Made redundant whilst on maternity leave

bazzac_2

Hi

I have been on maternity leave for 4 months and aimed to return to work in November. I called my employer recently to discuss my return date.

My boss asked me to come to see him and when I did he didn't want to discuss my return date but instead advised me that due to financial pressures on the business he was going to have to reduce staff numbers and I was the employee he had selected to be make redundant.

I am shocked and scared by this news and don't know what to do.

I am (was) the office manager with a wide ranging number of duties and responsibilities. I have been advised that my duties will be spread amongst other staff members and I will not be replaced. There are no other roles or vacancies in the company that I would be suited for and could apply for.

Nothing has been formalised yet. I have simply been told by my boss that I will hear from him in 4 to 6 weeks.

I have worked for this company for over 2 years and so from my quick research I can see I am probably entitled to £660 redunancy pay plus payment for my untaken holidays. However, this is of little comfort to me as I will now have to face significant inconvenience including cancelling my childcare place which was difficult to secure and now go job hunting on the lead up to xmas and of course the financial stress this will put me and my family under.

Whilst I cannot prove anything I would suggest that I would have not been targetted if I had not been on maternity leave and I feel that my boss is just trying to get my job done by others on lower pay (receptionist on minimum wage for instance). In my mind if the business is not doing well then really the boss needs to reduce the number of the core business staff, of which there are many, since there is obviously not enough work for them all to be doing. He shouldn't be losing one of his support team staff like me where only one office manager position exists. It is very shortsighted as part of my job entails winning new work for the company. Anyway, this is just my opinion, but it looks like the easier, less hassle, option to get rid of me rather than any of the others. Even if business is light my tasks and duties would not dwindle whilst the core business staff will end up twiddling their thumbs.

I just really want to know what rights, if any, I have. I understand being on maternity leave that I have to be offered any other available positions but there are no such positions. But do I have any other rights? Has my company treated me fairly? Is there any other financial settlement I am entitled to other than the £660?

Any advice would be greatly appreciated.

Many Thanks

bazzac

SnowyOwl_2

Sorry, but I can't give you any accurate advice. For what it's worth I think you need a trip to the Citzen's Advice Bureau so that you can get correct and up to date information so that you can back up anything you say to your employer.

Good luck with this, I don't envy you at all being in this position.

Floxxie

I've had a quick look on https://www.direct.gov.uk

This is the link.
http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/Parentalleaveandpay/DG_10039631

And a quick cut and paste:
Redundancy and maternity leave

If your employer makes people redundant, they can't use pregnancy as a reason to select you for redundancy over similar employees. If you are being made redundant during your maternity leave you must be offered a suitable alternative job if there is one.



HTH Floxxie

belfastgirl23

I wonder if the equality commission might be able to help you? See this from their website

4. Pregnancy/Maternity discrimination, or discrimination on the grounds of pregnancy and maternity leave in employment and vocational training is also outlawed by the SDO.
Example
It is unlawful sex discrimination to dismiss a female employee becuase she is pregnant or to single her out for redundancy or to take account of pregnancy-related sick leave to justify her dismissal.
There is no need for a male compartator when claiming sex discrimination on the grounds of pregnancy or maternity leave.
The SDO does not explicitly outlaw discrimination on the grounds of pregnancy and maternity leave in the field of goods, facilities and services and education. However, detrimental treatment of a woman for reasons connected with pregnancy, childbirth or maternity may be unlawful sex discrimination.
http://www.equalityni.org/sections/default.asp?cms=Your%20Rights_Sex%20discrimination&cmsid=2_55&id=55&secid=2
I would def be in touch with them anyway. I know someone who did get really good help from them with another case which he went on to win.

belfastgirl23

Should have said let us know how you get on. This sort of thing makes my blood boil.

BTW is there any other obvious reason why you were singled out? Most recently in etc?

jenny-wren

What an awful thing for you boss to do. I hope he can sleep at night :mad:

Hmm ... I had a boss that told me that 'once you've been here 3 or 4 years you don't get pay rises anymore' ... funny cos I know for a fact that another person continued to get them long after mine stopped. Luckily I found another job (with much better prospects) and jumped ship rather than having to tackle my boss. Looks like there are still unscrupulous employers out there.

I would definately contact the Equality Commission and find out your rights. They should be abe to give you advice and assist you if the law is on your side - which I'm sure it is.

I hope all goes well for you.

jetboy

Hmm funnily enough I was discussing just this sort of 'hypothetical' situation this very day and we agreed that no employer in their right mind would open up that can of worms. Get a greivance filed asap but take advice from a union rep and/or advice bureau. I have a feeling this one has 'tribunal' written all over it. Check out www.acas.co.uk for some very useful info and advice too. Good luck!

neiljc_2

I can only agree get in contact with the Equality and human rights commission asap as this is something they are looking closely at and they can provide excellent advice and bring you quickly up to date on your legal rights.

facingthefuture

Hi there, ok first of all I do feel sorry for you - it's not nice for anyone to lose their job, regardless of sex.
That said, a lot of companies are doing exactly the same as your employer at the moment because we are in a recession.You said yourself "I will not be replaced" and it seems those that actually physically make the things/provide the service are being kept on. Bluntly, this is what happens at big companies when their staffing levels are reduced. The managers are often the first to go.
I know, it happened to me some years back. Truthfully it was the best thing that ever happened to me, I got to enjoy my son's precious childhood.
Finally, litigious women do put employers of hiring other women.No, I do not agree with women suffering discrimination but maybe sometimes it is used too quickly when a man in your job probably would have been let go too.

bazzac_2

Thanks for all the advice and support.

Belfastgirl 23... there have been others taken on since me.

Facingthefuture...I do agree with your views. I don't want to be seen to be seeking compensation or even revenge because I am a woman. Whilst my title is office manager I am one of two support (admin) team, the other being the receptionist. I genuinely feel terminating my role is the wrong move for this company and trying to spread my work throughout the remaining staff is mis-guided and I do feel my boss is taking an easier route by firing me rather than one of the main team. The other staff wont thank him either by starting to ask them to undertake tasks outside their job spec. It's not good times and it is a shame that anyone has to be selected to go, and again I dont want to give the impression I am bing selfish in that I dont mind someone being fired as long as it is not me. I just feel like an easy target and possibly perceived as being less grief to my boss rather than grasping the nettle and re-structuring the core business staff.

It is also the timing that hurts me. I have enough pressure and stress with the baby and only to be told something like this after I contact my boss seems wrong. It is obvious this has been on the cards for some time and yet my boss only chose to tell me when I called him to discuss my return date. I am really worried I will not be able to find a job in the coming months which will result in a miserable xmas for my family. _pale_

Thanks again everyone.

bazzac

belfastgirl23

I do think though that you have been targeted because you are on maternity leave. And while I take facing the future's point equally I think it's very important that employers get the message that you can't just make someone redundant because they've had a baby. I personally think it's your responsibility to other women to take it further but of course you have to do what's right for you. If people didn't stand up about this sort of thing we still wouldn't have the vote or be able to own property!