on maternity leave, restructure and redundancy

[ApuskiDusky]

Flowery, Ribena, or anyone else who can help, I'd really appreciate some advice on my current position. Sorry if it's a little long.

I am 3 weeks into formal maternity leave, and knew before I left that a restructure was about to take place. I have received the new structure today, and will be put on a 3 month consultation period in a couple of weeks. The roles reporting into my current boss have been designed, though not the level below that yet. In my department, two new roles have been created, replacing the roles at the level I am currently at. That means that either my job has gone (most likely) or they will put a version of it into the structure at the next level down, i.e. make it more junior.

They have said that they will advertise the two new roles - I could apply for either - basically, half my existing role moves into one of the roles, and the other half moves to the other. There is at least one alternative candidate for each role that I would say is more obvious than me.

I'm worried about having to formally compete for these roles against people who are currently at work - I had a difficult pregnancy with hyperemesis, taking time off and performing a little under par in the run up to my leave, plus I am now mentally very removed from work. Will I be expected to be interviewed for these roles?

Also, I am aware of the legislation that says that if someone's role is redundant whilst they are on maternity leave they should be offered any suitable vacancy. I'm not sure if this means that I should be offered one of these roles without formally being assessed/interviewed for them?

Finally, is it worth getting some one off advice from an employment lawyer at this stage so I am clear on what the company should be doing regarding my maternity leave?

Thank you!!

Yes, you will have to interview for these roles.

If your made redundant while on mat leave your mat leave continues for the duration and the company still have to pay you SSP.

However they must offer you a role without interview/assessment while your on mat leave if your made redundant.

Sorry should make that clear. You'll probably have to interview for a role if you prefer a choice (i.e. one over the other).

However they must offer you one but you can't say which one. If you want the other one your not offered you'll have to apply and try to get it that way.

That's interesting seeyoukay - my take is that they don't think they have to give me one of the two, and that they expect me to compete equally with other candidates. In this scenario, I think the most likely outcome is that both jobs would be offered to other people because they will base their decision on who can demonstrate the most 'delivery of recent results'. The idea of having to be interviewed less than 3 months after having a baby is a scary prospect!

Maybe legal advice would be appropriate then?

You do have the right to be offered a suitable vacancy without having to compete, yes.

However it's fine to interview you or conduct some kind of assessment for a suitable vacancy as long as the assessment is for the purposes of working out whether the role is suitable or not, not for the purposes of competing against colleagues.

In this situation where there are two new roles, neither of which is the same as your current role, some kind of assessment process would be fine for those reasons. The fact that they are two new roles also helps you argue that they are 'vacancies', the definition of which is debatable in a redundancy situation in the context of suitable jobs for a woman on mat leave.

I would suggest you write to them, pointing out Regulation 10 of the Maternity and Parental Leave Regs 1999 indicating that where there is a suitable alternative vacancy, it must be offered to the woman on mat leave. Say that you believe one or both of these roles are suitable and would therefore like them to indicate to you how they will be proceeding in the light of this piece of legislation.

They will then run off and do some research/speak to a solicitor, then come back to you. Depending on their response, you can work out your next step which may involve seeing a lawyer yourself.

Lurking for advice as could be in the same position next month.

Thanks flowery, that makes sense. The detailed role profiles will be sent out soon so I will have a better idea of exactly where any points of debate on suitability will lie, and I'll raise reg 10 with them at that point.