Redundancy, Redeployment while on maternity leave ... What are my rights professional advice needed please

[cupcake78]

Work for local governement. Currently on Maternity leave. Have asked for SMP only and OMP to be paid on my return in Sept 08 after 1 years leave.

Just been told today my Directorate is having a "shuffle round" and I need to attend a meeting on Wed. This is not good news!!

Can I be made redundant while on Maternity Leave?
Can I be put through the redeployment process now if I am not to return to work till Sept?
How will this affect my OMP if I find I am out of a job then should my employer pay me all OMP that I have asked to be held back or do they have the right to keep it and give me the boot etc.

Any advice would be greatly appreciated please. I feel I need to be prepared.

Asking because my HR and Personnel departments at work are far from confidential and questions will be leaked back to my boss.

You can be made redundant while on maternity leave, but they have to consider you first for any suitable alternative vacancies. You'll still get all your SMP.

If they're having a reshuffle now, they have to include you in the consultation about it even if it won't practically affect you until you return as to do otherwise would be discriminatory.

As to maternity pay, it depends on what your contract/policy says but if you would have been entitled to keep it if they'd paid it to you now then made you redundant you would have a fairly strong argument for saying you should get it anyway.

My contractonly says that if I don't return to work after my Maternity Leave then I have to pay back the full OMP allowance. Itdoesn't state anywhere what happens if not returning to my job is because they have made me redundant. It is vague to say the very least.

cupcake you can be made redundant while on maternity leave. If there is any job available that is suitable for you, they must offer it to you. You can't be made to compete, or be interviewed (other than to check it is suitable) as anyone else would.

I would certainly say they ought to pay you your OMP. If you had had it up front, I highly doubt they'd claw it back out of your redundancy money so from that point of view they ought to pay it you, as you are ready willing and able to come back to work.

I think it's very unlikely you'll get made redundant anyway. Reshuffle could be very minor, doesn't necessarily mean any redundancies, and as I say, if there is any job suitable for you, they must offer it to you.