Help! I've been displaced while on maternity leave

[Pam70]

Wonder if anyone has had a similar experience? Got a phone call from my boss this morning to my home to tell me that my job no longer exists due to a restructure in the organisation.

I've been given 3 options:-

1. to apply for a new role,
2. to go on a redeployment list or
3. to take voluntary severence.

Problem with option 1 is that the interviews are scheduled for December and I'm on maternity leave and still breastfeeding DD who's only 9 weeks!!

I can't even manage to get a shower some days with DS and DD around, never mind prepare for an interview!

I've checked the Maternity Alliance website which states that "When you go back to work after ordinary maternity leave you have the right to return to exactly the same job that you were in before you went on maternity leave. When you return after additional maternity leave your employer must give you back the same job or only if that is not reasonably practicable, a suitable job on very similar terms and conditions."

Can I refuse to go for an interview for any of those new positions? If I do this, can the company decide that I am taking voluntary severence or place me on the redeployment list?

The company has asked me to get back them in 2 weeks to let them know which of the options 1,2 or 3 I am going for.

This is completely stressing me out....

do you have a contract? if so dig it out and have a read. do you have a friendly boss? maybe you could meet him/her out of hours for an informal chat. do you have a union rep? if so, rope them in. after all thats what we pay our fees for. hth, good luck

What a horrid thing to do to you. I'm sure it's not right and that they have to give you your job back or at least a job of the same status/pay- contact your union (if you have one)

Pam - not sure about the legality here, but I also thought that whilst on maternity you're 'untouchable'. Definitely don't go for option 3, as if they want to get rid of you they can bl**dy pay you off!

Have a look at this site maybe there's something useful in there.

I'm not surprised - I didn't think this could be done tbh. I don't have any detailed knowledge of employment law so can't advise, but hope someone else can.

What I would say is try to stay calm and first thing on Monday morning ring the Maternity Alliance and ask for some specific advice.

Don't speak to your employer until you are fully armed with the facts about your rights.

My last thought - bump this up again tomorrow for more advice - there might be someone on here with a Human Resources background who can steer you.

Good luck.

i'm sure that one mnetter is a wizz on employment law- Sis I think

Pam70. are you in a union?

Hi

Thanks for all your messages - no I'm not in a union (kicks herself!!!) I had always thought I couldn't be part of the union as I was part of management.

I'm going to try and ring the CAB on Monday to see if they can help.

Most of the literature I've read seeems to say I have the right to return to the same job or a similar job (surely the offer to interview for a job does not translate into a guaranteed return to the same or similar job?)

right - will try not to get stressed about thisd anymore tonight - have to go feed DD

Thanks again for all your messages!

it is Sis who's the expert- why don't you try sending her a CAT to ask her advice

A woman returning to work after ordinary maternity leave (OML) has the right to return to the job she was doing before she went on maternity leave. She also has the right to return to the same job if she has taken no more than four weeks' parental leave in addition to her OML.

If her employer refuses to allow her to return, this is a dismissal and sex discrimination. If a woman is not allowed to return to work, she may claim her dismissal is automatically unfair if it is for a reason to do with her pregnancy or maternity leave. If her employer allows her to return, but to a job with different terms and conditions, this will also constitute a dismissal and/or detriment and sex discrimination. These claims can be made regardless of how long and how many hours per week a woman has worked for the employer. She may also be able to claim constructive dismissal if she refuses to accept a job with worse terms and conditions.

Still get in touch with the union, even though you'renot a member, they may still help or advise if they think you've got a case.

I knew someone who was backed by a union even though she wasn't a member.

Make them put their proposals in writing. Forget phone calls, although you should log them and document what was said, ideally in a diary or something. Sorry to hear this.

But surely if the job legitimately no longer exists because of wholesale restructuring then yiou can't be given it back. Otherwise no company would be able to do any restructuring i they have an employee on maternity leave. So the only thing the company needs to do is make sure that Pam is not treated any worse than any other employee because she is on maternity leave.
But it would be unfair to expect you to interview during your mat leave.
A friend of mine was made redundant whilst on mat leave, as the company was taken over and her whole aea went. She got the same redunancy package as everybody else, plus her full maternity package.
Is the whole of your old department in the same situation or is it just you?

Most of the department is in the same situation as I am and having either to reapply for their own positions (under the new structure called something else) or having to reapply for positions where there are more people than actual jobs (the position I am in).

I just need some clarification on whether I can defer any decision making until after my maternity leave or whether than automatically means I'll be made redundant because I don't really feel like I want to attend nor think about an interview while I'm on maternity leave.

Got a name of an employment lawyer so will check with her on Monday too.

no expert here - but my feeling is with Prufrock -I think what Feckle is saying is basicaly accurate but I am not sure that you are any more protected from a legitimate redundancy than your colleagues - the point being though, that you must be treated equally - which in this case would mean being given the same opportunities as your colleagues to apply for a new post etc. Being asked to come for an interview when you have a breast-feeding ten week old is not giving you the same opportunity as your colleagues - so you could probably make a good case for constructive dismissal. Speak to CAB as soon as possible

Hi. I recently went through a restructure at work whilst on maternity leave. I had to have my interview whilst on maternity leave but luckily wasn't breast feeding. Not sure what I would have done otherwise. Prufrock is right in that they were entitled to do this as I was offered a suitable alternative although it was crappy receiving a 'you are at risk of redundancy' letter whilst on maternity leave. I work for local government and they are very up on what they can and can't do - who do you work for? If it is a private company it is definitely worth checking what they are doing with a 3rd party. In the end I was glad to have my interview and outcome of the interview whilst still at home (luckily I got the job I was going for) as work was not a nice place to be for those months! HTH

They can't make you redundant because you are on maternity leave or treat you worse than other employees. But if there is a genuine restructure that means your post is redundant, alongside others, then that's a different situation. They merely have to demonstrate that they are treating you fairly and not disadvantaging you compared to other employees (I would imagine requiring you to attend an interview which is impossible for you to make due to childcare issues would be an example).
Did you speak to employment lawyer?

Hi PAM70,
Just read your dilemma, I would suggest if you wish to continue working for this company then you do whatever you can to attend an interview with them dispite the impracticalities of breast feeding. I am not sure what you have read but you can be made redundant whilst on maternity leave if a company has a restructure. The best website to look at is one called dti (Department Of Trade & Industry) that tells you all about employment rules.
They can't make you redundant if your job still exists because it is the position that is made redundant not the person. If they are having a restructure and people are being interviewed this means that non of the previous positions exists and all the positions are now new and slightly different.
Hope this helps and good luck! x

Brief update - I spoke to the Equality Commission and an Employment Lawyer and have just written to my company.

The EC seemed to think I should be given a position without interview because I am on maternity (and apparently more protected), the employment lawyer concurred but said the company might challenge this anyway.

I've written to company and asked them to come up with proposal to resolve this (on advice of the EC)

Vict17 - your situation sounds exactly like mine except I work in a private company and all my colleagues have told me the atmostphere in the office is just awful.

pam, totally sympathise. a company i had worked for 8 years went bump whilst i was on mat leave. they re-opened two days later and re-employed every office worker except me, giving the reason that it was as i had children and the other admin girl didnt. (even though technically i was her supervisor and she learnt everything she knew from me) sadly, im not sure if theres anything i can do, not going into too much detail on mn but i am trying and cant take them for unfair dismissal as everyone was made redundant. sex discrimination however may be a possibility. im not hopeful though. employers have so many ways of getting around these things...it makes me so

That's not redundancy, nightowl. Your job still exists - now being done by someone else - so you were unfairly dismissed. Have you taken legal advice?

is wigandrobe about at all, she's v v good at the technical legalitys, maybe she could help?

Good Luck Pam with whatever. You seem to have seen all the relevant people who can give you the best advice, I am not sure about whether your company should give you the job without an interview and that is also unfair on others. But at the same time I don't think they are allowed to ask you to 'work' (ie interview) even on Mat leave. Is there anyway the company/interveiwer could come to you to interview you either at home or nearer home? Might be a way round this a little bit.

Quick update - I can't talk anymore about my own situation right now but I found this on the EOC website (Q & A) and thought it might be useful for anyone else in a similar position.

Rights on return to work

During my maternity leave my department was reorganised and my duties have been assimilated into other peoples' jobs. I was not consulted about the reorganisation though others were. I have been told that I must compete for jobs and that my return to work will be delayed until I am successful. Is this sex discrimination?

It could be. There are a number of issues: not being consulted because you were on maternity leave when colleagues at work were consulted is direct sex discrimination. Reorganising your job is not necessarily sex discrimination as jobs can evolve and change to correspond with business demands. However, if you can show that your job would have remained had you not been absent on maternity leave, then you would be able to claim sex discrimination. You may need to look at how other jobs were reorganised in your department and the treatment of your colleagues in this regard. You need to establish whether you are under threat of redundancy and to look at your employer's redundancy procedure and how it is being applied to deleted posts.

You can also challenge an unfair redundancy under the Employment Rights Act (ERA). Under ERA a woman who is made redundant while on maternity leave is entitled to be offered any suitable vacancy in priority to any other redundant employee. That right applies to any vacancies up to when her employment ends. This also applies to women taking additional maternity leave, provided you have complied with the notice requirements.

Link here