Is this a genuine redundancy situation?

[lourson]

Sorry in advance, but this is long!

I have been with my company for 7 years and am currently on maternity leave with DS (I have a DD as well who is 4). I am due to return to work in July but have requested 4 additional weeks of Parental Leave.

My boss left shortly after I went on Maternity Leave and I have since been corresponding directly with the CEO/Managing Director although a replacement for my old boss started about a month ago.

I travel to London for work, my husband now works in central London (whereas when we only had DD he drove to work and was a able to drop off and collect her) as well and it is physically impossible for us to pick up the children by 6 pm.

My company has an office very very close to my home (10 minutes away!) and I spoke to the CEO to ask if maybe I could work a few days from there each week or if not possible in my current role, I would be willing to consider leaving my current role and changing departments to be able to work in the office nearby.

He phoned me last we to say he had spoken to a few people but there was nothing in the office nearby and I could not perform my current role in any office other than the London office.

At that point I was not happy, but at least I have a job right? Albeit a full-time job far from home, I still have a job. Wrong.

He then goes on to say the following: "Well see that's another thing, we have plenty of people in the department now, and are not sure we need you back there. I know that if you are off for 12 months I have to find you a position, but it does not have to be the same position and I am currently trying to find you a suitable role."

At that point I said nothing. We arranged to speak again on 30th May. So basically I think they will try to force me into a role that is not similar or suitable or they will make me redundant.

Am I correct in thinking that my job still exists and this is not a genuine redundancy situation? Why should I have to take another role when they have effectively replaced me? What do I do now?

Not sure about the legal situation but I thought they have to keep your job open whilst you are on maternity leave. No doubt companies can do all sorts of things to try and get round this - but why not google employment law - I am sure you will find lots of useful info, and there will be legal brains along soon to reply to your post. Good Luck.

I think if you take more than six months, they have to offer you a role on the same pay/level but not the same job.

However he cannot make you redundant just because he has other people who can do the job. So he must offer you a role, or if he wants to make someone redundant, he has to consider all the people in your department at your level for redundancy and go through a publicly transparent selection process.

I'd sit tight, wait and see what happens and keep copies of all your communications and copies of any commendations you received before you went on leave. Then if he tries to make you redundant against your will, appeal the redundancy and then go and see the CAB. They'll take a look at the specifics and tell you if there is anything you can do.

Also, check you have legal cover included on your house insurance because you might need it.

I hope it doesn't come to that. Good luck.

They did something similar to my friend - told her that she couldn't come back to her old role and then the job they offered her instead was far more junior.

I have no constructive advice other than to say that she sued them for unfair dismissal and one - her legal costs were covered by something obscure like her household insurance, which had cover for this kind of situation.

I really hope it doesn't come to that for you, but if it does, check all your insurance policies as one of them may cover this.

Sorry, x-posted with kathy and of course she won not one!

It's down fo company policy my xompanys policy is they keep your specific role open for upto 6 months however after this hey can then offer you another role within the same organisation same grade/salary etc .....

Thanks for all the advice so far.

I guess I just have to sit back and wait for him to decide what he wants to do. He did say there were currently no positions within the company, but he would try to find me something. Also if someone decides to leave my department (maybe one of the 2 people he hired after I went on ML!) I could have my job there back!

Have a look here lots of useful advice.

But for you situation this is what you're looking for:

"When returning to work after ordinary maternity leave (the first 26 weeks of your Statutory Maternity Leave), you have a right to the same job and the same terms and conditions as if you hadn?t been absent.

This also applies when you come back after additional maternity leave (the last 26 weeks of your Statutory Maternity Leave). However, if your employer shows it is not reasonably practical to return to your original job (eg because the job no longer exists) you do not have the same right. In that case, you must be offered alternative work with terms and conditions as if you hadn?t been absent."

Am I reading too much into the situation to think that it is reasonably practical to return to my original job considering my job still exists?

Also 2 people were hired after I went on leave and 1 person was hired 2 weeks before I went on leave.

Sorry I am confusing myself now and starting to get stressed!

As I understand this (as an employer) if your job is still there then you are entitled to ruturn to your job.

If your job no longer exists (and that doesn't just mean that they've given it someone else - they would have had to hire your replacement on a fixed term maternity cover contract) then they must offer you another job with no less favourable terms than your original job.

If they can't offer you either then that would be a redundnacy situation.

TidyBush its down to company policy to a degree as I found myself in a similar position last maternity leave my job existing but my manager offered me another position with flexability rather than shifts....

Our policy states that your job will remain open for 6months, after that time you it might not be viable for you to return to that role (I've just started mat leave again) and I queried it again as my dept is poss being outsourced (IT) whilst I'm away.....

I think your best bet is to sit back see what he comes back with, I went away last time as a line manager came back same salary but not a line manager but had management responsibilities etc...which to be honest having no one to line manage is a hell of a lot less stress

This is definitely not a genuine redundancy situation!!! You have special protection from being made redundant while you are on maternity leave.

You may be reading a bit much into it as it does sound like they are going to offer you a suitable role.

It all sounds a bit hypothetical, at the moment you don't know they will try and force you into an unsuitable role or make you redundant.

Yes if it is possible for you to have your old job back, then that's what you should be offered, so if there is a maternity cover in your job at the moment, for example, that should in theory be perfectly possible. But you don't want it anyway, do you? You want to work in a different department/office. Would you actually go back to the exact same job in the London office if it were offered you?

If it could be offered you quite easily, they should do so, but on the other hand I wouldn't advise getting hung up on principles if you wouldn't accept the job anyway. If you wouldn't accept the job anyway and there is nothing else suitable, then redundancy might be the best option for you anyway.

Wait and see what they say before jumping to any conclusions and then decide what to do.