At risk of redundancy on maternity leave. What are my rights? if an equivalent jobs comes up do i have to apply or should i be offered it?

[Munchkinsmama]

I am currently on maternity leave whilst my organisation undergoes major organisational change. I am at serious risk of redundancy. My employer is doing a very poor job of keeping me up to date, let alone protecting me. I feel isolated, I lack knowledge to make choices and I feel completely unable to take any kind of control.

In particular id like to understand my rights in terms of what my employer should be doing to protect me from redundancy, what rights I have to job opportunities in ?associated? organisations ? i.e. are they obliged to give me priority treatment and offer me a suitable post, rather than just leaving me to apply?

Here?s the context?its rather complicated so please don?t get bored and please read on!!!

I work for the NHS in a Primary Care Trust. As a result of government changes PCTs will by April 2013 be abolished. The process of transferring staff into new receiving organisations (where PCT functions will be delivered from) has just begun. In my locality, there are 15 PCTs merging a lot of its functions (mine included) into one organisation. This organisation recently published its structure. Although my function is in it, my role at my grade is not. There are functions at the grade below me, but staff within other PCTs in my locality who are already at this grade, will have priority for these. This obviously put me at significant risk.

Officially I have not been declared ?at risk? (no one has) but we are classed as ?affected by change?. I?m not 100% sure what technical difference this means, I?m sure they have done it for a reason.

As I?m ?affected by change?, I have access to restricted job opportunities within other NHS organisations in my locality. This means these jobs are not open to the general public, only people at risk of redundancy with my geographical area. A job has come up which is basically my exact job at my grade, in another NHS organisation in my area.

My main question is - should I not be offered this job (because I am on maternity leave), as opposed to have to go through competitive recruitment? I would have thought as its another NHS organisation who is taking part in our locality ? clearing programme? surely this would make is an associated organisation?

I get confused because the 90 consultation on the proposed new structure in the new organisation does not end until Oct 31st, however they are beginning to recruit business critical roles this month.
Also, technically, although anyone could be recruited to the new organisation from September, we will all still technically be employed by our current PCT employer until April 2013, when they are abolished. I don?t know of this timing will effect anything as my maternity leave ends in November.

By being on maternity leave you don't get priority over others who are currently working there. You are protected from discrimination but as long as they are treating you all the same, they aren't doing anything wrong. You will still need to apply for the roles available.

You do get priority on maternity leave in that, if your role is redundant during your maternity leave and there is a suitable alternative vacancy with your employer or an associated employer, you should be offered it without having to compete with colleagues.

However if your current role won't be redundant until April and you are back from maternity leave in November, the preference wouldn't apply.

It doesn't seem fair that just because you are on maternity leave you get preference over other staff

Fair or not, that's the way it is. I guess part of the thinking is that all else being equal, a woman on maternity leave is going to find it much harder to look for/get another job, so she would be worse off made redundant than someone else.

Thank you for your replies. I think as roles are being recruited the rule of preferential treatment should apply now flower but my employer is arguing the other NHS employer is not an ?associated organisation?. I?m not sure I agree, but for now I?ll just have to apply.

I don't know whether I?d have thought it fair or unfair before i found myself in this situation, but now I?m in it I can see the justification in it. I am at home, alone, away from work. Despite the law saying my employer should keep me informed i am inevitably much less informed than I would have been if i was at work. I have limited access to information on what is happening and opportunities and we all know knowledge is power. I have limited access to resources and support and now, having been off work for a year, I have to fill in an application form and will probably have to compete against someone who has 12 months more recent and relevant experience than me.....and can probably more easily draw on these experiences - at the end of the day remembering how I dealt with situations and deliver projects etc 12 months ago is hard enough as it is let alone on 5 hours sleep every night!

Maybe offering someone on mat leave a job might seem unfair, but id also say have to compete equally is also unfair.

You may feel preferential treatment should apply to roles available now even though you won't be redundant for several months, but the law disagrees. If at the point your role is redundant you are on maternity leave and there is a suitable alternative available, you should be offered it.

I'm not sure about whether different NHS trusts would count as associated employers, would have to check into that further, but as I say, I think it's a moot point anyway, as another employee made redundant as a result of preference shown to you even though you will be back at work when your current role is redundant would have a legitimate complaint.