On maternity leave, and think I am loosing my Job

louloulouisa

Hi

I have been with my employee for nearly 3 years, and am on maternity leave, started march 1st. Baby is 14 weeks old.

I work from home, and she emails me the work, she lives about 60/70 miles away.

My boss emailed last week, to say she needs someone to work in the office with her, for practical reasons.

She said:

"I am left with a decision to make about your role. I have always been really happy with your approach to work so this is absolutely no reflection on you at all. It's 100% about the 'remote role' and how it fits in with our company.

Obviously the decision is made harder for me on a personal level since you have a new baby and a new house and I know that roles like you have with us are few and far between!

Would you be able to have a think about your options? I will do the same here and then perhaps we can talk in a week or two?"

I am not sure what she means about 'my options' ???

Its a real blow, but I do understand her reasons, I really like my boss, she has been good to me, but not sure where to go from here???

I believe I have been a good employer too (putting in many more hours than I charge her for)

I know I should get back to her... but haven't got a clue what to say???

I contacted 'Acas' and they said I am entitled to 39 weeks maternity pay, and she has to provide me with the same job/simular job when I go back.

What shall I do????

Thank you soooooo much for taking the time to read :beer:

Lou xxx

SarEl

ACAS have got it right for once. There is no question here - it is not a case of you having to provide her with options. Whilst you are on maternity leave it is almost impossible to make you redundant or to change the main conditions of your post in any way. To do so would very likely result in an unfair dismissal and sex discrimination claim. When you return to work (which is a legal right - to return) you must be given your original job or one which is commensurate with your original job. However, these protections disappear the minute you return to work - you can then be selected for redundancy provided a proper process is followed.

So what you do depends on what you want from this situation. If there is negotiating room from your point of view you may wish to consider what might be an incentive to change your terms of employment or accept redundancy. But unless you do accept one of these, the employer would be foolish to attempt to force the matter.

louloulouisa

Thanks SarEl

So I can't really do anything, but accept redundancy?, as I can't move up there, so have no negotiating room I can offer, and so have no other option.

When would my redundancy start? strait after my maternity leave (39 weeks)?

Thanks :beer:
Lou x

SarEl

louloulouisa wrote: »

Thanks SarEl

So I can't really do anything, but accept redundancy?, as I can't move up there, so have no negotiating room I can offer, and so have no other option.

When would my redundancy start? strait after my maternity leave (39 weeks)?

Thanks :beer:
Lou x

I would be deeply cautious about accepting redundancy. But in the end it does come down to whether you are going to fight it if it comes. It sounds as though you probably won't - you seem to accept the reasons for moving the job location. But are you absolutely sure that the reasons are sound - and not connected to your maternity leave? If you are not going to fight this, then my suggestion would be to not offer redundancy - wait and see what is offered, and arm yourself with the facts so that if this is less than what the law expects you can possibly get a bit better a deal by showing you know your stuff. As I said - you don't need to offer any options because the legal position is on your side.

louloulouisa

Thanks again SarEl

Top advice :money:

I will go to citizens advice tomorrow, to get fully armed!

Thanks :beer:
Lou x