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Right to return to work and redundancy - HELP

2 replies

carlymarx · 11/05/2010 12:25

Hello I just wondered if anyone had any experience (professional or otherwise) and could give me their views on my situation.

I returned to work after maternity leave less than three months ago on a part-time basis. Redundancies have now been announced, including my role. My question is this: shortly before the redundancies were announced (i.e. just weeks ago) someone was appointed to a role in my department doing similar work to me. She has much less experience and is consequently much cheaper to employ. Only one job is going in my department, and clearly if my employers had not just employed someone new, I would not be facing redundancy.

I am slightly concerned that, because the firm is in financial difficulty, and I am the most experienced/expensive, then I am likely to be the prime target. If they were to make me redundant in these circumstances, doesn't this rather make a mockery of my statutory right to return to work, and would it amount to discrimination.

Any thoughts would be v. much appreciated.

OP posts:
OutnumberedinHants · 12/05/2010 09:52

Hi carlymarx.
Your employers should follow proper assessment procedures in a redundancy process so just because you are the most expensive doesn't make you the target. You say that you are the most experienced and this could be in your favour for retaining the position. What I would also mention, having unfortunately been on both sides of a redundancy process myself is that employers will, given two employees of equal standing, look for the most adaptable person - particularly relevant when an organisation is going through change.
In addition if you have a big organisation the employer should look to see if you can fill another role.
If nothing else it does sound as if you would have a right to appeal- worth looking at the ACAS website. I have come across the situation where other returners to work have taken their case to an employment tribunal. outcome awaited.good luck.

carlymarx · 12/05/2010 20:57

Thanks for your response outnumbered. I take your point about fair selection procedure. Although, am I cynical to think in a small organisation like mine, employers can pretty much set the criteria to suit who they want to dismiss and who they want to keep?

I will have a look at the ACAS website. I am veering from one minute thinking that they will definitely be trying to keep costs down by getting rid of experienced staff in favour of cheaper labour, to the next thinking they would be insane to let me go! The waiting is driving me mad, I have virtually (in my head) drafted my application to the Employment Tribunal, and I haven't actually been made redundant yet

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