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Original poster

No consultation about redundancy while on maternity leave

17 replies

Kelvie103 · 28/10/2023 12:39

I'm 4 months into maternity leave, have worked for the same company for 15 years. Yesterday I found out I'm being made redundant. As far as I'm aware there's at least 7 people going, 3 in my department. The thing is I wasn't given any consultation about it at all, nor even told my job was at risk. I found out last weekend when I just happened to check my work emails that there had been a company teams meeting where people had been told there would be redundancies but as I don't check my work emails more than once a month at the moment I didn't know about it. Apparently there was also a meeting in august where people were told the company wasnt doing well but there wouldnt be any redundancies which I also didnt know about. Work have both my personal email and mobile number so could have contacted me.

From googling I found out there should have been individual meetings with those at risk before decisions were made but this didn't happen. I was just wondering if anyone knows what I should do or if I can raise a case for unfair dismissal and maternity discrimination since they havnt followed correct procedure. I've had no contact from HR at all, just an online meeting with my boss's boss and another manager where I was told I would be going and will be sent the details. My department manager didn't even know he was losing us. Just so annoyed to be treated like this after 15 years.

OP posts:
Lougle · 28/10/2023 12:49

Are the 4 remaining people in your department doing the same job as you?

Original poster
Kelvie103 · 28/10/2023 13:19

They're only keeping my boss on from my department. (was only 4 people total in the department, 3 going) the other redundancies are elsewhere in the company. I'm not really disputing the redundancy, more how it was handled and the fact I wasn't kept informed, wasn't told about the meetings and they didn't follow correct redundancy procedure for anyone.

OP posts:
LondonNQT · 28/10/2023 13:29

You need to contact Pregnant Then Screwed @Kelvie103 - that doesn’t sound like they’ve followed due process at all! PTS are a charity who have in-house solicitors who can help specifically with cases like this.

Doggymummar · 28/10/2023 13:33

Years ago I had to make 20 people redundant. We weren't allowed to contact people who were on maternity leave and it was dealt with when they came back and their consultation began at that point. Has the law changed?

BitofaStramash · 28/10/2023 13:42

Contact ACAS.

They've fecked up not consulting you.

They should also offer you any other suitable vacancies in the company, not just your dept.

You will probably still end up redundant but you might be able to get some more money out of them.

ACAS can advise you what to do about it.

CowCatsRule · 28/10/2023 13:58

It sounds like they haven’t followed the law but I suspect even if they had the result would’ve been the same. So I’m not sure what complaining will achieve iyswim?

Sisterpita · 28/10/2023 14:10

@Kelvie103 they have definitely not done this correctly. As pp said contact ACAS and pregnantthenscrewed https://pregnantthenscrewed.com/

One thing to bear in mind is, if there is a suitable job with a vacancy you may take precedence if it is a possible redeployment opportunity because you are on Mat leave.

Home - Pregnant Then Screwed

https://pregnantthenscrewed.com/

Original poster
Kelvie103 · 28/10/2023 16:28

Thanks, I'll give ACAS a call next week. I just wasn't sure if they had to consult as its less than 20 people but from my research they would still be required to have individual consultations. If the procedures havnt been followed its unfair dismissal so I could maybe get a better settlement as compensation. Also would have thought they'd have to let me know about any meetings about it while on maternity leave or its maternity discrimination.

I'm not normally the sort of person to make a fuss about things but after working there 15 years I'd expect fair treatment at least.

OP posts:
AgaMM · 28/10/2023 18:04

So there’s no requirement for individual consultations when it’s less than 20 redundancies so they haven’t done anything wrong there and that alone wouldn’t count as unlawful dismissal.

However, I would definitely speak to ACAS about the whole process more generally because it cannot be right that you are made redundant and not told about it.

Sisterpita · 29/10/2023 06:22

@AgaMM I think you have it the wrong way round, no need for collective consultation if less than 20. You still need to consult individually.

Danikm151 · 29/10/2023 06:38

You are supposed to be kept informed about big changes in the company.
there was a redundancy process well TUPE but to a company in India. whilst I was on maternity- I had to remind HR about maternity protections and I was one of 5 people that got to stay 🙂

make sure you claim KIT pay for the meetings you’ve had. Get extra money out of them!

bettynutkins · 29/10/2023 06:53

I've just gone all through this whilst on maternity, but they did keep informed, consult etc.

But what I wasn't aware of before the process is that if you are on maternity and a suitable alternative job is available, the person on maternity gets the job over anyone else. So see if that helps you at all.

Neriah · 29/10/2023 08:22

Doggymummar · 28/10/2023 13:33

Years ago I had to make 20 people redundant. We weren't allowed to contact people who were on maternity leave and it was dealt with when they came back and their consultation began at that point. Has the law changed?

That was never the law. Some employers are antsy (at times with good cause) about making people redundant whilst on maternity leave, so they decide to wait for the employees return because at that time their rights to alternative employment end. It is simply easier to make someone redundant when they return, not impossible to make people on maternity leave redundant.

If I company made others redundant whilst still intending to make those on maternity leave redundant when they returned, that would be full of so many legal holes that you could drive a coach and horses through it - both for those on maternity leave and those not in maternity leave.

SarahBowie · 29/10/2023 17:23

I’m so sorry that this has happened to you. I am an HR Manager and can assure you that this has not bet followed correctly and you have an unfair dismissal and pregnancy related discrimination case on your hands.

Please contact ACAS and start an early conciliation claim with them.

I am happy to help you further if you’d like to drop me a message but ACAS are very good and will see you right. It’s totally unreasonable to only communicate by the work email whilst you are on mat leave so don’t let your employer pan you off by saying they tried to engage with you.

Original poster
Kelvie103 · 01/11/2023 20:23

Thanks for all your help. I phoned ACAS and they said my work should consult but there's no legal requirement to if there's less than 20 people going. My brother has a friend who's an employment lawyer and he said to check what process they followed in terms of finding me another role and if they didn't try I could have a case.

OP posts:
Whataretheodds · 03/11/2023 18:11

Are you sure your role is being made redundant, in that case?

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