Redundancy whilst on maternity leave

GCRA

The company I work for are currently in a 90 day consultation period and I have been identified as at risk of redundancy as my post is being moved to a different location. I am currently absent from work on maternity leave and I have been off for a total of 22 weeks so far and I have worked for the company for just over 4 years. I am struggling to find information to answer the following questions:

1. What are my rights whilst in the 90 day consultation period?
2. What are my rights if I am made redundant?
3. Is my employer obliged to offer me an alternative position (if any are available) over my colleagues?
3. My company also offers a return to work bonus (5 months pay) for mothers coming back to work after maternity leave. If I am made redundant do I have any rights to argue that this bonus should still be paid? The package I have currently been offered is slightly more than what I would have received if I had gone back to work so I feel essentially I'll be financially no better off but obviously wont have a job either. Also I feel that they are 'cutting short' my leave as I will have have to start looking for alternative employment alot sooner than I would have if I was just returning to work.
4. The reason they have given for my post being made redundant is that it's moving to a different location and as such all except one have been identified as at risk. We all do the same role, are there grounds to argue to discrimination as they decided to keep one member of the team? My understanding is that she'll be moved into a new team.
5. Can a redundancy severance package be negotiated?
6. The selection criteria for redundancy is performance, future contribution and skills and experience. Can I ask them how I scored in these areas over my colleagues and what period the data was taken from considering I have been on leave?

Any advice?

Debt_Free_Chick

GCRA wrote: »

The company I work for are currently in a 90 day consultation period and I have been identified as at risk of redundancy as my post is being moved to a different location. I am currently absent from work on maternity leave and I have been off for a total of 22 weeks so far and I have worked for the company for just over 4 years. I am struggling to find information to answer the following questions:

You should also raise these points with your employer during the consultation process.

1. What are my rights whilst in the 90 day consultation period?

Exactly the same as any other employee. They should consult with you fairly and openly.

2. What are my rights if I am made redundant?

Exactly the same as any other employee. You get no special treatment simply due to being on Maternity Leave. Your Maternity Leave should not count against you, but you are not "bomb-proof" as some people seem to think.

It might help you to read the ACAS Guide to Handling Redundancy as this is the guidance your employer should be following.

3. Is my employer obliged to offer me an alternative position (if any are available) over my colleagues?

No - you are all equally considered.

3. My company also offers a return to work bonus (5 months pay) for mothers coming back to work after maternity leave. If I am made redundant do I have any rights to argue that this bonus should still be paid? The package I have currently been offered is slightly more than what I would have received if I had gone back to work so I feel essentially I'll be financially no better off but obviously wont have a job either. Also I feel that they are 'cutting short' my leave as I will have have to start looking for alternative employment alot sooner than I would have if I was just returning to work.

Difficult to comment without seeing the contractual terms. If you're made redundant and your notice period means that your expected date of return to work falls within it, then arguably yes. But if your notice period ends before your expected date of return, then probably no. But it's difficult to be sure without seeing the contractual terms. Any good employer would have "wriggle-room" in their contractual terms, anyway.

Being paid a lump sum/notice is intended to give you paid time off to look for alternative work.

4. The reason they have given for my post being made redundant is that it's moving to a different location and as such all except one have been identified as at risk. We all do the same role, are there grounds to argue to discrimination as they decided to keep one member of the team? My understanding is that she'll be moved into a new team.

You would need to give some evidence of your employer using your maternity leave as a reason for not offering you the role. Discrimination is not automatic simply due to you being on Maternity Leave. Discrimination only exists where the maternity leave is used as the deciding factor, without justification for doing so.

5. Can a redundancy severance package be negotiated?

Sometimes - yes. But it depends on your employer and whether what's offered is already generous compared with what you're actually entitled to.

6. The selection criteria for redundancy is performance, future contribution and skills and experience. Can I ask them how I scored in these areas over my colleagues and what period the data was taken from considering I have been on leave?

What your colleagues scored is irrelevant, but you can and should ask for your own score; the criteria; and confirmation of who scored it over what period.

teeandrew

This sounds very similar to what I've been going through, only there has been no written notice, no consultation and they are now employing the temp on a so called short term contract and different job title to do my job in their new offices.

I have used a firm called Employmentassist (01733 887702) who specialise in pregnancy discrimination (even if you don't think they are discriminating) it would be worth having a chat with them.

As for your employer offering you alternative employment, yes you should be the first to be offered as there are special conditions whilst you are on maternity leave, otherwise it could be sex discrimination!

I hope all goes well for you, it's not a nice experience and you definately don't need the stress whilst looking after a small baby - talking from experience, I've wasted so much of my time when I could have been spending it with my baba.

GCRA

Thanks all for the advice. It's so difficult to know what you're rights are especially when you're so out of the loop on leave. Will definitely try Employment Assist. Thanks!

Debt_Free_Chick

teeandrew wrote: »

As for your employer offering you alternative employment, yes you should be the first to be offered as there are special conditions whilst you are on maternity leave, otherwise it could be sex discrimination!

There is no special treatment for those on maternity leave. Indeed, there is no "special treatment" for anyone. If there were a team of men and a woman were offered a job automatically, because she was on maternity leave, the men could claim sex discrimination!!!

Discrimination works both ways and there should be neither negative nor positive discrimination.

I have used a firm called Employmentassist (01733 887702) who specialise in pregnancy discrimination (even if you don't think they are discriminating) it would be worth having a chat with them.

Just a firm of Employment Solicitors who don't seem to specialise in any particular area of employment law.

ACAS would be a better first port of call, IMHO, as they provide a free service.

Pete111

I'm inclined to agree with you DFC and have not shied away from considering those on materity for redundacy where required. However there have been some big(ish) law firms speaking out re this and going the other way so I am interested to see how case law develops here in coming months

http://www.bytestart.co.uk/content/legal/35_1/maternity-redundancy-care.shtml

(see seventh para in particular)

Debt_Free_Chick

Pete111 wrote: »

I'm inclined to agree with you DFC and have not shied away from considering those on materity for redundacy where required. However there have been some big(ish) law firms speaking out re this and going the other way so I am interested to see how case law develops here in coming months

http://www.bytestart.co.uk/content/legal/35_1/maternity-redundancy-care.shtml

(see seventh para in particular)

I love these articles that make you think you're getting free advice, but leave you with more questions One has to bear in mind that this is a free ad for the law firm concerned, so I guess they want to leave you wanting to call them for clarification

Nothing in the article changes my view. I think the bit you might be referring to is this .....?

"If an employee can demonstrate that redundancy selection criteria were applied, even unintentionally, in a manner which gave her comparators a discriminatory advantage, this will give rise to a claim. Indeed, in some circumstances, there is a duty to positively discriminate by giving an employee on maternity leave an offer of alternative employment in preference to any other redundancy candidates"

I think what they're saying is "choose your criteria carefully. Don't have criteria that is going to work against an employee on maternity leave. If you do, you have to avoid making that employee redundant as your criteria is discriminatory".

To be fair, it's a good point - hence I suggested that the OP get the criteria and her score against it.

The only point I'm making is that it is not automatically unfair/discriminatory to make an employee on maternity leave. As in many situations "it can be" but "it depends" Having said that, I can understand any advice which is to "err on the side of caution" as the law is precise and unpredictable

BlueIsTheColour

My understanding of this is somewhat different, an employer must offer an employee on matt leave a suitable alternative job IF one exists and this is indeed over and above anyone else.

http://www.businesslink.gov.uk/bdotg/action/detail?r.lc=en&type=RESOURCES&itemId=1080903562&r.s=sl

livewire600

i agree with blueisthecolour as i have just gone through something very simular ie made redundant while on mat leave.

i had to take legal advise as my company were being alittle naughty and it was confirmed to me that YES they do have to offer you an alternative position (if one exists) over all other employees first- you do not have to apply for the position and previous proformance does not and can not enter into it that is the law!

on a plus note after a not so nice letter going to my ex company instead of the 8k i was orginally offered i came away with 20k- so yes packages can be amended!

orangutangy

Get into ACAS right away - I have found them IMMENSELY helpful and it is FREE, my first call to them was a bit poor but I used them several times and resulted in a ver positive result - just gone through similar situation and I think it will turn out OK, you are not bomb proof but you absolutely DO have some special rights which I learned about, I am not a lawyer so I will refrain from telling you what they are because each situation is different.

Roobarb73

BlueIsTheColour wrote: »

My understanding of this is somewhat different, an employer must offer an employee on matt leave a suitable alternative job IF one exists and this is indeed over and above anyone else.

yep, this is correct.