancy, I was told my contract was unlikely to be renewed - as I understand it they would not have needed to make me officially redundant.

And no, I didn't try to apply for anything - her words put me off doing so.

Regardless of this, what I am trying to understand is whether or not a person on maternity leave, on a fixed-term contract ending on the day maternity leave ends, should ordinarily be eligible to be offered another job in a potential redundancy situation.

As mentioned, I don't intend, nor am I able, to do anything about it - I would just like to know. This all happened very quickly after my baby was born, when I was struggling with recurring mastitis, and all the other things new motherhood throws at you, and I think that understanding the situation from a legal perspective (which I had no help with or time for at the time) might help me move on.

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FoxW · 07/12/2011 12:27

If your contract would have come to an end at the end of your maternity leave and the reason it would not be renewed was not connected to your pregnancy or maternity leave then the reason for the termination of your employment would not fall within regulation 10. The reason for the termination of employment would not be redundancy, but the expiry of your fixed term contract.

However, your manager should not have put you in a position where you felt you had to resign, during your maternity leave and that conversation may have amounted to less favourable treatment of human due to your maternity leave. You should have been able to enjoy the rest of your maternity leave with the position been reviewed at the time you wanted to return to work. However, as you state you don't want to take any action in relation to that and the limitation period for any claim would have expired three months from the date of your resignation.

FoxW · 07/12/2011 12:34

sorry no idea how the word "human" got into that - it should read

"treatment of you due to your maternity leave"

posypoo · 07/12/2011 13:20

Thanks FoxW, that information has helped me get perspective.

To be honest, I don't think I'd have made a claim even if I'd known this or had the right support at the time. But it helps to know that I wasn't imagining it and that it wasn't right for my boss to put that kind of pressure on me at that time of my life.

Anyway, thanks again.

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