Redundancy because a colleague is on Maternity Leave

Alfrescodave

JReacher1 wrote: »

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.

I guess the head of department is a bit concerned as following the possible restructure they will be head of a department that consists of 1 manager and i analyst. Can that still be described as a department?

Surely that Group will be integrated into another department and bye bye 1 department head with associated cost savings

Comms69

Presumably they aren't going to make you redundant while she is on Mat leave as then they have 0 managers?

PasturesNew

If you think it's you, say "stuff 'em" and find another job, leaving them in the lurch with "the chosen/protected one" still on maternity leave.

If you think they're getting rid of you anyway, you've no loyalty you owe to them.

JReacher1

PasturesNew wrote: »

If you think it's you, say "stuff 'em" and find another job, leaving them in the lurch with "the chosen/protected one" still on maternity leave.

If you think they're getting rid of you anyway, you've no loyalty you owe to them.

You wouldn't get a redundancy payment though. Pride is all well and good but you want to do well financially out of it as well!

BakingC

PasturesNew wrote: »

If you think it's you, say "stuff 'em" and find another job, leaving them in the lurch with "the chosen/protected one" still on maternity leave.

If you think they're getting rid of you anyway, you've no loyalty you owe to them.

I would say not to make an emotional decision, depending on length of service I see no harm in looking elsewhere but waiting and seeing what they might offer (you would be a better judge of that if they might offer more then stat) / depending on your age / service might be a nice little sum and then you walk into the new job with an extra payday.

gettingtheresometime

JReacher1 wrote: »

You wouldn't get a redundancy payment though. Pride is all well and good but you want to do well financially out of it as well!

I agree but depending on the OP's employment opportunities then I've always been a form believer in these circumstances in making sure you have a lifeboat handy - especially if you've got strong suspicions that the boat you're in is sinking.

DontBringBertie

Thanks for all your responses.

‘Department’ should have probably read ‘function’ in my initial post! We’re a small team and sit as part of a wider finance team. So it’s more of a ‘head of team’ rather than ‘head of department’ if that makes sense.

-!!!!!!!Make the analyst redundant and put me in that role: This is very unlikely and would mean a c.£20k pay cut!

-!!!!!!!Is there anyone currently filling the maternity post?: Yes, an interim. But they’ll be leaving eventually.

-!!!!!!!‘I suspect you have misread something…. roles are made redundant’: I haven’t misread anything. It states 1 role is being cut but people on mat leave can’t be made redundant.

And yes – I would be entitled to redundancy pay since I’ve been there 3.5 years, so not the end of the world. As long as I can find another job…

sangie595

nicechap wrote: »

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.

No, you are incorrect on this. Applying for redundancy isn't redundancy - it's mutually agreed termination. Which the employee can ask for and the employer can agree. But if it is a redundancy situation, the woman on maternity leave must be offered any remaining role first, or suitable alternative employment. It is possible to make someone redundant whilst on maternity leave, but it's really difficult and full of traps.

Redundancy only applies if the decision to cut a role is compulsory, not if it is voluntary. "Voluntary redundancy" doesn't exist.

nicechap

Thank you, I stand corrected.

On a hypothetical note: would it be discrimination if the mutually agreed termination (voluntary in most people's books) was not available to those on maternity?

PasturesNew

JReacher1 wrote: »

You wouldn't get a redundancy payment though. Pride is all well and good but you want to do well financially out of it as well!

Redundancy is often non-existent... and it's better to get a job to move into now than to wait until made redundant, to get 2-4 weeks' pay ... and then sit on the dole on £70/week for 3-4 months.