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Department restructure, told my role doesn't exist

7 replies

littlehamster · 12/02/2012 18:49

Hi,

I'm currently on maternity leave. I received a letter from my employer telling me that my department is being restructured and my role will no longer exist. I've been asked to call in to arrange a consultation meeting and I have been told I can take a colleague to the meeting.

The letter also says there could be suitable alternative employment in the new structure, but they have appeared to split my old role into two new jobs stating that either of the two new position could be suitable, the meeting is to discuss this.

The situation is further complicated because I applied for a promotion prior to my maternity which in my opinion I should have got. Two of the men involved in the recruitment indicated to me verbally that my maternity was an issue/a complication in my application for the role (i have none of that in writing). I went on maternity leave a week after the interview (which was a joke) and heard nothing back from them regarding my application. The only thing I've heard about that role is a letter advising that there had been an appointment and inviting me in the meet the person as he will be my new boss!

The other issue I have is that they weren't exactly chatty with me over my maternity plans. I submitted my matb1 but didn't hear back from them in 28 days. They didn't write to me confirming my dates and maternity pay until I had chased them several times verbally and by email.

I'm guessing I have a case against them but I'm not sure how to proceed.

Littlehamster

OP posts:
littlehamster · 12/02/2012 18:51

I meant to add that the unofficial reason for the restructure of the department is so that they can keep on the guy doing my maternity cover and also as an easy way to get rid of another team member who is underperforming.

OP posts:
bunnyspoiler · 12/02/2012 19:29

If the meeting is to discuss your role no longer existing and the 2 new positions, then they will hopefully offer one of these to you. I would see what they have to offer before thinking you need to take out a case against them as at the moment they have not done anything wrong. As you are on maternity leave, if either of these new positions, or any other position for which you are qualified is available, then you should be offered one without needing to enter a competitive process. If they fail to do this then you may have a case.

MaMattoo · 12/02/2012 19:40

I agree with bunny spoiler. I faced similar issues last year when I went back to a redundancy round as a welcome back to work after mat leave.
I found advice on MN useful. Also check the maternity alliance website. Go to the nearest citizen advice bureau and pick up the leaflet about returning to work - good advice and good contact points to chase to get support should you not get joy at the consultation!
Good luck! And sympathies! Persevere and keep a close eye on the stress levels. Also if member of a union - get in touch!

littlehamster · 12/02/2012 20:30

Don't you think that telling me that my maternity was an issue when I applied for promotion isn't a huge problem

OP posts:
littlehamster · 12/02/2012 20:30

BTW thanks for taking the time to reply :)

OP posts:
MaMattoo · 12/02/2012 22:31

It's a huge problem and there is an equality commission which provides advice in relation to such issues. Get the employment tribunal form and call the help and advice people listed on it.
I was made redundant and my less qualified, colleague was retained and I felt a hint of discrimination as she is past child bearing age, while I had just had my first baby. Got good advice from them.
In your case if they have gone so far as to tell you that mat leave interfered with promotion, then you need to watch closely for discrimination.
Again check the equality commission paperwork. I think there is a link to it on the maternity alliance website.

Grevling · 13/02/2012 07:36

"Don't you think that telling me that my maternity was an issue when I applied for promotion isn't a huge problem"

It is. But there is a huge difference between you saying it happened and convincing a tribunal that it did.

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