My job has disappeared during ML...

[emy72]

I have heard through a colleague that due to a recent restructure, my job has disappeared along with a group of other 20 people (all doing the same role). These jobs have been replaced by 10 in the new organisation, and all people in the old role have been invited to apply via application form and interview process + HR consultation. I have not been invited to any of those (I am on maternity leave and due back very soon). In fact I haven't even been told about the restructure, so it's all come as a shock to me. I am a bit put out as, although I don't think I will be made redundant, I fail to imagine what will I be offered on my return and would have quite liked one of those jobs- I am also one of the most senior in the team so I would have had a very good chance of getting it. I am really annoyed that I am not being offered the opportunity to apply, etc what should I do/does anyone know where I stand?
any advice appreciated....

Yes, not only should you have been involved in the consultation exercise, kept informed and been given the opportunity to apply with your colleagues, in fact while you are on ML if your job is redundant and there is a suitable alternative available, you must be offered it, not required to compete.

As it is, you are not even being given the chance to compete.

thanks!
I have only just found and feeling v flustered so I am waiting to calm down before I talk to HR. I wanted to be aware of all my rights before I did, as then I can construct the conversation accordingly....I have rooted around online but it was all a bit woolly. Your advice is invaluable, thankyou.

It's sex discrimination not to include you or disadvantage you because you are on ML, and the bit about having to offer you a job if there is one available is the Maternity and Parental Leave Regulations 1999, Regulation 10.

Flowery- does this also apply to people on adoption leave?

No, sorry purplehat. Just maternity leave.

I don't think.

Hang on.

Ooh, maybe it does. You certainly can't suffer a detriment because of taking adoption leave but searching now I am finding some stuff suggesting the reg 10 bits apply as well.

I want to double check just in case, don't want anyone marching in demanding things! Will check text of legislation.

Thank you so much
I can't say too much on here but this kind of situation is very likely to affect me.

Sorry to the OP for the hi-jack!

I learn something every day. Seems it does apply in the same way, see below text of Reg 23 of Paternity and Adoption Leave Regulations 2002

"Redundancy during adoption leave
23. - (1) This regulation applies where, during an employee's ordinary or additional adoption leave period, it is not practicable by reason of redundancy for his employer to continue to employ him under his existing contract of employment.

(2) Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of his employment under his existing contract) alternative employment with his employer or his employer's successor, or an associated employer, under a new contract of employment which complies with paragraph (3) and takes effect immediately on the ending of his employment under the previous contract.

(3) The new contract of employment must be such that -

(a) the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for him to do in the circumstances, and

(b) its provisions as to the capacity and place in which he is to be employed, and as to the other terms and conditions of his employment, are not substantially less favourable to him than if he had continued to be employed under the previous contract."

There you go. That's the same as Reg 10 for maternity leave.

That's great- thank you so much! I really appreciate you looking into this for me

One less thing for me to worry about- phew!

No worries. I'm quite impressed with myself actually, checking the times of my posts that took me 4 minutes.

A darn site quicker than asking my own HR department has been.

I just checked and I have emailed them 3 times about this- the last time was 16 days ago and I have still not had a response.....

I guess some of us are just much much more efficient than others...

You could always email them very helpfully suggesting that, given their research is proving time consuming, you are suggesting they may find the answer they are looking for in the Paternity and Adoption Leave Regulations 2002, and if you are not mistaken the relevant section is Regulation 23.....

Or perhaps that's overly sarky..?!