redundancy question

[lindsayville]

My colleague and I have the same job they only now need one person and we have been asked if one of us would like to volunteer for redundancy.
My colleague is considering volunteering however I'm due to go on maternity leave after Easter. If I was to go on maternity and she was to take redundancy would they have to offer my colleague the post to I come back as the job still exists as such and then pay her the redundancy? We have asked the employer this question but as such they haven't given us an answer.

It sounds like this is all being designed to get you out of the picture, because it makes more sense for the one going on maternity leave to take redundancy because you will be off for the next year.

It depends who they really want to get rid of. Let them choose who they want to make redundant - it most likely will be you. It is more common for people on maternity leave to be made redundant rather than just before.

What you are offering is for a delay to the voluntary redundancy for your colleague. It is certainly worth getting together with your colleague to propose this.

Yes I feel like I'm being being pushed out that's for sure but I already told them I wasn't volunteering.

It is more common for people on maternity leave to be made redundant rather than just before

Women on maternity leave have additional protection. It is unfair dismissal if a woman is selected for redundancy because she is pregnant or on maternity leave. If someone is made redundant whilst on maternity leave they must be offered any suitable alternative role even if there are better candidates for that role.

There is no more roles all the admin staff have already been given there redundancy consultation. My role is as a trainer there are 3 of us at the moment 2 perm and one temp who our employer said has to to go first but as yet is still there. it looks like it will come down to point scoring.

To answer your original question, no, they would not have to offer your colleague the one remaining job once you went on mat leave - on the day she's made redundant and her employment is terminated, that's it. She no longer works there and technically they could recruit someone into the same role the next day. Most companies won't do this due to the risk of tribunal claims and also not actually needing someone in the role, but it is possible.

Your colleague can take redundancy, you can go on may leave, they can cover the role however they lie and you have a legal right to your job back on your return to work, assuming you only take the statutory period of mat leave.