Redundancy, maternity and more

cedrickerry

I've read through the other threads so have gleamed some info ....but could still use some help if anyone has any!

I start my maternity leave on Monday, and was planning on taking 26 weeks then going back for a day, before taking my annual leave accrued, whilst my husband took the remaining 13 weeks of my SMP.

I work for a local authority and have been told, subject to consultation and review happening until December, it is now likely that some of our posts will be made redundant at the end of March. I think I am right in assuming that as long as there are posts (they would be the same post just less of them) available at the end of my maternity I should get one (without interview etc.) This sounds so unfair to my colleagues but I guess as I will have twin babies by then I need to be selfish for a change.

My question is though to make the most of this protection should I actually abandon my plan to return to work in March until it is all sorted. When posts were made redundant last year we got notice of recruitment process in January, I have told Hr and my boss the date I was planning to come back, but I'm not sure if this is binding from now or whether they still assume I am taking the 52 weeks until I write after the birth (I know that I can change the date with notice). If I don't plan on going back until after 1st April when the redundancy happens am I more likely to secure a job than if I come back in March (as strictly speaking I will be in the same boat as everyone else then!) It's all so confusing!

SarEl

It isn't binding but changing your plans is also not a guaranteed winner. As soon as your ordinary maternity leave finishes and additional starts, the rights change too. You are no longer entiled to automatically be slotted in to a job - your right changes to the right to return to your job or a suitable alternative if one is available and it would be possible, provided that they were careful , for the employer to insist that you compete for the jobs, and also to make you redundant if no suitable job exists. I am afraid that any form of automatic slot in has also been curtailed by recent-ish case law, and is is challengable as discrimination in itself to do so. Different employers are playing different version of the "safe route" depending on what they think the worst risk is - so what your employer decides to do I wouldn't be able to tell you.

an9i77

You can change the date of your return from maternity leave, so long as you don't go over 52 weeks, by giving eight weeks notice in writing, so no your return date is not binding.