Made Redundant while on Maternity leave

[splodge19]

I'm still on maternity leave and spoke to HR a couple of weeks ago informing them that I wished to return to work on 28th February 2011 (this was verbal and I haven't put anything in writing). Before maternity I worked 21 hours. I had asked if maybe I could drop this to 16 hours. HR asked me if I could go into work yesterday to discuss my options. (I have worked there for 9 years).

 

I went in yesterday to be told that my job was no longer there and my work had been delegated out and disolved and redundancy was discussed. I'm a Senior Administrator, and was offered alternative work as a cleaner! or working next door in Customer Service at weekends only (I have 3 children). Neither of these jobs are an option for me, so I reluctantly said I would have to take redundancy. The HR lady said she would see if any suitable work came up in the meantime.

 

I have been given nothing in writing. She asked me about when to take redundancy and I said when my maternity leave pay finishes on about 18th February which she agreed to.

 

I'm the only one as far as I know that has been made redundant. Since going on maternity leave, the bosses I worked for have left and there is now someone new. The new boss is a colleague I have worked with before.

 

I don't really know where I stand, if anywhere! I have been on maternity leave 4 times. The first time I went back to same job. The second I went back to a similar job. The third time I went back to a completely different job, but shortly after I was told they were relocating. I was given the option of relocating, redundancy or they would try and find me another job within the company. I was found another position, my "current" job as Senior Administrator.

 

I understand that I have been off a lot to have children, but I didn't think you could be discriminated against for that. (I can't have anymore children, but they don't know that!)

 

I think I've put everything! Any help would be greatly received. Thanks

[SarEl]

They can't - but you have to show that they are! It is very hard to make someone redundant whilst on maternity leave, but not impossible. They employer is obligated to allow you to return to your existing job, or if that is not possible, to one of equal status and pay. Redundancy must be their final option. That is why so many redundacies happen to happen on the day after someone returns - the protections run out the minute you return. I don't suppose you are in a union - or have any legal isurance with your house etc insyurances?

[Mr lex]

Hi Splodge,

 

A big welcome to the Consumer Action Group

 

I am sure someone with more knowledge than I will be along soon to help.

 

Nine years with the same company and they want to make you redundant !! There are a lot of questions here to be asked I think !!

 

Alex

 

(Sorry SarLe, posts crossed)

Edited January 18, 2011 by Mr lex
beat me to it

[splodge19]

Hi, thank you for your response. There isn't a union, I'm not sure about legal insurance. Would that be part of my home insurance?

 

There is nothing in writing about my request to return back to work on 28th February, just verbal, and I have had nothing in writing from them. Do you think I should put anything in writing?

 

Thanks

[honeybee13]

Hello there. Yes, legal insurance could be part of your home insurance, you would need to check your policy document to see if it's included.

 

My best, HB

[Mr lex]

They can't - but you have to show that they are! It is very hard to make someone redundant whilst on maternity leave, but not impossible. They employer is obligated to allow you to return to your existing job, or if that is not possible, to one of equal status and pay. redundancy

must be their final option. That is why so many redundancies happen to happen on the day after someone returns - the protections run out the minute you return. I don't suppose you are in a union - or have any legal insurance with your house etc insurances?

On this point, my first reaction would be to put your proposal to HR in writing, saying your happy to return to work on the 28th, as the terms of maternity allowance say. then see what they have to respond to that.

 

I would say it's time to keep a paper trail of their proposals, in case it's needed at a tribunal.

 

However, any other input is more than welcome.

 

Alex

[splodge19]

Yes, I think I will send an as discussed on...letter expressing my wish to return to work on 28th February tomorrow! Thank you

[postggj]

its most important you have a paper trail

 

every thing in writing

 

a telephone conversation from hr or verbal from a manager is unexceptable

[splodge19]

I agree...I'm on the case! Thanks

[splodge19]

I plan to send the following letter today. Do I need to put anymore, or will this be ok?

 

Dear ******

 

 

Re: My return to work after Maternity leave

 

As discussed with ******** on Tuesday 4th January 2011, I expressed my wish to return to work on Monday 28th February 2011.

[citizenB]

Your plight has been reported by Mr Lex.. but it might be worth having a word with ACAS.

 

http://www.acas.org.uk/index.aspx?articleid=2042

[splodge19]

Thank you. I've tried calling, but can't get through. I will try again.

[splodge19]

They can't - but you have to show that they are! It is very hard to make someone redundant whilst on maternity leave, but not impossible. They employer is obligated to allow you to return to your existing job, or if that is not possible, to one of equal status and pay. Redundancy must be their final option. That is why so many redundacies happen to happen on the day after someone returns - the protections run out the minute you return. I don't suppose you are in a union - or have any legal isurance with your house etc insyurances?

 

i've just found my home insurance and I am covered for legal assistance, so going to give them a call. Thanks

[SarEl]

Good - that's a start!

[Hacked_Off]

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