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Need advice Maternity Leave and Redundancy

10 replies

ItsallisnowaFeegle · 30/04/2013 12:55

I'm going to try to be as crystal in the information I give, without going into specifics, as I'm sure I'm not the only Mumsnetter in my workplace. I would very much appreciate and be extremely grateful for any practical assistance anyone can offer.

I'm currently on Maternity Leave and due to return to work in a few months, however, I've received a letter stating that I'm at risk of redundancy.

It was very short, stating the above and nothing more, really.

I've been offered no consultation, support etc.

I have subsequently found out from a friend (and reliable source) that the place I work(ed) has moved offices and haven't informed me, in fact nobody has been in touch since I went (in a professional capacity).

I've also discovered (from the same friend and NOT from my boss or colleagues) that they have been recruiting and were advertising at least one job very similar to mine. I've looked into this and it's exactly as I was told.

I have a very basic understanding of redundancy, my rights and my employer's responsibilities but just none of this seems right, or fair to me.

Are there any, more knowledgeable, MN's out there who are able to help me make some sense of this and where I stand legally?

TIA

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lougle · 30/04/2013 13:25

have a good guide to Redundancy during Maternity leave here

I think some elements are very clearly wrong (ie. not consulting you, moving offices, not alerting you to the job opportunities available)

You may need to give more detail about the chain of events surrounding the job advertisement and the at risk notice.

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ItsallisnowaFeegle · 30/04/2013 14:10

Thanks lougle, I'll have a look at the guide. I've been reading as much as I can find on the subject but, as yet, been unable to work out where I actually stand.

I've no more helpful information to offer really. Notice was given and I've heard not a peep since. Partly why I feel so in the dark, I suppose.

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stowsettler · 30/04/2013 14:30

Are you a member of a union? If so get hold of them immediately. If not, contact ACAS. You need proper advice about this. Every situation is different and it's unlikely that you'll get entirely accurate advice from a website in any event, let alone when you can't give the full picture.
Honestly, get the professionals in and good luck x

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flowery · 30/04/2013 16:03

If you are at risk of redundancy you are entitled to be consulted about the proposals, so that's wrong regardless of maternity leave.

Recruiting for a similar job isn't necessarily a problem, unless it was after your job became at risk. Technically it might be possible to need new people, recruit them, then a month later lose a big contract and need to put jobs at risk. So context and timing is important.

You are entitled to be told about promotional opportunities while you are on maternity leave, which may or may not be an issue here.

If your job is redundant while you are on maternity leave and there is a suitable alternative vacancy available, they must offer it to you, regardless of having other preferred candidates.

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ItsallisnowaFeegle · 30/04/2013 17:34

Thanks stow and flowery.

I've spent a lot of this afternoon poring over the ACAS information and came up with what you've posted flowery.

I appreciate all of the responses, just need to work out my next move. I really don't need all this extra shit right now.

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lougle · 30/04/2013 17:40

Yes, I was thinking similarly to Flowery, which is why I asked for the timeline.

The interesting thing will be finding out if others are at risk. Also, how similar the job you do is to the one that was recruited for. I wonder if it would be close enough to argue that you are doing the same job, and therefore your job should be protected because you are on maternity leave?

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ItsallisnowaFeegle · 30/04/2013 17:50

I think if I were to give some of that information I'd be extremely identifiable, however, I appreciate that meant it was difficult to offer the right information, so apologies.

I think between the three of you, I've a much clearer idea of my position.

Thanks, again, to each of you.

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lougle · 30/04/2013 18:01

That's absolutely fine Smile I hope you can get some good advice in RL.

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zipzap · 30/04/2013 18:16

From a practical point of view it might be worth documenting everything as you go along. Both a paper copy and an electronic copy where possible.

Date things, annotate things, put in bits of info you find - eg on here or acas site etc

If you speak to them on the phone, make sure you follow it up with an email confirming the details of your conversation so if they want to dispute something they told you later on - much more difficult for them to do so if they haven't challenged your summarised version at the time.

Hopefully it won't come to that but much easier for you if you've made the effort to keep things sorted as you go.

Good luck!

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ItsallisnowaFeegle · 30/04/2013 18:26

Thanks lougle Flowers

zip, believe it or not, I'm now surrounded with all sorts of information I think I want advice on, including from incidents which occurred when I was pg.

Thanks all Flowers

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