Being made redundant while on maternity leave

[MumToSophie]

I'm just looking for some advice. I am currently on maternity leave (due back the end of May) and I have received a letter with proposed changes to our branch. My company is open 24 hours a day and our letter states that they are looking to basically move most of the work to another branch so my branch would only then be open maybe 8 hours during the night. The letter said we would be informed in the next 2 - 3 weeks of what would happen.

I phoned my boss to ask about this and he pretty much said it would be happening (asked when I was meant to be returning and said that the changes would be in place by then, that I'd get redundancy pay and could use him as a reference). No offer of a chance to move to the other branch or any other job role.

Will I be paid the remainder of my maternity pay? And is this allowed to happen? I do the payroll for my branch along with 3 others so someone else will have to do my job, why am I not being offered anything? I just feel really stressed, I've never been out of work (apart from on maternity of course) and I feel quite sick thinking about it.

Sorry for the long story, I just wanted to get in all the details and would really appreciate any advice.

I think you need to take advice from an employment solicitor - under the Equalities Act 2010 women on maternity leave are protected and should automatically be offered a job where there is a redundancy process. I don't know a lot but wanted to reply. Good luck!

You will continue to get your statutory maternity pay so don't worry about that.

This is 'allowed' to happen, as in they are allowed to make business decisions during your maternity leave and make people including you redundant even if you happen to be on maternity leave at the time.

However your maternity leave cannot be a factor in the decision and if there is a suitable alternative job available, you must be offered it.

Are there jobs available not being offered to you? How have they chosen who will be redundant?

Thank you both for the advice, it's good to know I will still get my maternity pay as when I spoke to my manager he wasn't sure.

From what I've heard so far, as they will be keeping a night shift the staff who already work on this shift will be kept on and the rest of us will be going. I just found it unfair as really my job will just be given to someone else in another branch to do and I'm assuming they will need to take someone on / train them to do it. I haven't been offered anything. My boss just told me that although it hasn't yet been confirmed it will be in 2-3 weeks and we'll be given our notice then.

IO think your boss has jumped the gun by saying you will be redundant.

if you have been on maternity leave they have to offer you your job or one of a similar status.

If redundancys occured ( due to business change) they could make you redundant but only if your role has gone, this does not appear to be the case and i suspect HR will know this and you may well yet recieve an offer for the new location.

You need clarification as to what's happening to your work. If it (or something similar) will be a vacancy at another nearby location you should be offered it. The extra protection related to maternity leave involves suitable alternative on no less favourable terms and conditions, hence why it would need to be nearby.

If the location isn't nearby then you should be offered the opportunity to apply if you want to.

I expect your boss isn't particularly clued up by the sounds of things so hopefully you'll get better information shortly.

Thanks again for your replies. I've asked my work to keep me up to date with what is happening and if they are going to have a meeting to announce it I would like to be there.

I will try not to worry about it now until I hear more. Thanks again.

Well I have just had my first one on one meeting with HR. Basically she just went over the proposed changes again stating that if it goes ahead then all office work will be moved to a branch over an hours drive from where I work. However, not everyone in my work is going through the process and some people are "safe" (nightshift packers and a warehouse dayshift have't had to go in for meetings). Annoyingly, onle woman who sits in an office scanning has been told she's safe and she's moaning because she wanted to be made redundant whereas I would happily do her job - and I'm sure others would too.

I just don't know what to think now, if I am offered another job in the new branch I don't even think I could take it (I'm only part time, I don't drive and I have 2 young children that I will have to re arrange child care for) but obviously this isn't my works problem. I don't know whether to start looking for a job now, but I don't want to lose out on my maternity and redundancy pay but then I think it could take ages to find another job and I can't be out of work too long. I guess I should just wait it out and see what they offer.

I just wanted to add my support. My job is currently under threat and it's a really horrible feeling. Like you, I've never been out of work. I'm 40 this year and I've worked since I was 14!

You've had good advice on here. Keep your chin up and be aware others are going through similar - you're not alone. Mumsnet is great sometimes, isn't it?

Thank you for your message, I hope everything works out for you too. It really is a horrible feeling, I think the waiting just makes it worse so hopefully we'll get some good news.

And yes, mumsnet can be great. Where else can you get advice on babies, fashion and redundancy :)

Ok, so update on the situation is that the changes are going ahead and take effect on the 18th March. I was sent a letter saying this and told of a couple of jobs that will be available (2 x full time office jobs starting at 6am) and a job in the new branch, also full time. I have a meeting on Thursday where I can apply for a job. I was part time before my maternity leave and I can't afford to put 2 children in to full time childcare for me to work full time so I wont be able to apply for the jobs.

I'm now wondering what will happen on Thursday if I can't apply for a job (I was thinking of asking for a part time position but the letter clearly states full time) will I just be given my notice there and then?

This may be completely wrong but, Could you apply for the full time position then request different hours upon your return to work?

If I did that they would just say no and I'd be stuck doing full time. I'd be paying more in childcare than I would make working and I wouldn't have anyone to look after the children from 6am til when they'd start nursery.

I'm also a bit confused as the advise I've had is if work have a suitable position available I should be offered it. Would this count as a suitable position?

Are the two full time office jobs in your office or the other branch? Are they doing the same work you are doing?

You should be offered a suitable alternative yes, but if the hours are significantly more it wouldn't be considered suitable from a legal point of view.

Could either of these full time jobs be done part time do you think?

The two full time jobs are in my branch and in my department but it's a different job to what I do. I only work 16 hours (although I was wanting to go back for 24) and this is for 37 hours so I guess it wouldn't be considered suitable. I don't think either could be done part time but was hoping they could hAve taken on another person part time too.

Thanks for your advice, I think I'm just clutching at straws now hoping they can keep me on part time.