Possible redundancy situation whilst on Mat Leave (sorry its long)

[butterscotch]

Okay so these things are not clear cut....

I work for a company that has an excellent maternity policy, a year 1/2 salary and some other benefits when I come back to work and generally a good company to work for! Our HR department are something to be desired though as last time I was on maternity leave they messed up my pay big time I had it in writing from them my intended return to work date and the holiday I was taking, and timed it so I would get paid the week I returned. The dappy women in HR was also advised by Payroll that my maternity pay was finishing and what was happening with me....anyway i didn't get paid had travel/childmind costs to cover...so eventually after much arguing I got half my salary paid the same day the rest the following week, and no proper apology so they don't feel me with great confidence!

I also love the location of where I work.

My job changed just before I found out the department is potentially being outsourced....My new job in theory could be kept in house (it was implied at the meeting discussing my new role, which is where it was implied that this role would be safe if we were outsourced...) I love my new job role, I have a supportive manager (seriously lacking perviously), however I was told about role and I was literally was 3 weeks pregnant...I didn't tell anyone till I was 6 weeks had to tell my manager as I was being sick 6-8 times a day? I didn't want him to think I was hung over or a slacker....I've worked with him but not closely....

What rights to I have during maternity leave? My concerns are I had a chat with my Director (my apparasial as my manager recently got sacked very dodgy grounds I only know the details as I was in his appeal hearing as his independent witness) I've said I'm really keen to come back after maternity leave full time and that I'd love to come back to the same job he was non-commital....understandably but I feel quite nervous about the whole thing!

I'm due to go on Maternity leave in March, the decision about jobs/outsourcing will be made July time....

My understanding from reading through Acas website and redundancy policies in the past....means that they have to invite me to all the meetings/discussions with all staff? they have to treat me the same?

If I can't come back to my department I would happily go and work somewhere else in the business though I have no direct experience in the other areas, but would be willing to train etc...

I intend to get a blackberry for my private email so I can keep in touch with friends on the gossip of the office! especially if I'm missed on a communication....

Also if I apply for a sabbitical to attach to the end of my maternity leave, and its agreed in writing, then I get outsourced do they have to honour it? I understand "toup" law has changed recently? If I get made redundant I take it I lose it?

Not sure if anyone can help sorry to blab on its been playing on my mind for a couple of months now!!!

I don't work in HR but have managed a number of teams over the years, which involved redundancies. From my experience, anyone on the first 6 months of mat leave is safe as houses, and cannot be made redundant. Redundancy prior to mat leave could be possible, but it would have to be in the context of an entire team, ie you couldn't be seen to be being singled out due to being pregnant.

Once on additional Mat Leave (ie after 6 months have passed), you're not legally entitled to the same job, but they must legally offer you a similar job at the same level/same salary etc. If there are no jobs available which meet this criteria, you would face redundancy. If you turn down jobs they offer you which meet this criteria but which you don't wish to do, you would not get redundancy.

Not sure if this helps at all - good luck!

Thanks thats good to know the first 6months I'm safer! As thats when the decision should be made although it won't be in effect till the October time..... so I might just scrap by!

Thanks Trampoline x

Sorry to disagree but it's perfectly possible to make someone redundant during maternity leave, as long as it's a genuine redundancy situation. Whether it's during the first or second six months of leave is irrelevant.

During the first six months you are entitled to your same job back, and during the second six months you are only entitled to a suitable job on no less favourable terms and conditions. But if there's a genuine redundancy situation during the first six months, you could certainly be made redundant.

You do have extra protection during maternity leave in that if there is a suitable alternative vacancy available, you must be offered it in preference to other colleagues. This protection applies throughout maternity leave, not just in the first six months or anything like that.

They should include you in any consultation process, which could either involve you going in for consultation meetings, or if yo prefer, some other arrangement to ensure you are included.

If you are redundant obviously you won't get your sabbatical as your employment would end anyway. If you are transferred to a different employer they must honour your existing terms and conditions of employment, so the question would be whether an agreed sabbatical was part of your employment terms and conditions. It might depend on how the sabbatical was agreed, but I have to say, in the context of a possible outsourcing, your employer might be less inclined to agree one anyway.

Thanks Flowerybeanbag I'm hoping they kind of forget about me and have to place me within the organisation or IS.....if they forget about me/don't involve me then its harder for them to make me redundant if they haven't followed due process...

I would second what Flowerybeanbag says.

Butterscotch - you may feel like it's better to be ''forgotten'', but it will not mean that you avoid redundancy, I'm afraid. The reality is that they will have a certain number of roles, approval for a certain level of headcount, and a set budget for salary costs.

If you are ''forgotten'', it will not mean a role magically appears for you to return to - or even if by some miracle there was a role to put you into, it may be a role that is so not what you want to do, you land up turning it down and therefore don't get redundancy at all!

You know about the situation, so don't bury your head in the sand - stay informed, make the decisions as needed and don't be fooled into thinking that a maternity sitation makes you untouchable.

Thanks EvilHRLady, I guess i was wishful thinking...

I'm confused even more now after this weeks convo with my manager!

My Sabbatical got signed off I wasn't expecting to be agreed tbh I really wanted to hold out till both children were at school at take the summer hols off with them...but my job is at risk so I wanted to get it applied for so if I do get outsourced its agreed in principle so should be standing! Its 5 weeks full pay! I'll top leave for a week or two on top before I go back as well.

On my maternity letter that I applied for the Sabbatical at the same time, I put a note about possible return after 6months if the law changes that my husband can share maternity leave.

I had a bit of a weird convo with my manager yesterday, it took me just over 2hrs to get to work today so I sort of grumbled when I got there.....he asked was I in a bad mood I said no just hate it when travel is a pain! anyway he said he has good new showed me the form my director has signed off my sabbatical for me.....but said my director was a bit shocked and worried about my possible return after 6months if the law changes.... which makes me think I'm on the target list of redundancy Confused We have a good package compared to some i.e. a months salary for each year you have worked plus your notice period....so if it happened now/this year it would be 7 months pay....which sounds nice but in the current job market isn't brilliant

He also said the other day that my Director was thinking of getting an ITIL specialist (ITIL is an IT qualification that I'm supposed to be working towards I've done the first part but the next part 2 weeks residential course and abotu 6 exams I intend to do on my return as I can't get booked on a course before) he said basically using them like a consultant.....our maternity policy states that my role only has to remain open to me for 6months then then have to offer me another role within organisation but as my department is at risk of outsourcing I'm a bit scratch Tis very frustrating not knowning what is going to happen!

I can only hope some of the work I have done recently massive savings on telephone bills, improving reporting, sorting assets out, organising the childrens party for all of Company is going to go in my favour.

Now I'm really concerned they are going to try to get rid of me whilst i am on maternity leave