Redundancy on Mat Leave - Help me.

[Mountfuckballs]

I’m spiralling. We are completely reliant on my wage to survive, I had savings to cover 6 months but then I had a surprise baby and now I’m skint, and being made redundant on maternity leave. Bastards.

Baby was born 16th January.

Im hoping there’s a HR or employment law bod around who can help me unstick a couple of points:

1. i get 6 months maternity leave at full pay. The company allow you to split this across the full 12 months if you want to and I chose to do this. Can I argue for them to pay me the remainder of my enhanced mat leave due to the fact I chose to split what I’m entitled to across 12 months instead of 6?

1. When I left for mat leave, they split my job between 5 other people instead of hiring a replacement, and none of those 5 people are up for redundancy, just me. Could this be a negotiation point for me given it could be seen as them effectively reassigning my job with no intention of me having it back when I came back? I have emails where I flagged that this was a concern before I left.

1. I’m not in a pool of other people as I’m the only person with my job title - do they still have to justify why my role specifically has been identified as redundant and how they came to that conclusion?

Can anyone think of anything I need to ask in my
meeting this week?

Can you speak to ACAS for advice?

I’m calling them first thing in the morning. I was only made aware of this at 5pm this evening.

I recommend a website called Valla. You can pay for the level of advice you need and it’s much cheaper than an employment solicitor.

If you’re not ready for the meeting (ie you want more prep time) then check your rights about delaying.
do you have access to a copy of all the evidence? Screenshot it now.

Pregnant and Screwed have good advice on these sort of issues. I would try them help.

Without seeing the terms and conditions it is impossible to be sure, but you may well have an argument that you should receive your full maternity pay entitlement.

What they are doing may be unlawful discrimination. You need to consult a solicitor urgently. Pregnant and Screwed give good advice. Also, your insurers may be able to help if you have legal cover with your home insurance.

As you are on maternity leave, they must offer you any suitable alternative role that is available even if you are the worst candidate for the job.

I recently got made redundant on maternity leave and the circumstances sound extremely similar. I fought it and fought it, but in the end unless I chose to take them to court there was nothing I could do. I sincerely hope you have a better outcome!

I was paid the remainder of my enhanced and statatory mat leave pay, plus all outstanding annual leave and bank holidays, plus my 12 weeks notice. It was all paid in one lump sum in my final pay check.

Being honest there’s only you with that job title is a big factor sounds like that role has gone the fact the other 5 are there in different roles doesn’t make a difference

have you asked about redeployment

but the key thing is like the rest of us you can be made redundant in mat leave

It is very difficult to say for sure without knowing all the circumstances but it sounds like you have a good case for discrimination based on the fact that only you are being considered for redundancy.

A lot will come down to whether it is a genuine case that your role is no longer needed or whether it is that your absence on maternity leave has made them realise they can manage without you. If that is the case then they should be looking at all five of you, not just you. As prh says, they should be giving you first dibs on any alternative role.

I would definitely seek legal advice.

She’s the only one in the role there making redundant

But they have re-allocated the role amongst the five. which means that is there is a genuine redundancy situation then they should also be considering whether one of the other five peoples roles could be re-allocated in the same way. Is it the maternity leave that has instigated this (unlawful) or is it a situation where a lost contract means they no longer need someone to do OP's job (lawful) or there has been a genuine re-organisation in which case everyone will have been considered and there needs to have been a fair, transparent process.

OP, have a read through this https://pregnantthenscrewed.com/redundancy-rights-during-maternity-leave/

Get a decent employment lawyer and negotiate.

I just looked up who some of the lawyers that were used my coworkers during the layoffs we have been enduring since 2023(!!!) at Meta / Facebook...

Edit: it wont let me post their emails so I PMed them to you.

You are unlikely to keep your job but you can make them pay.

Thanks all,

I spoke to ACAS this morning and they’ve given me some good advice, and think I need to ask the question about the redistribution of my role. They said I have an argument that the redistribution of my role BECAUSE of maternity leave saved the company money and they then realised they could do my job without me, but had I not gone on maternity leave, those members of the team would not have skilled up to do my role and therefore it could be discriminatory because I’d still have my role if I hadn’t gone on leave.

I don’t think I can keep my job, the ideal situation would be being offered a similar role on another team but I think that’s unlikely too. I just need to get the highest settlement I can now so I can keep the family going until I find something else.

They said I have an argument that the redistribution of my role BECAUSE of maternity leave saved the company money and they then realised they could do my job without me, but had I not gone on maternity leave, those members of the team would not have skilled up to do my role and therefore it could be discriminatory because I’d still have my role if I hadn’t gone on leave.

They have explained it far better than I did!