Redundancy because a colleague is on Maternity Leave

DontBringBertie

The organisation I work for is going through a reorganisation and as a result expect to make a number of redundancies.

Reading through the proposed new structure it states ‘any roles currently filled by employees on Maternity Leave are ringfenced and will not be affected’

Well, we have a team of 4:

1 Head of dept
2 managers (myself and other employee who is on maternity leave)
1 analyst

They are proposing to get rid of 1 of the manager roles. And, due to the other manager being on Mat Leave, as it stands I am going to be made redundant.

Do I have a case for anything here?! Surely it can’t be fair making redundancy decisions based on personal situations...

Masomnia

I'm afraid your colleague on mat leave has first dibs at the job.

She might not want to come back/come back full time etc so all is not lost necessarily at this point, but i she wants the job it doesn't look like you have much come back.

You could try to argue that they should make the current analyst redundant and put you into that role. But I'm guessing you don't want that job.

Good luck anyway. If you find something new soon and get a payout it might be ok.

Les79

Sounds like the other manager has a "protected characteristic", whereas you do not.

If that's the case, sadly you will be first on the chopping block purely because making HER redundant is at the very least potentially discriminatory (it could cause a huge headache for the employer if disputed), whereas your redundancy wouldn't be (no headache).

marliepanda

Les79 wrote: »

Sounds like the other manager has a "protected characteristic", whereas you do not.

If that's the case, sadly you will be first on the chopping block purely because making HER redundant is at the very least potentially discriminatory (it could cause a huge headache for the employer if disputed), whereas your redundancy wouldn't be (no headache).

Everyone has a protected characteristic.

It’s because of protected maternity rights, not discrimination. (Not that I agree that pregnancy should make people exempt from redundancy but that’s how it is)

seatbeltnoob

quickly impregnate your wife and go on paternity leave

gettingtheresometime

Is it a protected characteristic though?

Would the employer be on sticky ground if they said that there's one job & each manager has an equal opportunity to apply for it ?

I appreciate that everything in terms of interview record keeping would have to squeaky clean & transparent but it seems unfair that the OP is being made redundant simply because the other person is on maternity leave

getmore4less

Is there currently anyone filling the maternity post?

If they are saying there is the need for one manager then there is a case for you continuing till the person on maternity returns to post.

will that buy time and service for you, a lot can change and as said they might not want to come back.

All depends if you want to stay or go how much you push in any direction.

nicechap

DontBringBertie wrote: »

The organisation I work for is going through a reorganisation and as a result expect to make a number of redundancies.

Reading through the proposed new structure it states ‘any roles currently filled by employees on Maternity Leave are ringfenced and will not be affected’

Well, we have a team of 4:

1 Head of dept
2 managers (myself and other employee who is on maternity leave)
1 analyst

They are proposing to get rid of 1 of the manager roles. And, due to the other manager being on Mat Leave, as it stands I am going to be made redundant.

Do I have a case for anything here?! Surely it can’t be fair making redundancy decisions based on personal situations...

I suspect you have misread something along the way.

I'm assuming you work for a medium/ large organisation. What you have written would be discrimination - preventing females only from being made redundant - and does not sound like the basis for redundancy decisions. Roles are made redundant.

Someone on maternity leave is entitled to return to their role or equivalent role if the original is not available.

I'd be surprised if none of those on maternity leave kicked up a fuss because they were prevented from applying for redundancy.

I don't think you as an individual have a case based on the information provided but your union would be better placed to advise and no doubt would have been consulted on the process and selection criteria.

getmore4less

try a read of section 10 case law backs up the interpretation that you get first dibs on any suitable position if on maternity(that will include the current job)

http://www.legislation.gov.uk/uksi/1999/3312/contents/made

JReacher1

I can see why they are doing a reorganisation if your team consists of a head of department, 2 managers and 1 analyst. It seems an odd team dynamic e.g. a bit too manager heavy.

getmore4less

For those interested in maternity as a protected characteristic during redundancy situation this EAT case covers a lot of angles some relevant to the OPs position being made redundant over the other manager(currently on maternity).

https://www.gov.uk/employment-appeal-tribunal-decisions/sefton-borough-council-v-mrs-m-wainwright-ukeat-0168-14-la