redundancy and maternity leave

[ElinoristhenewEnid]

Am I right in saying that if 2 branches of a business merge, meaning 2 posts become 1, and 1 of the 2 employees currently in post is on maternity leave, that the employee on maternity leave automatically takes precedence for filling the remaining post over the other employee?

Is the new job exactly the same as the current job at the same level ?

Yes exactly the same jobs presently done at 2 sites which will become 1.

I don't think that's true at all. They can choose who they like so long as the reasons given for selection don't refer to pregnancy and leave.

No, they simply can't discriminate against the woman on ML. She doesn't get any extra rights she just has to be treated as if she was currently at work. The only difference is that if there is a suitable vacancy elsewhere in the business, she has to be offered it, she doesn't have to apply.

For this situation I think the company could legally take one of two approaches. The "redundant" post is the one at the branch that is closing so that post holder goes. Or, there are two equal posts, one of which is redundant so both current staff members compete for it. What they can't do is give it to anyone who came in to cover the ML.

No.

If there was a suitable alternative vacancy the woman on mat leave has the right to be offered it before anyone else but in a reduction from 2 staff to 1 doing the same job the woman on mat leave isn’t automatically entitled to have the remaining job. Of course she must not be selected for redundancy for a reason connected to her pregnancy or mat leave.

No, of course not.

The criteria for redundancy have to be 'objective' and not related to maternity leave. Objective criteria can be things like experience in the role/field, or length of service (e.g. last in first out), but have to be applied across everyone at risk of redundancy.

Many thanks - I had read the requirements for any suitable alternative vacancy to include the remaining post!

No of course not!