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Upcoming redundancy

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Hi,

I'm in a bit of a pickle!

At the end of July I was advised that due to re-structuring my role, and another colleague's role would become redundant, and a new role would be created.

The other colleague was on maternity leave until the beginning of July and had previously been full-time but asked to go part-time in May for returning in July.
I was initially employed as her maternity cover, however, in January I was asked if I would like to be made permanent - to which I, obviously, said yes! Due to HR failings, and forms being lost, this was not official until June.

The position available is a full-time role. I am full-time, and they are part-time. During the first consultancy meeting they asked if job-share would be a suitable redundancy alternative - to which they were told that they would have to ask me. They did - to which I refused.

As it currently stands, our roles are already redundant and I am carrying out the duties of the new position - there is no work available, or being done by the other party.

To make matters worse, our consultancy period has been suspended due to a grievance taken out against the process. So, instead of getting a quick answer, it'll now be a drawn out process.

My question is, where do I stand?
There has been a claim made that the process is legally unfair, and discriminatory against part-time working mothers.

Generally, help! - Please :)

Comments

  • marybelle01
    marybelle01 Posts: 2,101 Forumite
    And in terms of the way that you have described it here, it very possibly is discrimatory and legally unfair! In her position I would also be kicking up a stink all the way to a tribunal. You were employed as maternity cover for her, "made permanant" (just) before she returned from maternity leave, and less than a month later the employer conveniently discovers they have to make someone redundant and it just happens to be the person who took maternity leave. Then add to that the fact that a "full-time" job doesn't have to be done by one full-time person. I am afraid that in the employers shoes I would be going out of my way to make this woman an acceptable job offer because this isn't all so much a smoking gun, as smoking and they haven't policed their brass either! And that could end up being very costly for them.

    Sorry, but if it were a choice between them and you, unless they can find a very convincing argument or another job (or an acceptable offer of money), most employers are going to pick them - it's the safest and cheapest option
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    What is different about the new role from the two you currently do?

    What was different about your two jobs.

    Did she have extended maternity.

    What job did she return too.

    You may have to look at your own case to stop yourself being made redundant. if you don't put up a countercase you may be out as the easy option

    When did you start?


    They have really messed up.


    They could have structured this to get rid if they wanted.

    Starting with not letting her come back part time.
  • What is different about the new role from the two you currently do?
    Some of the duties that we did have been centralised to our head office, which has left a shell of general, defined, admin duties and further local as and when stuff.
    What was different about your two jobs.
    When my colleague came back, duties were combined and split appropriate to her part-time hours.
    Did she have extended maternity.
    She was on maternity leave for just under a year - so, yes.
    What job did she return too.
    She returned to her job. I have a separate job with a different job title.
    When did you start?
    I started at the beginning of 2011 - So, haven't been there 2 years yet![/QUOTE]
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