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    • wibbler
    • By wibbler 17th May 17, 3:11 PM
    • 133Posts
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    wibbler
    Poor job after return from maternity
    • #1
    • 17th May 17, 3:11 PM
    Poor job after return from maternity 17th May 17 at 3:11 PM
    My girlfriend has worked at her current company for 5 years. Her role was important to the company and very demanding.

    She became pregnant 2 years ago, left to have the baby and returned to work full time 1 year ago.

    When she returned, she found that most of her existing job was now being done by other people. They offered her an alternative equivalent position, but this role was new, did not match her skillset and did not warrant a full time job.

    There was a company takeover 6 months ago, and she has now been told she is being made redundant.

    In our eyes, they made up the new position to keep to the letter of the law, but she has never had a true role in the company since returning, finally admitting the job is not needed when they made her redundant.

    Could someone advise whether there is any merit in looking into this from an unfair dismissal point of view?
Page 1
    • lincroft1710
    • By lincroft1710 17th May 17, 4:17 PM
    • 9,491 Posts
    • 7,492 Thanks
    lincroft1710
    • #2
    • 17th May 17, 4:17 PM
    • #2
    • 17th May 17, 4:17 PM
    Unfair dismissal would only apply if the company dismissed her without good reason and employed someone else to do her job. She is not being dismissed, her role has become redundant, when she leaves her job will not be done by somebody else. So she should receive redundancy money based on her 5 years service.

    Has there been any consultation process?
    Last edited by lincroft1710; 17-05-2017 at 4:20 PM.
    • Takeaway_Addict
    • By Takeaway_Addict 17th May 17, 4:26 PM
    • 5,589 Posts
    • 6,403 Thanks
    Takeaway_Addict
    • #3
    • 17th May 17, 4:26 PM
    • #3
    • 17th May 17, 4:26 PM
    My girlfriend has worked at her current company for 5 years. Her role was important to the company and very demanding.

    She became pregnant 2 years ago, left to have the baby and returned to work full time 1 year ago.

    When she returned, she found that most of her existing job was now being done by other people. They offered her an alternative equivalent position, but this role was new, did not match her skillset and did not warrant a full time job.

    There was a company takeover 6 months ago, and she has now been told she is being made redundant.

    In our eyes, they made up the new position to keep to the letter of the law, but she has never had a true role in the company since returning, finally admitting the job is not needed when they made her redundant.

    Could someone advise whether there is any merit in looking into this from an unfair dismissal point of view?
    Originally posted by wibbler
    I doubt it, she accepted the change of terms and conditions for over 1 year. She should have raised objections and grievances immediately on her return to work.

    I'm surprised they didn't just make her redundant from the start though if they found her role could be easily absorbed into other roles....perhaps they were worried for the exact point you are raising.

    As you put yourself, the role 'was' important but clearly not after she went on maternity leave.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • ssparks2003
    • By ssparks2003 17th May 17, 4:32 PM
    • 104 Posts
    • 133 Thanks
    ssparks2003
    • #4
    • 17th May 17, 4:32 PM
    • #4
    • 17th May 17, 4:32 PM
    Are you complaining that the company abided by the law or that the company has been brought out and the new owners have made a business decision?

    Either way as long as they have followed correct process on the redundancy then you have no claim.
    • wibbler
    • By wibbler 17th May 17, 4:35 PM
    • 133 Posts
    • 8 Thanks
    wibbler
    • #5
    • 17th May 17, 4:35 PM
    • #5
    • 17th May 17, 4:35 PM
    lincroft1710 - Thanks for your reply. Yes, the consultancy process (just less than a month) has started, but it's started with "there are no equivalent jobs to give you".
    So essentially she's working her last month and then off.

    Takeaway_Addict - she raised grievances on her return, but not in an official capacity :-|

    ssparks2003 - I guess just complaining because you would hope that the job was left for her to take back on her return. On her return the people covering just... kept covering. They gave her her job back, with hardly anything to do, and then decide her role isnt needed! Is that right?
    Last edited by wibbler; 17-05-2017 at 4:41 PM.
    • martinsurrey
    • By martinsurrey 18th May 17, 7:47 AM
    • 2,997 Posts
    • 3,634 Thanks
    martinsurrey
    • #6
    • 18th May 17, 7:47 AM
    • #6
    • 18th May 17, 7:47 AM
    ssparks2003 - I guess just complaining because you would hope that the job was left for her to take back on her return. On her return the people covering just... kept covering. They gave her her job back, with hardly anything to do, and then decide her role isnt needed! Is that right?
    Originally posted by wibbler
    That is exactly what redundancy is.

    you are confusing Work with Role.

    The Work your partner was doing was important.

    The Role your partner was doing wasn't important, as it was easily absorbed by others.

    The work is still there, but the role isn't.

    They could have given her the work back, and then made her redundant the next month, as they don't need her to do it.

    sorry, but it doesn't look fishy.
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