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Redundant PARTLY DUE to maternity leave

Hi all

Just after some advise/knowledge.

Today I have been made redundant. Three of us (from 12) have been been 'chosen', 2 of them part time and then me.

My job is Customer Service/Key Account managment. I have been told today (though with no witnesses) that I have been chosen as my boss and the European boss have 'seen that they can manage without me' as I have been off on ML. I was due back on the 15th March but delayed this as my boss told me 'not to bother' (in a nice way) as something was afoot.

My main questions are

1) My job is not redundant, they will just be asking someone else to do my work along with their own (3 people have been sharing it while I have been off). Is this allowed?

2) Can they say 'We have coped while you have been on ML so we can now get rid of you and cope permanently'?

Quick rant - feel free to skip - the others that are left are fuming as they only managed to cope as they knew I was coming back and they have just managed to hold things together. Some aspects of my job have been ignored and it's a bit insulting to say for the last three years they could have done without me!!!

Thanks for any links you could post to back up my argument. I assume I can discuss this further at my meeting on Friday? Or do I accept redundancy then talk about a tribunal (if I have grounds)?

Thank you
My baby girl :kisses3: September 09 :heartsmil

Comments

  • jdturk
    jdturk Posts: 1,636 Forumite
    edited 13 April 2010 at 5:32PM
    JAM1376 wrote: »
    Hi all

    Just after some advise/knowledge.

    Today I have been made redundant. Three of us (from 12) have been been 'chosen', 2 of them part time and then me.

    My job is Customer Service/Key Account managment. I have been told today (though with no witnesses) that I have been chosen as my boss and the European boss have 'seen that they can manage without me' as I have been off on ML. I was due back on the 15th March but delayed this as my boss told me 'not to bother' (in a nice way) as something was afoot.

    My main questions are

    1) My job is not redundant, they will just be asking someone else to do my work along with their own (3 people have been sharing it while I have been off). Is this allowed?

    2) Can they say 'We have coped while you have been on ML so we can now get rid of you and cope permanently'?

    Quick rant - feel free to skip - the others that are left are fuming as they only managed to cope as they knew I was coming back and they have just managed to hold things together. Some aspects of my job have been ignored and it's a bit insulting to say for the last three years they could have done without me!!!

    Thanks for any links you could post to back up my argument. I assume I can discuss this further at my meeting on Friday? Or do I accept redundancy then talk about a tribunal (if I have grounds)?

    Thank you

    On point one, your job is redundant, it is no longer there as that role and has been amalgimated into another 3 peoples.

    On point two, I'm not sure if it is discrimination but I am sure some other posters will come and let you know, the question I guess is, a) does anyone else do that role and b) have they scored it fairly in making you redundant...it would be discrimination if they have made you redundant because of your maternity but not if they have scored it fairly and you just happened to be on maternity at that time

    that is my opinion only

    EDIT, part b only counts if part a has an answer of yes
    Always ask ACAS
  • No but if they could show your workload was easier to integrate than others then yes
  • jdturk
    jdturk Posts: 1,636 Forumite
    Speak to ACAS is always a good idea
    Always ask ACAS
  • JAM1376
    JAM1376 Posts: 566 Forumite
    Thanks both. I will be calling ACAS tomorrow but last time I called for help with my OH's job, they didn't seem that helpful but I will try again.

    Nobody else does my job as we are such a small team. The boss said they have not 'scored' it as such as the tech side (it's a lab) will not be changing, it was all the supporting roles that were considered.

    Thanks for your input though - much appreciated. I always thought if the work was there to be done, it couldn't be amalgamated but I am often wrong!

    Thanks xxx

    ETA Any other thoughts still welcome :-)
    My baby girl :kisses3: September 09 :heartsmil
  • Sami_Bee
    Sami_Bee Posts: 14,555 Forumite
    Hi jam,
    tbh I don't think you'd get anywhere with a tribunal.
    I was made redundant on ML under what sounds like similar circs.
    My main role was admin support to a sales team and I delt direct with some accounts, while on ML my job was done by the sales team themselves and the other bits spread out through the other admins, business slowed while I was away so those covering my work were covering it easily so it wasn't good business sense to keep me on.
    Sounds to me like your place have just been clumsy in how they've told you :(
    The very best is sometimes what nature gives us for free.
    3onitsway wrote: »
    I think Sami is right, as always!
  • JAM1376
    JAM1376 Posts: 566 Forumite
    Thanks Sami

    Yes very very similar circumstances. Ah well, will get down off my indignant high horse and move on lol.

    Thanks all for your replys everyone xxx
    My baby girl :kisses3: September 09 :heartsmil
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