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Redundancy on mat leave

10 replies

WipsGlitter · 18/10/2013 17:27

A friend was made redundant on mat leave (nice), the person covering her mat leave was kept on but in a different role in the same department, but my friend thinks shes still really doing "her" job if you know what I mean. My friend thinks they may try and keep this other person on permanently and slot her back into the original job? Can they do this? Surely if the job is redundant that's it? It seems very unfair.

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flowery · 18/10/2013 21:05

If your friend thinks the redundancy wasn't genuine she can and should appeal or consider taking it further. How long ago was she made redundant?

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WipsGlitter · 18/10/2013 21:08

End of August.

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flowery · 18/10/2013 21:29

Ok, well if she wants to bring a claim she has 3 months to do so from her termination date.

Did she appeal the decision at the time?

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WipsGlitter · 18/10/2013 21:45

No. She was so cross she just wanted out I think.

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flowery · 18/10/2013 21:50

Well, if she's changed her mind/now has new information that makes her think this wasn't a genuine redundancy situation, then she has time to do something if she wants to.

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WipsGlitter · 18/10/2013 22:13

Thanks. I'll pass that on.

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WipsGlitter · 18/10/2013 22:14

What happens after the three months though?

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flowery · 18/10/2013 22:26

After the three months there would be nothing she could do about it.

Businesses do change, sometimes very fast, so it's not outside the realms of possibility that a post made redundant would suddenly be required again. It may be and look very fishy if that happens in some circumstances but because after 3 months your friend can do nothing about it, if they want to restructure again/ recruit again, there's nothing stopping them.

If she has reason to believe her redundancy wasn't genuine she needs to act reasonably promptly.

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thinkfast · 18/10/2013 22:30

In a redundancy situation employers must offer any suitable alternative vacancies to someone on maternity leave first do if they have offered the vacancy to someone else she should think about claiming. She should take advice ASAP as she will need to act swiftly to bring a claim

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WipsGlitter · 18/10/2013 22:32

She was offered other posts / altrrnatives but declined them.

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