Made Redundant, whilst on maternity with cancer

Em1011*

Hi
I had a call from HR dept of the company I work for yesterday (first time I've been contacted officially since leaving in Feb 09 on maternity) asking if they could come and see me the next day re: my job, they came to my home and told me I had been selected for redundancy, I should return to work at the end of March

I was diagnosed with cancer in August when my baby was 5mths old and I was on maternity leave. I finished treatment in November, but don't get the results until Feb/Mar 2010. I have worked for my company for 13 years but they appear to be in a big hurry to either finalise my redundancy or offer me another position within the company (which is not at all likely as there are no jobs available!)
It has occured to me that they need to get rid of me before my maternity ends as I am not cured and if employed by the company could go on the sick (6 days sick in 13 years!) which they would have to pay me for and if the cancer has not been 'cured' I could under go further treatment which could potentially be months off on the sick! Is there anything I can do? If I am correct in my assumption, I don't want to be treated this way? Can anyone suggest someone to speak to?
Thanks in advance
Em

emsywoo123

Em I have no idea, but didn't want to read and run. someone who knows more will be along soon ((HUGS))

slummymummyof3

I think you need to get some further advice from someone such as the CAB or ACAS to clarify the situation - it all sounds a bit pants really!

Sorry to hear about your illness, especially when it should have been a really enjoyable time for you with your new, little one.

Em1011*

Thanks, I'll look into those tomorrow.
Its still been an enjoyable time, I couldn't have got this far without her and she doesn't even know it.

mjm3346

If you are a member of a trade union they should be able to offer help/ advice


"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."

This info is from

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088


Some more info

http://www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/redundancyadditionalquestionsmay09.pdf

You may find Macmillan can offer some advice or point you in the right direction


http://www.macmillan.org.uk/GetInvolved/Campaigns/WorkingThroughCancer/WorkingThroughCancer.aspx?utm_campaign=Charitable+|+Campaigns+|+Working+Through+Cancer&utm_medium=cpc&utm_source=Google&utm_term=cancer+and+dda&gclid=CITO16HJjp8CFRKElAoddR3ELw

bargain_babs

I am so sorry to hear about your redundancy

Does your company have an EAP scheme? you could give them a ring to see where you stand

Also you are entitled to a redundancy notice period - I can't remember how it works but it is so long for each year worked etc - after 13 years it will be at least a 3 month period - google it and see what it says

Not sure what happens if you go on long term sick whilst on redundancy notice?

Also check your company hand book re long term sick to see what it says

let us know how you get on

but most important enjoy your baby and keep as healthy as you can and stress will do you no good so try and keep upbeat and appreciate what you have - remember to SMILE

Ewarwoowar2

Em1011* wrote: »

Hi
I had a call from HR dept of the company I work for yesterday (first time I've been contacted officially since leaving in Feb 09 on maternity) asking if they could come and see me the next day re: my job, they came to my home and told me I had been selected for redundancy, I should return to work at the end of March

I was diagnosed with cancer in August when my baby was 5mths old and I was on maternity leave. I finished treatment in November, but don't get the results until Feb/Mar 2010. I have worked for my company for 13 years but they appear to be in a big hurry to either finalise my redundancy or offer me another position within the company (which is not at all likely as there are no jobs available!)
It has occured to me that they need to get rid of me before my maternity ends as I am not cured and if employed by the company could go on the sick (6 days sick in 13 years!) which they would have to pay me for and if the cancer has not been 'cured' I could under go further treatment which could potentially be months off on the sick! Is there anything I can do? If I am correct in my assumption, I don't want to be treated this way? Can anyone suggest someone to speak to?
Thanks in advance
Em

Did they:

1. just turn up at your house, with no prior warning, and tell you that you had been selected for redundancy i.e. if no alternative work is found your employment is terminated? Or;

2. did they tell you that you were at risk of redundancy i.e. you might be one of the people selected for redundancy?

If it's 1. then you have a decent tribunal claim.

How may other people do the same or a very similar job as you? How many of those are being made redundant?

You have great protection under employment law, both as a woman on maternity leave and under the Disability Discrimination Act.

As a woman returning from maternity, your employer is obliged to offer you alternative work if there is a "suitable available vacancy" (Maternity & Parental Leave etc Regs 1999 reg 10).

This could mean that if you are one of the people chosen for redundancy you have first dibs on any suitable alternative employment when you get back from work.

As you have been diagnosed with cancer, you are automatically classified as disabled and , therefore, protected from any different treatment because of or related to your disability.

Very often employers use redundancy exercises to get rid of disabled people or women of child-bearing age i.e. the people they perceive as a burden on the company. I have represented client with similar claims.

Are you in a union? They should provide advice/representation. If not, check your home contents insurance policy to see if you have legal expenses cover. It might pay for legal help.

Cool_Username

My misses has cancer. I can't offer you any useful advice unfortunately but I genuinely wish you all the best and hope things work out for you X X