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Help...redundancy whilst on maternity leave

89 replies

Daisypops · 31/07/2007 12:58

I'm currently on additional maternity leave. I have been told that my job is redundant and I will have to apply for another position within the company. I have read that it is unlawful to make a woman redundant whilst on maternity leave and the employer MUST offer her a suitable alternative position. Apparently it is the only time when positive discrimination is allowed.

Does anyone have any advice or information.

Also are you entitled to legal aid whilst on maternity leave. I'm not on income support and still classed as employed.

TIA x

OP posts:
flowerybeanbag · 05/09/2007 10:23

morning Daisy.
DIfficult to know what to do to speed them up. I am assuming nothing is happening with the restructuring at the moment?
If that's the case, they aren't doing anything wrong yet iyswim.
You can continue to hassle them or you can just leave it. It's frustrating not doing anything but tbh I would be inclined just to sit tight. You can't take it any further unless and until they go ahead with their original plan, you have made your point loud and clear so you would only be repeating yourself and hassling them which you may find more stressful than sitting back - I don't know for you which would be better.
They are being rubbish not getting back to you, but as I say your only option if you want to try and hurry things along is keep contacting them 'what's happening what's happening', and it might be better to sit back and leave it until something actually happens.

Daisypops · 05/09/2007 10:30

Morning FBB, I will sit tight then. I think hassling them will cause me more anxiety.

It really is digusting that they are taking so long to get back to me its 7 weeks ago that this started and I'm still left in limbo.

OP posts:
Daisypops · 07/09/2007 16:02

Work have finally called and asked if they can come out and see me regarding the companys position. Apparently the issues regarding my situation have come to a head?I asked if it was good news and was told 'you'll be alright'???

Waiting for them to ring back. I have told them I would prefer them to come today as I am going away on monday and don't want to be left wondering whats happening.

Will keep you posted. x

OP posts:
flowerybeanbag · 07/09/2007 16:06

that's fantastic news daisypops, sounds as though they have finally got their act together and got some proper advice.
Do keep us posted!

Daisypops · 07/09/2007 16:20

DP has said 'you'll be alright' means the opposite. How positive!

OP posts:
flowerybeanbag · 07/09/2007 16:36

at your DP!
Let's remain optimistic I reckon

Daisypops · 07/09/2007 18:24

Its good news!!! I have a job in a different department doing part of the job I did before.

Work are coming to speak to me about it in depth on wednesday morning at 9.30pm. So we'll see what they say.

Very happy at the moment.

Thanks FBB and all the others for your advice and support thru this I will keep you posted.

OP posts:
RibenaBerry · 07/09/2007 18:27

That's great Daisy. Hope we were some help.

It's a tough time and I think it helps to be told repeatedly that you're right and they're wrong! Even if you look things up, it's not the same as others agreeing with you (I find).

flowerybeanbag · 07/09/2007 18:51

Daisy that is fantastic news!!!
Bet it's a huge relief!
You can hopefully relax and enjoy the rest of your maternity leave now!

Daisypops · 08/09/2007 09:37

Hi Ribena, yes you are right. I started doubting myself quite a bit, wondering if the law applied to just normal mat leave and not additional mat leave etc. I was convinced they would find a loophole and wriggle out of it.

Its a huge relief and now I can enjoy the rest of my maternity leave and look forward to christmas and my LO's birthday without this hanging over my head.

Are there any questions I should ask on wednesday?

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Daisypops · 19/09/2007 21:08

Hi, just to update, I went in to meet my new boss last friday. We got on really well before so I can't see there been a problem. So relieved I've got a job to go back to, although I did feel a little guilty for the others that were suitable for the post.

However, my friend who is also on maternity hasn't got a job. The work she did is spread out over a few people so they have said they will try and find her something suitable but otherwise it will be compulsory redundancy. I feel very bad for her at the moment. She is having to apply for a post and be interviewed.

Thanks again to everyone. A happy ending for me at least! xxx

OP posts:
flowerybeanbag · 19/09/2007 21:20

Daisy so glad things are working out for you. The same does apply for your friend, if there is something suitable she must be offered it, so I hope they are interviewing her to establish whether one of these posts is suitable or not.

Pleased you are doing well though.

Daisypops · 19/09/2007 21:46

Hi Flowery, they have told my friend that there isn't a suitable alternative they can offer her. She shot herself in the foot, because initially they said there was a post that was suitable forher but because it was less money she wrote to them to say they weren't allowed to offer her a post to her detriment (sp?) I think the CAB helped her write the letter

I'm convinced that I frightened work by saying 'I will claim for unfair dismissal' I think they thought oh bugger we better give her a job And it was all thansk to FBB's help!

OP posts:
flowerybeanbag · 19/09/2007 21:59

And Ribena and others as well

Shame about your friend. If there is a suitable alternative (i.e. content, skills, money etc all similar) then they have to offer it to her, but if the only one that could be considered suitable is less money, and the lower salary is justifiable based on the content of the job, they wouldn't be expected to artificially raise the salary so they can offer it to her. It's not that they are not allowed to offer her a post that is to her detriment, they are allowed to do that, as long as there isn't another suitable post which they are not offering her.

Hopefully she'll be successful with something else though.

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