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HR experts please help (Flowery/kate ...anyone?) Restructuring/maternity question

4 replies

whostolemyname · 26/03/2012 17:50

I would be grateful for any help you can give with the following:

I am currently on maternity leave with the intention of returning to work in May. I am also 6 weeks pregnant which my employer doesn't yet know.

It was announced today that my employers are planning to restructure my department and everyone doing my job will have to reapply for their role (which won't change, there will just be fewer of us)

My question is, am I 'protected' at all by currently being on maternity leave?

If so, will this protection end when I return in May even though the 'process' of restructuring and allocating jobs will have started?

Lastly, would it be in my interests to notify my employer of my new pregnancy or does any protection (of there is any) only apply when you are on maternity leave?

Thank you for any help you can give.

OP posts:
flowery · 26/03/2012 19:43

If the new structure doesn't take effect until you're back from maternity leave then no, there's no extra protection. It's only if your job is redundant while you are on maternity leave and there is a suitable alternative vacancy that extra protection applies. In any case, it's not clear cut whether a headcount reduction of people doing the exact same job would count, as it depends on one's definition of 'vacancy' and 'available'.

But if it doesn't happen until you're back from maternity leave it makes no difference.

I would probably tell them about the pregnancy, yes. There is no additional protection again, but it will probably make them extra cautious and with that and your recent maternity leave, they'll probably avoid making you redundant unless it's 100% clear cut that it should be you.

Have they told you what selection criteria they'll be using?

HJisgoingtogoBOOM · 26/03/2012 20:08

My role went through this last year & I extended my maternity leave and missed it. Is that an option?

KatieMiddleton · 27/03/2012 18:02

Oooh a name check! Although I don't have much to add because i agree with Flowery.

Do you know how many jobs are at risk? Then you would possibly have a rough idea of consultancy periods and it might all be done and dusted by your return in May.

I probably wouldn't tell them about the pregnancy just yet (just my personal opinion, not based on any hard evidence or anything) because you may well be given one of the roles or offerred a "suitable alternative vacancy" before this maternity leave ends and although they may well be extra cautious if you're pregnant but they might also be annoyed and you have the protection until you return any way - so no need to rock the boat just yet.

If the process hasn't wrapped up by the time you go back I would mention your pregnancy then.

Have you had any info from the consultancy stage yet? And how are you feeling about it all?

whostolemyname · 27/03/2012 19:53

Thank you so much for your replies. I don't know what the selection criteria is yet. Basically they have said they have x number of us now, and want to change that to Y (where Y is less than x!), and then have some more junior people under that.

Its so hard because I know I shouldn't have any more claim over any of the jobs that anyone else, its just I love my job and desperately don't want to lose it (as i'm sure no one does) and I don't find interviews very easy.

There are about 12 of us affected so not a huge number. I guess I will need to wait for more information and then make a decision what to do. I could extend my maternity leave by another 2 months (though that would affect my maternity pay next time I think!)

Thank you again for your replies.

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