Maternity leave and redundancy :-(

[MumOfFraggle]

Hi there - I'm hoping someone can give me some redundancy/maternity-related advice . . .

I started maternity leave in December 2019 and planned to take a full year (i.e. return to work in December 2020). Today I've been told that, following a restructure, my role no longer exists and I can apply for a new role (which has been created to manage two teams - mine plus another, which are being merged).

I'll go through the selection process, but if I don't get the new role and I'm made redundant, will I be paid my normal salary for my notice period or will I be on SMP? My notice period is three months.

Thank you in advance . . . I'm gutted so would appreciate advice.

It would be worth checking this with maternity action.

Looks like they should be offering you any suitable job (with the same pay and conditions as previously) not saying 'apply or be made redundant'.

maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/#:~:text=You%20must%20contact%20ACAS%20Early,claim%20for%20ordinary%20unfair%20dismissal.

From that link. They should just be offering you the new role. Now.

Regulation 10 of the Maternity and Parental Leave etc Regulations 1999 states that if a woman is to be made redundant at any time during her maternity leave she must be offered any suitable alternative jobs that may be available. This means that you have the right to be offered any suitable alternative vacancies before others who are not on maternity leave and you do not need to go for interviews. Your employer must offer it to you as soon as your job is likely to be at risk and should not wait until you return to work.

If you are not offered a suitable alternative vacancy (if one exists), you may have a claim for unfair dismissal, automatic unfair dismissal and/or maternity discrimination.

Yes. If there is a suitable role they must offer it to you. I was made redundant on mat leave and paid 4 weeks notice at full pay, 2 weeks statuatory redundancy pay and full pay for my accrued holidays owed. I was made redundant right at the end of my 12 months off so wasn't receiving any pay.

What the others say. You should be offered a suitable alternative without selection process or jumping through hoops. Your notice pay if it came to it would be on your normal full pay and any redundancy payment would be based on full pay too.

I'd speak to ACAS. They were helpful when I was put at risk while pregnant. If the new job is the same pay, conditions etc then they have to offer it to you without making you go through a selection process. They can get around this by making the pay slightly different. My organisation made us apply for some jobs and it was allowed to because the pay was slightly different.

Thanks everyone. There has been no conversation about pay, I've just been told that the new role they've created (to manage the two teams) is the same grade as mine and that I'm in a pool of candidates eligible to apply.

I'll speak to ACAS. Thing is, I trust my company, I don't think for one second that they would discriminate against me due to my being on maternity leave; however, I'm worried that I am inherently disadvantaged in relation to this new role as I've been away and out of the loop for six months. I don't know how the other team is currently working/operating, how I can enhance that etc.

I'd suggest phoning ACAS

The company will However be mindful of your situation so you may well be successful in your application 🤞 they won't want to be done for maternity discrimination

Update - I'm being offered the role, but although I'll have double the responsibility (ie running two teams and areas of expertise instead of one) my salary and terms won't change.

I'm really struggling to believe this is fair. Yes, I'm lucky to have a job, but asking someone to take on so much more without a salary increase is difficult to swallow. I just know it's going to be really stressful and I'm dreading going back when my maternity leave ends :-(

I can turn the job down, but then I won't be eligible for redundancy pay, which is basically my nightmare scenario - no job, no redundancy pay. It's a lose-lose situation and I'm so stressed.

https://pregnantthenscrewed.com

This looks helpful