Redundancy on maternity

[redundancy101]

Hi, I've name changed for this as it could out me. I'm sorry if this had been done loads but I couldn't find anything similar.

I'm coming to the end of my maternity leave and rang my employer to discuss going back to work. During this phone call I was told that they didn't think I'd be going back and have no work for me so will I consider voluntary redundancy - I've been at the company for 2 years and they've offered 2 weeks pay and the rest of my maternity pay.

I'm the only part time member of staff in my department, there are two others who are full time and one of these was taken on two weeks ago.

I've spoken to CAB and ACAS to see if the procedure followed are correct and if they are allowed to just single me out but have been given conflicting/irrelevant advice so
I'm wondering if it's worth going to see a solicitor or just to accept the situation. Also is what they're offering all I'm entitled to?

Thank you so much for your time, it's just such a confusing area!

I don't know but have a read around this website (maternity action) if you haven't already.

Hopefully some lawyers/HR people will come along to help you. Good luck, what a rotten situation for you. They "didn't think you'd be coming back to work"??? Twerps.

Thank you, I have looked on the website but keep getting conflicting advice from each source!

I know, apparently I've been off for so long (ummmm yes my maternity leave) that they didn't think I would come back!

I don't know about the legal position but didn't you keep in touch during your maternity leave so they knew you were coming back?

They don't offer KIT days as a company but have gone into the office to keep up to date with everyone and had several informal chats with them about coming back to work etc. My boss has even asked me "are you coming back to work" so they knew I definitely was planning on returning.

I assume you haven't taken more than a year off?

First of all they should be offering you a job on the same terms and conditions as your previous role - ie same hours and pay.

If you did want to take redundancy then as a minimum they should be paying you for your full notice period. If your contract says one month then they need to pay that month.

They're in an awful position. They've fucked up. What happened to your job? Was there mat cover? By law they can't give your job to your mat cover. If they made your role redundant and no mat cover then they should be offering you something else. Was the person taken on recently on the same level as you? If so this could have been something that should have been offered to you.

Get in touch with maternity action for advice but I'd say you're in a strong position. If you want to take redundancy then you could probably negotiate better than they have offered.

I would also trust acas more than the advice given by citizens advice.