Can they do this?

[kettlemirror]

Have been told that the number of people doing my role will be reduced from two down to one.
Other employees in a similar position have been told that they all need to reapply for their position.

However the other person doing the same role as me is currently on maternity leave and I have been told that because of this they can not be made redundant and so I will not be able to reapply for my job.

Is this true? Is there anything I can do?

Not it not true. They cant treat her less favourably because she is on may leave. But they can treat her the same.

Do you have a union? Can you call acas for advice?

The other person can't be made redundant just because they are on mat leave, you both have to be treated exactly the same.

There was a case about this. Eversheds v De Belin. They can't treat the person on mat leave less OR more favourably. Push back.

No they can't. She will have to go through the same process as you. As long as you both go through it it isn't discriminatory.

Women on maternity leave are entitled to preferential treatment in respect of alternative vacant roles, so if both your roles were made redundant and there was a separate new vacancy available, she’d have to be offered that.

But if it’s a pure headcount reduction of going from two widget makers down to one, she is not entitled to preferential treatment and if you are made redundant without a fair selection process that will be unfair dismissal.

Thank you all. I don't have a union but I will contact acas.