AIBU to think my company is taking the piss making me redundant on sabbatical?

[myworklifeinuk]

Hi all, need a bit of a sanity check here as I think I'm going mad.

Been at my job (big pharma company) for over 15+ years. Last year was rough, feeling properly burnt out (had low blood pressure repeatedly), so I was granted a year's sabbatical which started in Feb. Based on this, we took our DD out of nursery for the year so I could be her full-time mum, as DH works really long hours. Now, six months in, I get a call out of the blue saying my role is at risk of redundancy. They're expecting me to be available for calls, consultations, and to start a job hunt.

To make matters worse, they're now saying that because I'm on sabbatical, I'm not eligible for the proper company redundancy pay, only the basic statutory amount. All their own documents say they can place me on redundancy on return, but they've ignored that and won't provide any policy that says they can do this halfway through. They are
I'm with my DD from morning till night. It's not a holiday; I'm a full-time carer. I can't just jump on my laptop, and finding a nursery at the drop of a hat is impossible. We'd even had to cancel visits from her grandparents visiting us now.
AIBU to think this is completely out of order? They approved the sabbatical knowing my situation, and now they've pulled the rug out from under me and expect me to be fully available for the job hunt.
WWYD? Any advice would be brilliant, my head's all over the place.

Speak to a solicitor. All you can do is get legal advice, and the sooner the better.

Sorry this is happening

Sorry this is happening. Sadly sabbatical doesn't have any statutory right of return or protections. Check your sabbatical agreement carefully as to what terms and conditions were paused during your leave. If you are unpaid, it is likely all of them except continuous service were paused. Ultimately if something has changed they have a legal duty to consult you, they couldn't wait until you return. However, their selection method needs to be fair (ie they couldn't select you because you've been on Sabbatical). Is it worth speaking to colleagues at work to see how its been approach with them - just to make sure you are being treated the same?

So sorry, my DH has just been made redundant from big pharma (most likeky same company!). Are you in a union? If so get their advice, if not get legal advice if possible.

I think they are entitled to make you redundant even if you are on sabbatical and they do legally have to consult you on it - but surely if your employment contract has continued through your sabbatical then you are entitled to company redundancy pay?

That's the bit I'd be arguing. It's sounds like by the end if it this was a horrible job that was making you extremely unhappy so not going back doesn't sound like a terrible option. But I think they should be paying company redundancy and that's what I'd get looked into.

Assuming your sabbatical is unpaid you have another 6 months where you didn't intend to work/be paid so at least this way you have time to decide what you want to do next and find something else.

What May913 said - first thing to consider - are you still employed?
Sabbaticals can be administered differently, where you remain an employee or where you don’t. Was there a sabbatical contract given to you? IE separate from that which is mentioned in your original contract? Good practice would say there should have been.
But yes, the key thing is, are you still employed by them? The fact they are saying your position is being made redundant suggests yes, in which case you’re entitled to whatever redundancy package any other employee would be. And you would also be entitled to claim constructive dismissal…
But anyway, you definitely need proper legal advise as this could get complicated.

What does your job hunt have to do with them? It’s up to you how and when you look for another job, I’m struggling to understand why they are dictating that you start your job hunt?! Anyway, this is dreadful, I hope you get a decent redundancy package. Good luck.

I'm in the same situation, except I'm on maternity leave. Yep, let me just job hunt while simultaneously looking after a toddler and a newborn... while losing all childcare funding. Fuckers.

OK, take a deep breath.
This has obviously come as a shock to you, and it sounds like there are some issues to be resolved, but actually, it could be a good thing.

Don't cancel the grandparents visit. They can do bits of childcare if you need to take a call to find out what is going on.

Definitely look into the redundancy amounts. That sound strange. Read all the paperwork you've got - and if you still have access to the company intranet, pull off all the redundancy and sabbatical policies you can find - you don't need to read them all, just save or print a copy.

Whenever I've been at risk of redundancy, ive been expected to carry on with my day job - so all job applications have had to be evenings and weekends, so hopefully DH can cover some childcare for this bit. You don't need nursery places until you have a job - and you were looking at not wanting to work for another 6 months anyway. You have time for all this - and any job that burns you out to the point of needing a year off is possibly not the best one to return to. Take the time with your child. Look for a new job later in the year. It will be ok.

Thanks so much everyone, this has helped me feel a bit more sane.
Just to clarify — yes, they’ve made me redundant in the middle of my sabbatical, even though the company policy clearly says redundancy can be actioned “upon return from sabbatical” — not during it. They haven’t pointed me to any policy that allows them to do this mid-leave.
Now I’m being told I have to be available for consultations and start job-hunting straight away, even though I’m six months into a 12-month unpaid sabbatical that was granted specifically due to burnout and family commitments. We made big changes to our childcare based on this time off, so I’m now being forced to juggle redundancy admin while looking after my toddler full time — it’s just not realistic or fair.
I get that companies can restructure, but this just feels like they’re ignoring their own rules and creating extra stress in a situation where I have no capacity to handle it properly.

Why are they saying you need to start job hunting? What’s it to them?

Are you in a union?

Do you have the option to end your sabbatical early and return to paid work for the consultation and job search? Clearly you would need to find childcare, but it may be worth it if there are other roles available.

As others have said, why are they dictating that you start job hunting? If you could afford another 6 months unpaid you have no reason to job hunt now. Lots of people retire or take a break following redundancy.

I can’t see why a sabbatical would stop them making you redundant part way through if there is a business need to, to be honest. Does the wording you are relying on relate specifically to returning (
ie is it in a list of things that might/ should happen on return). Ultimately, unless you are covered because you’re on maternity leave, the timing decision is theirs, although I appreciate it’s incredibly tough for you.

I think you are relying on an unclear policy term, but given the circumstances I do think you need proper legal advice based on all documentation. "Actioning" a redundancy does not necessarily mean that you can't be included in redundancy processes; it could simply mean that the fact of making you redundant does not happen until your due return date.

I'd also have to point out that unless policy is contractual, which is unusual, they are not required in law to adhere to their own policies.

And I am sorry this is happening but your childcare arragements are irrelevant - a sabbatical is for people to do what they want with once agreed, so why redundancy is inconvenient is not important, as they could just as easily be visiting family in Australia or taking part in a simulated Mars colony. You do not have to attend consultations or apply for jobs, but you will be on the same footing as someone who is not on sabbatical - if you don't do those things you will be made redundant.

It does seem unfair that redundancy packages are less for people on sabbatical, but again, it isn't unfair in law as there are no protections for people in this position.

Just checking you are aware that if there are suitable jobs available then people on maternity leave legally get priority for those - without interview.

Thank you, yes I was aware of that, but no suitable alternative vacancies unfortunately.

I think the OP means looking for an alternative job with their employer. Not looking for a job anywhere there is one.

I really sympathise OP. If your workplace has an Employee Assistance program or if you are in a union they can offer some legal advice.

As one pp has said, their paperwork probably means that the actual making of someone redundant may happen after the sabbatical ends. Unfortunately, if there are several redundancies they can’t just not start the redundancy process for the pool of people because someone is on sabbatical. Depending on the reasons for redundancy it may be that they need to start the process quickly.

It is really rubbish timing for you though and I feel for you. The bit you need to query and understand most is the bit about your pay as I can’t think of any reason why you wouldn’t be entitled to company redundancy due to you being on sabbatical. If the info is coming from your manager then I would raise with your HR and get them to fully explain the rationale.

In terms of being available for consultations, they cannot force you to attend but at these meetings they will be sharing key info about the process so they may be very helpful. They will likely offer you an individual meeting. You don’t have to go but again it might be helpful. The next step you need to take is to understand from them exactly what kind of time commitment they are needing from you for these meetings and if they have any plans for communicating key info for those who cannot attend. I don’t think you need to panic about getting childcare yet as it is likely to be set meeting dates for an hour or two at a time rather than all hours of every day.

And in terms of job hunting. I would be asking them to confirm what their plans are for sharing suitable alternative vacancies.

A good employer should have documentation to share with affected colleagues, timescales of key dates and a plan for supporting colleagues to look for alternative work. If they aren’t doing these things then it’s important to ask for them

There is info on ACAS that might be helpful too https://www.acas.org.uk/redundancy

Sorry you’ve been feeling burnt out! Have felt that like myself and it’s bloody hard 💐