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My job has been made 'unavailable' while on Mat leave

45 replies

BlueGreenJumper · 17/04/2016 21:23

NC for this but really need some advice please.

Been with my current employer 5 years and I'm now on Mat leave. I told them when I went off in Sept 2015 that I would be hoping to returning May 2016, which they were fine with and replaced me with a temporary employee. Since I have been on mat leave I have heard nothing from my line manager despite numerous company changes and redundancies. May is obviously fast approaching so a couple of weeks ago I contacted manager and asked to talk about returning to work. I was then told my role was no longer available! No more detail other than that, but from what I can understand they have given my work to someone else (my replacement quit a few weeks ago).

I have been offered to interview for another role in the company but it is role I really don't want. I'm struggling to get hold of anyone from HR but am going in next week to try and get this sorted. In the meantime I'm feeling really down - I feel like I'm so worthless to them that they can just get rid of my role like that, and not to tell me until I approached them is just a kick in the teeth.

So, what are my options here? If I don't get this new job what do I do? I feel like even if I do get offered it I have to take it even though I know I will hate it.

Sorry this was long!

OP posts:
Wilding · 24/04/2016 07:26

I understand that this is all very stressful for you but really, you need to stop being defeatist and get some sodding legal advice! As other posters have pointed out, if your work is still there they can't make you redundant, and if you resign they get the outcome they want and you'll be shafted.

Have you been leaving an email trail? Did you take notes in the meetings? I would email them with what was said in your meeting as confirmation, and then refuse to communicate with them except in writing while you get some help with this.

toastyarmadillo · 24/04/2016 07:38

Would be worth looking into whether you would have to pay back any maternity pay if you do not return to work and if this doesn't apply when being made redundant.
Do you have a union of any kind? It may be worth getting legal advice, as it sounds like your employers are not following correct procedure.

CharlW1 · 24/04/2016 07:44

Personally you have enough to put in a grievance against your company (you have to do this whilst you are still on maternity leave). It's disgusting hoe you've been treated.

I also strongly recommend you contacting ACAS or one of the other organisations people have suggested. You need professional/legal advice asap.

Good luck and I hope this horrible situation is resolved soon.

WellErrr · 24/04/2016 07:56

You need legal advice ASAP before you do or say another word.

Call ACAS and ask them where to go next. Do it as soon as they open.

WipsGlitter · 24/04/2016 07:57

I've been sort of in this situation. Role no longer existed, was offered alternative on less money and less responsibility. I said I didn't want it so they made me redundant. I negotiated with them and got a fairly generous payoff.

To be blunt you need to make some tough decisions. Do NOT give in and resign.

MrsBlimey · 24/04/2016 08:12

You are being made redundant but they are going about it unlawfully, which means that you could have a claim for unfair dismissal and probably also unlawful discrimination on the grounds of sex/maternity.

They are going about it all wrong and are not following legal procedure. I suspect they know this but are trying to keep you in the dark so that you don't do anything about it. Not unheard of at all, especially if the employee is absent on leave or maternity leave.

In order to benefit from your rights and to protect yourself and in order to make a claim against them you MUST seek proper legal advice from an employment solicitor ASAP.

The deadline for taking action against an employer is three months less one day and before that you must have exhausted all appeal and grievance procedures, attempted to negotiate and attempted conciliation through ACAS. Deadlines are very very rarely extended.

Most employment solicitors do a free initial consultation to assess the strength of the cars and can often then do a no win no fee type of arrangement.

Most home /contents insurance policies also include legal protection. You need to phone them up, check you're covered, they do an assessment of the case and then they assign you a solicitor if they're going to be able to assist.

Don't whatever you do hand your notice in however tempting it might be. You're just giving them on a plate what they want and you are unlikely to be protected as much as if you stayed in post. You may lose some of your rights too and constructive dismissal is harder to prove than unlawful redundancy and maternity discrimination.

Print out all emails you have received and sent in the matter to and from them and also make a chronological and completely factual list of what happened when, with dates, details, "emailed X asking for Y, no response received" that kind of thing.

I hope you get somewhere with this. It's quite natural to feel overwhelmed with the situation which is every good reason to ensure you have a lawyer working on your behalf for when it gets too much to cope with. A decent solicitor will see you for free initially and then tell you straight your chances and about fees etc and tell you about how to find out about insurance or no win no fee set ups. The most daunting thing can be the prospective cost but if you have a strong case then there's no need to worry as costs can be dealt with in other ways.

I'm going through almost the same thing with my employer at the moment. I'm on long term pregnancy sick leave and my role has been split up between others. Employer is not following redundancy procedure at all and seems to be unaware that pregnancy (like maternity) is a protected characteristic. I am taking them to tribunal for unfair dismissal (not proper redundancy) and sex discrimination. I'm legally trained and have in the past practised employment law, which they seem to have forgotten about!

I really wish you the very best. If you want to pm then go ahead. Please keep us posted and we'll do our best to support you!

ThanksThanksThanks

MrsBlimey · 24/04/2016 08:16

Basically: get lawyered up, don't communicate with them unless it's in writing, if they call you, then email immediately back and confirm with them what was discussed.

You could nail them for quite a considerable sum in a settlement or at tribunal but you need to take protective steps like those I outlined above from now onwards.

WipsGlitter · 24/04/2016 08:26

Like pp have said you need to start getting things in writing. Don't meet with them again until you have a letter outlining the situation.

IceMaiden73 · 24/04/2016 08:49

As you have taken over 6 months maternity leave they can offer you an alternative role when you return

flingingmelon · 24/04/2016 08:56

OP - PM me if you need a recommendation for a solicitor. I went through similar and mine was fantastic.

ThanksThanks

AyeAmarok · 24/04/2016 09:03

Oh God, this is my big fear Sad

If they offered you a redundancy package would you consider it?

Don't resign! That's exactly what they want.

flingingmelon · 24/04/2016 09:10

Speak to a solicitor anyway. I got a redundancy package mid way through my grievance procedure and ended up able to make a claim with them as well.

Also, don't think that just because you have started a claim you'll all end up in court. Most people come to a deal. Don't let the intimidation of an unlikely tribunal put you off. Too many people do and that's how we all end up so vulnerable.

Sorry - I'll get off my soap box now. Sad

flingingmelon · 24/04/2016 09:12

And if you hand in your notice, you are literally turning down £££. Don't do it!

BlueGreenJumper · 24/04/2016 09:22

Thanks all

Sorry I know it looks like I need to get a grip, I had PND after the birth - I'm on antidepressants now and doing loads better but I seem to have lost my confidence with it. My role was so far down the food chain in management eyes and think I'm just feeling overwhelmed. It pisses me off because they would never in a million years do this to someone more senior but they seem to think because my role is so junior it's irrelevant. They are a big company and would wipe me out with the lawyers they could throw at me so I guess I'm nervous to do anything like that. I have taken 6 months may leave so from what I understand this compromises my position as well.

However you have all given me great advice. I am going to email AGAIN asking them to outline the situation on email and contact ACAS tomorrow.

Thank you all, I will update

OP posts:
Kr1stina · 24/04/2016 09:40

It won't go to court and they won't appoint lawyers . If they are a big company they have no interest in litigating over ten or twenty thousand pounds .

If they have an HR manager they know exactly what they are doing . You just need to stand up to them and they will give in after a few letters . I know it's shitty behaviour but don't let them get away with it .

Either get some money out them and look for another job. Or go back to work and look for another job from a position of strength ( already working ) rather than weakness ( SAHM) .

WipsGlitter · 24/04/2016 12:20

I agree. It's not going to end up in court but you want to get the best financial settlement you can.

TheWildRumpyPumpus · 24/04/2016 13:42

The fact OP took more than 6 months maternity means the company can reallocate her work permanently and offer her an alternative position with same pay, benefits etc.

If she refuses this position, then she is considered to be 'resigning'. I can't see how this is a redundancy matter unless they say there are no alternative roles for her to return to.

charvey46 · 26/04/2016 11:48

Are you in a union? They usually have a legal department you could contact to discuss this issue, and sometimes they can even send a legal rep to accompany you during relevant meetings.

Rangirl · 26/04/2016 13:27

Don't make it easy for them Get proper advice from an employment solicitor and act on it Gets me so mad that this kind of thing is still happening The cynical part of me says that the good thing about being made redundant on mat leave is it saves all the hassle of going back and trying to make it work and getting made redundant further down the line (like virtually every mum I know !) Good luck

Atenco · 26/04/2016 17:18

Even companies with lawyers make mistakes or think they can get away with things, OP.

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