26 weeks prg and at risk of redundancy I need some legal advice please.

[gingerninja]

I've been told that the two full time positions (I do a 'job share' on one although legally we're just two part timers) will become one after a consultation / application process.

The lady I 'job share' with is currently on maternity leave and has indicated to me that she's not sure about returning and may take voluntary redundancy.

As I'm at this late stage in pregnancy I need to know.....

If I'm made redundant before maternity leave commences do I loose my maternity pay?

If I'm made redundant while on maternity leave do I get maternity pay and redundancy?

Can they make me redundant if the job is full time and I'm only part time?

Many thanks in advance I feel very vulnerable at the moment.

Bumping for you - poor you

Thanks, a shameless bump for myself too.

could you call Acas helpline on 08457 47 47 47

Thanks, I'll give that a go. Who are ACAS?

acas

Wait for Flowery - she is the expert! You should be aware that in some ways, the sooner the process happens, the better for you. People on Maternity Leave are more protected than those who are pregant. If you are both in the pool, ML one would get the job. That is a bit simplistic.

as for pay, I am afraid I don't know what the position is. check out the www.direct.gov.uk website. I am sure you should get something...but if the contractual position is more favourable, you may not get it.

They should be treating you with kid gloves though...and bending over backwards not to discriminate or do anything they shouldn't.

Good luck.

Thanks for that. I'm not due to start maternity leave until beg March and my job share partner isn't due back until about the same time (although I'm not sure she's coming back). The other person in the mix is the full timer. So if it's one job I'm guessing that she's the better option simply because she'll actually be here to do the job.

I am contemplating bringing my maternity leave forward if it gives me additional security but I'm not sure of my options.

Firstly you will not lose your SMP. Once you have passed 25 weeks you can leave employment and it will be unaffected.

If you are made redundant while on maternity leave you will get your SMP and any redundancy pay owing to you.

Women who are on maternity leave get extra protection from redundancy, so if there is a suitable job, it should be offered to them as a priority, they can't be made to compete with others in a selection process.

If you and your job share partner occupy one of the existing two full time positions currently, I assume you could just as easily occupy the one remaining full time position? In which case my opinion is it should be offered to you and your job share partner as she is on maternity leave. And if you are both on maternity leave, the same should happen.

If your job share partner is seeking voluntary redundancy then you have a problem as your ability to fill a full time position is gone, as is the extra protection she has at the moment. If it's just you left as a part timer, one full timer person and there is one full time job, then they could make you redundant.

If your job share partner is currently on maternity leave, how are her hours being covered at the moment?

Flowery, thanks so much for your time. My job share partner currently has her maternity leave covered by someone that used to work for the company but has taken early retirement. I think the plan was that she was going to cover me when I left but I'm not sure what the situation is now.

I thought as much that if my partner takes redundancy I'd be a bit scuppered so I'll have to wait until she's made her decision I suppose, we've been given until the 9th Jan to apply for voluntary.

Would you advise me to bring my maternity leave forward or would that not make any difference to my situation?

Thanks again, greatly appreciated

Well, if your job share partner changes her mind, bringing your mat leave forward would solidify the situation iyswim - you would both be on mat leave and would both be entitled to extra protection.

But if she is after redundancy your extra protection wouldn't help you really.

Figured as much, thanks so very much for your help. My employers have been next to useless.