Redundant - unfair returned after maternity leave

rdbaxter

Hi,

Just after some advice.... I returned from maternity leave the day after there was an announcement about a reduction in force..... to cut a very long story as short as possible I was selected the selection process was done via a criteria.

I did challenge my selection and had an appeal meeting this was an internal process and tbh a waste of time.

One of the criteria was future business needs I was unaware of what these were and have never had them in writing but was made aware of them in this meeting. I feel short on some of these, The reason being for at least one that I was on Mat Leave when this product was released. I did check the system as most of our training is done on the intranet there was a training course regarding this that had not been offered to me but available to my peers.

Also speaking to my manager who had to make the selevtions he had been told i was to be treated as everyone else i know this is to be the case but i am sure he should have taken account of my leave in certain areas ?

I guess my question to you is do i challenge this as unfair ACAS seem to think I can as I am at a disadvantage due to maternity leave.

How do I go about writing a letter of appeal ?
How long do I have to do this ?


Would be grateful of any input.

Thanks

kiddy_guy

Don't know the answer to your question, but so not to read and run, I agree you have grounds for discrimination.

pid2004

Hi, I dont know if you have legal insurance on your house or something, but if you have, the legal cover will be able to get you help from their solicitors. They can write it all for you. Less stress for you and they know all the legal terminology. Good luck

woody01

kiddy_guy wrote: »

Don't know the answer to your question, but so not to read and run, I agree you have grounds for discrimination.

I would love to know why you think that.
I can see practically no evidence from what the OP has mentioned to suggest this.

The training being the ONLY possibility, but how can she be trained whilst not in work?

This sounds like straw clutcing i'm afraid.

rdbaxter

Thanks all....
Woody I do know that your are not to b at a disadvantage because of your maternity leave in this case I have been so on this criteria i believe they could not mark me down on it....

Yes will seek some legal guidance thanks

R

woody01

rdbaxter wrote: »

Thanks all....
Woody I do know that your are not to b at a disadvantage because of your maternity leave in this case I have been so on this criteria i believe they could not mark me down on it....

Yes will seek some legal guidance thanks

R

You cannot train whilst on maternity leave.
IF you had the training, would you be as competent/good/experienced in your job as the others?

If so, then you 'may' have a slight grievance there.
Remember though, it is up to your employer to gauge your competence, not yourself.

Pete111

Quick Q - are you sure that this was the only criteria that put you 'below the line?'

If it was then you have a slight chance for the reasons you describe but I personally would not like to go to tribunal with it - it's a bit shaky.

Realistically then, you could appeal and make some noise re this. The company may choose to mitigate this small risk by throwing you a bit of cash in exchange for a compromise agreement...or they may not.

P

woody01

Pete111 wrote: »

Quick Q - are you sure that this was the only criteria that put you 'below the line?'

If it was then you have a slight chance for the reasons you describe but I personally would not like to go to tribunal with it - it's a bit shaky.

Realistically then, you could appeal and make some noise re this. The company may choose to mitigate this small risk by throwing you a bit of cash in exchange for a compromise agreement...or they may not.

P

Pete's idea is good.
If they think you 'may' kick up a stink over this, and it does seem they have acted a little incorrectly, a Compromise Agreement' may be drawn up to mitigate this.

wynnvegas

Hi,

I would, as a measure of best practice, have invited you to complete the online training (assuming it wasn't overly intensive) as part of a keeping in touch strategy. That being said, unless it is the sole reason behind your lower scoring using the selection criteria, I don't see much of a basis for claiming. You did the right thing by appealing the original decision but I can't see you having too much luck in taking this any further.

Best of luck finding a new role.

Cheers,

Billy

rdbaxter

Thanks again all...... I did see my peers scores in my appeal and tbh they were all v close this would have pushed me in to the safe zone... I do feel I was an easy target just returned no clients bk yet etc etc....

I will seek some legal advice I think....

Thanks for the luck with job hunting !!!!!