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Original poster

redundancy on maternity leave - what rights have i got?

13 replies

melarnz · 07/01/2009 16:27

hi

i have just started maternity leave and have been told that there will be some redundancies in the branch where I work.(i havent even had the baby yet!!)

although i have the longest tenure (by some way) i am the only part timer.

i worked as an audit manager befor i left, and they have replaced me until i return. There is only 1 audit manager per branch.

i was called this morning saying my role is one of those under threat and the consultation period is underway. A letter is on the way to confirm everything.

questions

Can they make me redundant, but keep the person i trained in that job role (there is only 1 in each branch)?

is there a set criteria companies generally use (ie last in 1st out)?

can they discuss redundancy with me whilst on maternity?

any help would be appreciated. as far as i can work out, it is because my branch is over staffed by one person, and im worried because im not there and part time, it would make sense for them to oust me!

Any help would be greatly appreciated.

OP posts:
HSMM · 07/01/2009 16:39

They can't make you redundant just because you are on maternity leave, but they can make you redundant (I was made redundant a week before my maternity leave was due to start). Speak to your local Citizen's Advice Bereau and they will be able to give you all the information you need to protect yourself from unfair dismissal. (You may still be made fairly redundant though)

flowerybeanbag · 07/01/2009 19:07

melarnz you do have extra protection from redundancy while on maternity leave to an extent. If there are any suitable vacancies, they must be offered to you first. So you can't be put in a pool or put through any kind of selection process like everyone else. If there is something that is suitable for you, it must be allocated to you.

However if there isn't a role suitable for you, you can be made redundant like anyone else. You do still get your SMP however, regardless of whether you are still employed there or not.

Is the person you trained your maternity cover or something? They couldn't keep your maternity cover and make you redundant, that's your job not his/hers.

I think you're best to see exactly what the letter says and then come back as it will be easier to advise you then.

Original poster
melarnz · 07/01/2009 19:44

the guy i trained is my maternity cover. he was promoted from another position to cover me while im away. there are 8 positions in the branch of a lower rank, but 9 people, so one person has to go. would i be entitled to one of those positions or a current vacancy?

OP posts:
flowerybeanbag · 07/01/2009 20:08

If there are 8 positions suitable and 9 people 'competing' for them, then you should be entitled to one of those.

However, if you work part time hours and the positions available are all full time, that's where you may have a problem, as none of them would be 'suitable' for you.

Original poster
melarnz · 07/01/2009 20:10

ok - ill wait for the letter and see what it says. Thanks soooo much for your help.

OP posts:
DD1ofcolandgerry · 10/01/2009 21:14

Flowerbeanbag,

can I pick your brains as you seem to know about this sort of thing!

my employer is redesigning a service when i am on maternity leave. I manage part of this service. My post will no longer exist, and I am being told I wil have to interview for the new posts at my level as there are others eigible from other servces who this redesign also impacts on (basically merging 2 groups of staff).

You said above that

"If there are any suitable vacancies, they must be offered to you first. So you can't be put in a pool or put through any kind of selection process like everyone else."

I would be interested to know where this comes from, as I will use it if necessary. Is it law in the UK, and if so, which one and where would I find it?

thanks

dd1

flowerybeanbag · 11/01/2009 10:18

DD1 it's Regulation 10 of the Maternity and Parental Leave Regulations 1999. Best link and explanation i've found is this page on the Equality Human Rights website, explains the rule and what happens if it's not followed.

DD1ofcolandgerry · 11/01/2009 21:38

Flowerbeanbag,

many thanks for that, Im going to contact my union as well, and get them to fight this one for me!!!

I dont fancy an interview during mat leave when Ive a baby on my boob, a toddler at my legs, and my head is dear knows where!!!

Just one more thing, do they have to call it redundancy for this rule to apply. Its NHS and they are redesigning and merging 2 services, so instead of say 8 posts at my level, there will be just 4. Apparently we are sort of protected as we are NHS, and they have to offer us alternatives if we are not successful at interview for the new "service". Do they still have to offer me a post in the new service first??

dd1

susia · 11/01/2009 23:20

Hi, I got made redundant whilst on maternity leave for a council. Apparently they can do this if they delete the post and theres nothing suitable. what they offered me was the chance to be in the redeployment pool for 6 weeks when I returned before redundancy.

But that was a really crap option as I could have been offered anything and if I'd turned it down I would have lost my redundancy pay. So I took the redundancy which still annoys me 5 years later.

I'm not 100% sure whether it was legal or not but as it was the council I assumed it was and was too befuduled from having a baby to argue.

flowerybeanbag · 12/01/2009 13:44

DD1 if you are going to get an alternative job either way, and are not at risk of redundancy, you'd probably struggle to say that rule applies tbh. The rule is to give you extra protection from redundancy, not to give you an advantage over others in terms of moving to different jobs.

DD1ofcolandgerry · 12/01/2009 21:07

Flowerybeanbag,

thanks for all the advice

dd1

REMIZERO · 20/01/2009 16:26

Hi,
I am currently on maternity leave and there has just been an announcement that they are going to possibly shut out depot so we are on 30 days consulation. If there were to be any transfers to another depot that i would be capable of doing is it true that I would not have to apply for these roles and go through an interview process.

Sophie2008 · 26/02/2009 15:07

Hi,

I am cuurently on maternity leave and I have just been told that there is one to many people employed.

The issue that i have is that last april a guy was employed as apparently an "additional" member of the team for projected growth. He is on a permanent contract. He took over my role while i'm on maternity leave.

Now that I am due to return in a few months it's been decided that on my return there will be one too many people and therefore one of us needs to be made redundant.

If they had of employed a person on a temporary contract then there would be no need to make anyone redundant.

I feel like they are trying to push me out!!

Has anyone got any advice??? PLEASE!!!

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