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Redundancy - maternity - long post!

4 replies

whinegums · 28/03/2008 13:13

Hi, I wonder if anyone can help me with this one. Sorry if it's a bit long!

My first baby is due in June. I'm waiting to find out if the project I work on will get further funding, and should know in the next few weeks. There are 5 other people in my team, as part of an organisation of approx 60. We have been told that our salaries are budgeted for until the end of April, as are redundancy payments if necessary. At the end of April, if we haven't got a funding agreement, our jobs will be made redundant.

I have requested my maternity leave to start at the end of May. Assuming there would be a minimum of 1 week for consultation and 4 weeks notice, I would start my mat leave before I became redundant.

We have been told that there will be other opportunities in the company that we will be encouraged to apply for.

My understanding is that we should be offered other jobs if they are suitable, and shouldn't have to apply for them, despite the company being an 'Equal Opportunities' employer.

ACAS have told me that I would have protected rights whilst on maternity leave, and I should be offered any other job in preference to any other worker. If I'm already working out the redundancy notice period, would that still apply? Also, I believe the company has to go through a selection for redundancy process - for example, some of my team have been employed by the organisation for longer than people doing very similar jobs in other parts of the organisation, and/or have more experience - does this have any bearing?

Can anyone clarify any of this for me - it would be much appreciated! BTW we are not part of a union - there isn't a recognised one at my place of work. Thank you so much for any help!

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BITCAT · 28/03/2008 22:56

I would check this out with acas again as i'm not sure, try their website or their must be a site on maternity rights to check this, also check under redundancy rights and see what comes up!

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llareggub · 28/03/2008 23:02

ACAS are correct. Women on maternity leave have special protection during maternity leave and get preferential treatment over other employees under notice of redundancy.

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RibenaBerry · 28/03/2008 23:32

Whinegums,

Yes. ACAS are right. As someone on maternity leave (assuming it has started by the time of the redundancy)you have the right to preferential treatment and 'first dibs' on any vacancy going. The only reason you can be refused a vacancy is because you are not suitable (e.g. not the right qualifications) and not because someone else is better.

The obligation to look for other jobs applies all through the period until termination, so yes it would apply during notice.

Being on maternity is not relevant to selection though. That can be done neutrally (i.e. you cannot be disadvantaged for being on maternity leave/pregnant, but nor do you get special protection.) Looking for alternative vacancies is the only area where special protection applies. This means that yes, if others in your group have more experience and only some of you are put at risk of redundancy, unfortunately you might be selected.

Hope that helps.

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whinegums · 29/03/2008 09:40

Thanks for the replies - v helpful. Will just have to wait and see what happens - fingers crossed it won't even get as far as redundancy for anyone.

Thanks again!

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