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Original poster

Could I be made redundant whilst on maternity leave?

24 replies

MamaG · 27/01/2009 08:45

Mate has texted me today to say there is a letter on everybody's desk saying they will be making somebody redundant and are asking for volunteers by Friday. If nobody comes forward (which I doubt they will) then they will decide who it is.

I'm on maternity leave at the mo and I'm worried that they'll be thinking "well, we've managed without her so far..."

Are they legally allowed to make me redundant whilst on mat leave? I started it 1st Nov 08 (ish) and am only receiving SMP

OP posts:

Libralovesbiscuits1975 · 27/01/2009 08:48

I am not an employee expert but yes you can be made redundant whilst on maternity leave. I think there are extra rules however i.e if there is a safe job that you qualify for then you must be offered it ahead of any other qualified employee.

Original poster

MamaG · 27/01/2009 08:48

oh arse

thanks libra

OP posts:

PuppyMonkey · 27/01/2009 08:49

I don't think they are legally allowed to while you're on maternity leave. You're proper protected. They HAVE to go for others before you, iuswim - otherwise they could get done for discrimination. That direct.gov website thingy might have the proper guidelines I can't find the bleddy link....

prettybird · 27/01/2009 08:52

According to flowerybeanbag (do a search on her plus maternity), if there is a suitable role, then you have to be placed in it. You do not have to go thorugh a selection process. So if there is only one person to be made redundant, then you should be safe.

However, they may not know the law.....

sophiaverloren · 27/01/2009 12:30

I am in no way qualified, and everything I know is just from reading up on it on the internet, but my understanding is that if they are asking for volunteers by Friday, then they don't care who goes - ie you all pretty much do the same job and could cover for each other. Is this the case?

So therefore, the jobs remaining will be what you can do. And therefore, one of those jobs is yours as you are protected on maternity leave.

I'm sure someone else will be able to say more definitely, so this is a bump for you too. I'm not sure of how it works that you have not received this letter too - I'd like to think it's because they know their stuff and are keeping you out of it as you are protected on maternity leave.

Fingers crossed for you(that someone else answers and that you keep your job!)

CatIsSleepy · 27/01/2009 12:40

friend of mine just got made redundant whilst on Mat leave

so yes they are allowed

but prob not allowed to make redundant because you are on leave-I assume that would be discrimination?

CatIsSleepy · 27/01/2009 12:41

hasten to add, she wasn't the only person to be made redundant
i think there were 5 people and only 3 jobs remaining

Original poster

MamaG · 27/01/2009 12:44

Have now received a letter saying they are considering making my position redundant

I'm the only one who does my job

Think i'm for the chop. Ho hum.

OP posts:

llareggub · 27/01/2009 12:49

MamaG, you can be made redundant during maternity leave, but as others have said, if there are suitable roles available for you and some people won't be made redundant, then you should be given one of the available posts.

Check your household insurance as you may be covered for legal fees in the event of a dispute, or call ACAS who will be able to advise.

prettybird · 27/01/2009 13:37

...and the key thing is you should be given - you shouldn't have to go through a selection process.

HSMM · 27/01/2009 13:40

I was made redundant when approx 30 weeks pregnant, but it was apparently all legal and above board.

prettybird · 27/01/2009 13:48

That does seem to be where the protection falls down: you only have this adtional protection if you are actually on maternity leave.

llareggub · 27/01/2009 13:51

Legal and above board so long as the reason for your selection wasn't due to your pregnancy or impending maternity leave.

TigerFeet · 27/01/2009 13:57

Oh no MamaG that's rubbish

I'm in a similarish situation, my job is at risk and I am pregnant but not due to start maternity leave for quite some time yet. One of my colleagues is on ML atm and is also at risk. We've been given selection criteria and we have been told that those criteria will be adhered to with no exception so there seems to be no emphasis (either way) placed on who is pregnant/on ML. There are four jobs available between six of us. Myself and a colleague are waiting to hear whether a job share will be considered in the hope that one redundancy can be avoided. Would you be able to do anything like that?

TBH I think it would be grossly unfair on my colleagues if I were guaranteed a job because of my pregnancy HOWEVER if I lose my job I am obviously going to struggle to get another one.

I have been doing swearing a lot recently

Original poster

MamaG · 27/01/2009 14:57

I'll keep my fingers crossed for you TF

Sadly I'm the only one who does my job so there's no chance of a job share with anybody.

OP posts:

FatController · 27/01/2009 15:39

Mama G are there other vacancies in your company? Is there any recruitment going on?

If your employer makes people redundant, they can't use pregnancy as a reason to select you for redundancy over similar employees. If you are being made redundant during your maternity leave you must be offered a suitable alternative job if there is one.

Original poster

MamaG · 27/01/2009 16:34

No vacancies at all, two others have had to take cuts in hours and there will be another two made redundant besides me

OP posts:

grumpyfrumpy · 27/01/2009 17:36

This reply has been deleted

Message withdrawn at poster's request.

OneLieIn · 27/01/2009 18:41

Hi mamaG - sorry to hear about all of this. I was made redundant first day back from mat leave. I sued them and won (I guess I can say all fo this as I am anon on here)

Anyway, I learnt a lot during the process. The first thing is that while you are on mat leave, they can communicate with you, but in writing. If you don't get a copy of this letter sent to your house, you should plead ignorance. They have to notify you in writing of proposed changes and redundancies.

Secondly, they have to use criteria and score you against the 'peers' you have who do this same position. They have to make these scores available to you on request. In my case, there were no criteria and no scores, I was selected because I was on leave (I assume).

So, if they don't notify you, they break the law. If they don't mark you fairly, they break the law. You are very well protected under the law.

Sit tight, do nothing, don't make any contact with them and see what happens. I understand it is a trying time, but sit tight and see.

OneLieIn · 27/01/2009 18:43

Sorry, just read that they did notify you - was that to your home address?

They have to consider you for other positions . They have to use criteria for scoring (even if its only you who does your job, other people with similar skills have to be scored against you).

What does the letter say exactly?

llareggub · 27/01/2009 18:46

While MamaG is on maternity leave she should not be put through a selection process for a suitable job. She must be given the job over other, similarly qualified and experienced people who are not maternity leave. So where there are 3 people "competing" for 2 jobs, MamaG gets 1 job, the other two people must go through whatever selection process has been agreed.

This only applies during maternity leave, not pregnancy.

Ivykaty44 · 27/01/2009 18:48

Just a thought - if you are the only one that does that job, (it is the job that is redundant - not the actually person) then effectivley they can't get anyone else to do that job.

So how will they get on without anyone doing your job?

Original poster

MamaG · 28/01/2009 09:32

I'll try to answer all the Qs!

They wrote to me at home (after I'd posted here!)

I work for a firm of Solicitors as a litigation paralegal. I was the only one. I used to deal with divorces under Legal Aid. The firm no longer does Legal Aid work so htere are no new instructions coming in = no need for me!

OP posts:

Original poster

MamaG · 28/01/2009 09:36

new thread here if anybody can help?

OP posts:

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