at risk of redundancy on maternity leave - please help

caeler

ianianian wrote: »

Wow - i can't believe this is true and certainly don't agree with it being a nice piece of law (sorry caeler - you are very helpful and knowledgable, but i just can't agree with you here).

Whether you keep your job or not should have nothing to do with anything other than how good/ suitable you are for the job. What is it about being pregnant that means you should be promised a job above anyone else?

I'm on consultation. They're restructuring an office made up of trainers and team leaders into an office of trainers (with a slightly different job title). We've been informed that a couple of team leaders that are off pregnant have been guarenteed jobs ahead of existing trainers. If this law does exist (which i honestly couldn't believe when someone first mentioned it), i'm sure it can't be being applied in the correct way in this instance.

I can understand your concern but as only women can have babies it is quite important protection. When I said 'nice bit of law', nice if your on maternity leave as you'd benefit. Having read your final paragraph it does sound like in your situation it is being applied correctly. Sorry.

MoneySavingMission wrote: »

i'm on OML so it does apply.
How do they define "suitable"? As per earlier helpful reply this was deemed as same skills, pay grade, location etc. Anybody else got information on this?

Legal definition:
the work is suitable and appropriate for her to do, and
the capacity, place of employment and other terms and conditions are not substantially less favourable than under the previous contract.

I think you should engage with the manager doing the consultation with you and ask how they intend to indentify these vacancies and what criteria they will use. You should also review vacancies and if you think they are suitable then you should flag them up, as if you think it is suitable and it meets the above your employer may agree.

But as Marybelle points out (our incognito employment lawyer) it doesn't mean your employer has to create a post for you to be placed into. Your employer can continue to consult with you and ultimately conclude consultation and issue notice, even whilst your on maternity leave.