I have been made redundant whilst on maternity leave

ruthiehuk

Hello, i am wondering if anyone can help me or shed any light on my current situation.

I have worked for my employer for two years and i started my leave in March this year and it ends in January next year. I get paid SMP and OMP from my employer. During my leave my employers have put my department through a re-structure and my job was at risk as well as the other two people i work with. As i said above i had been there for two years, my other colleague for three years, and a new starter for three months. During my one-to-ones when i was still in work i had expressed my intention to return to work at the end of my leave and apply for flexible working.

Through the re-structure process we had four consultation meetings over a four weekly period. At the end of the consultation period i was made redundant due to the role no longer existing, and the other two collegues kept their jobs. i was a permanent member of staff and have been made redundant over a new starter whom hasn't even completed their probabtion period.

In the assessments used to determine whom was made redundant, my employers stated " length of work in department assessed, June 2008 until August 2008, as not to confuse pregnancy and performance"

When i questioned this they stated they had not included my service whilst i was pregnant as this would put me at a disadvantage to the others, even though i still worked full-time until my leave, and i worked there for another 7 months. They also tried to state that i technically only did three months worth of work before i fell pregnant and compared my length of service in the daprtment with that of the new starter, to make it " fair and across the board", they however, did not look at just three months worth of work of my collegue who had worked there for three years.

They haven't officially served me notice, as that is illegal, and they have said they will try and find me suitable alternative work that matches my skills etc. I am still being paid etc. I just feel the reasons given are unfair and wondered if i am correct? I have been promised fortnightly updates, even if nothing is happening and this hasn't happened at all. I just don't know what to do, please help if you can!!

Bluenose85

I know this may not help and every situation is very different, but myself and two others who have all been employed full time by my company for at least 3 years have all just been served our notice.

Our receptionist, who has worked for less than a year and is currently in her second month of maternity leave has kept her job, even though the 3 of us being made redundant have all been covering her job whilst she is on maternity.

I would never wish redundancy on anyone, especially not a new mother, but when I was reading up on it over the internet I saw that no-one is excempt from redundancy if the position is no longer needed or there are better bodies for that position. However many employers are scared when it comes to pregnancy and maternity leave.

I hope everything works out for you, but I just thought i'd share my experience being on the other side of the coin

ruthiehuk

I do realise that everyone whom is made redundant are unfortunate and i realise that by law i can be included in these processes. However, i feel the reasons used to determine my redundancy are unfair. Since my redundancy, other suitable vacancies have come up at head office, i have had to apply for these and interview against others.

However, through discussions with Acas and the Equality and Human Rights Commission i shouldn't of had to do this as the law states i have more protected rights due to being on maternity.

Can you see why i feel discriminated against? Regardless of my recent childbirth, i have been made redundant over a less experienced, new starter!! Hence a very similar situation to yourself. :-)

Bluenose85

Oh I can totally see why you would feel discriminated, it just shows you how different employers manage to deal with maternity leave unappropriately in both circumstances.

Good luck with obtaining one of the positions which have become available

woody01

As far as the new starter goes,that has no baring.
I don't know you or the other but they may be:
-More qualified than you are
-Cheaper than you are
-You may have a poor sickness record
-You may not be seen to be good at your job

There are many reasons why you could've been chosen.
Needs of the business would almost always come into the equation. You areno good to business when you are sat at home with a baby. (not trying to be nasty there....just factual).
Unless you know for a fact it was discrimination (which would be almost impossible to prove), you have no come backs.

Can you see why i feel discriminated against? Regardless of my recent childbirth, i have been made redundant over a less experienced, new starter!! Hence a very similar situation to yourself. :-)

Unfortunately though, that is youropinion on this other person.
It seems the person that actually pays the wages thinks the opposite.

However, through discussions with Acas and the Equality and Human Rights Commission i shouldn't of had to do this as the law states i have more protected rights due to being on maternity.

Regardless. You are certainly not protected from redundancyin the eyes of employment law.

Bluenose85 wrote: »

Oh I can totally see why you would feel discriminated, it just shows you how different employers manage to deal with maternity leave unappropriately in both circumstances.

How can you when youhave no idea what the full story is?
People love to think they are indispensable and they are more experienced/qualified than people around them.

Have you considered that the new starter might actually be a better employee?
No offence to the OP, but just because they say the new starter isn't as bright or qualified doesn't mean its true.

ruthiehuk

Yes i do actually realise the new starter is being paid less than me and may be better than me at my job! I am saying the fact my employers have used my pregnancy against me is discrimination. ACAS have informed me the law states i have protected rights regarding upcoming vacancies not being made redundant, i suggest you re-read the emails correctly.

I know by law i can be made redundant if the role no longer exists however, i feel that the fact my employers have disregarded the whole time i was pregnant and still at work is wrong. i may be "sat at home with a baby not doing the company any good" but the fact they use that to make me redundant is again wrong. KEEP YOUR NOSE OUT IF HAVE NOTHING CONSTRUCTIVE TO SAY!!

I think Acas and my legal advice and trade union are right, don't u????

Pete111

My Twopenneth

1) You can still be made redundant
2) However you do have enhanced rights relating to other suitable roles in the company. These are as below (from the You Gov site)

If you are made redundant whilst on maternity leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be more suitable for the job. If you are offered a new job, then you are still entitled to the four-week trial period, which should start when you return from maternity leave

You are therefore right to raise the issue of not being automatically offered another suitable post and having to apply instead

3) Employers are often very wary of making employees on maternity redundant (as posted by Bluenose) yours however has gone straight for you. Woody is therefore likely correct in saying (in his own special way..) that your firm want you out come what may.

4) I do not agree with the way they have gone about assessing your length of service against your colleagues, they cannot dismiss several months of service because you were pregnant at the time (assuming you were in work and not off on long term sick?) and expect it to be accepted. If you want to challenge the redundancy this is one avenue to explore.

Finally, you have contaced Acas already so they will be able to advise you most effectively. Your first point of action however should be to appeal the redundancy on the above grounds (if this is what you want) as you need to follow the process to it's conclusion before any other action is taken.

P

woody01

Yes i do actually realise the new starter is being paid less than me and may be better than me at my job!

and there you have it.

I am saying the fact my employers have used my pregnancy against me is discrimination.

From the information you have given us, you have absolutely no grounds to think this statement holds water.
It is nothing more than an inkling.

Since my redundancy, other suitable vacancies have come up at head office, i have had to apply for these and interview against others.

Thisis the ONLY LEG you have to stand on. You should'vebeen made aware of these positions. That has nothing to do with being pregnant though.(certainly no proveable anyway).

i may be "sat at home with a baby not doing the company any good" but the fact they use that to make me redundant is again wrong.

This is where you are going wrong. You have no evidence of this (none shared here anyway).

I think Acas and my legal advice and trade union are right, don't u????

If you have asked them, why are you asking us 'non-professionals' anyway?
I actually run a VERY large multi-national company and am pretty clued up on employment law as it happens.

KEEP YOUR NOSE OUT IF HAVE NOTHING CONSTRUCTIVE TO SAY!!

You have asked and have been informed.
If you don't want answers that are factual, and only want to hear how right you are, then don't ask.
The fact remains that you have lost your job because there is someone more suitable, as far as your boss in concerned, to perform the duties.

If getting aggressive is 'your thing' then maybe that was another factor as to why you have no job.You have certainly displayed it here just because you didn't get the answer you hoped for.

From what i have read, it looks as though your company made the right decisions, as even something as simple as being civil seems beyond you.

Why not try the foot stamping with your old boss and he might buckle and rethink his decision. :rolleyes:

Pete111

Ok. Deep Breath

For what it's worth I think there is a Sex/Maternity discrimination angle here (albeit a limited one)

If the company did in fact remove length of service for 'when the employee was pregnant' and that resulting lack of service had a negative effect on the employees performance in a desktop assessment for redundancy (as is being claimed) then the company may be deemed to have acted in a discriminatory way.

Can open. Worms everywhere.

Frozenace

woody, it doesn't matter how big a company you run, you're just providing more problems and no solutions.

As a leader at any point, you'll probably have to face people being made redundant.

From your perspective and your comments, seems like it's so easy to do, right?

woody01

Frozenace wrote: »

woody, it doesn't matter how big a company you run, you're just providing more problems and no solutions.

As a leader at any point, you'll probably have to face people being made redundant.

From your perspective and your comments, seems like it's so easy to do, right?

Not easy to do no.
Thing is, i have seen people clutching at straws when the job has been lost many times and this is just another example.

I can understand because i was made redundant years ago, and its not nice.
However, kicking up a stink, without a leg to stand on isn't that dignified is it?