Rights whilst on maternity leave

pledgeX

My wife is currently on maternity leave (not due back for another 9 months at least).

Before she left on maternity leave, there was talk of restructuring within the university she works at. Since being on maternity leave, that restructuring has been confirmed. There are a number of jobs available but there will be a handful of redundancies. Everyone has to now apply for the jobs available, no one gets a role 'automatically' .

She's been asked to complete a form to say what role she's interested in, why, where, etc which she's done, but now they're asking her to attend an interview.

What are her rights here? Does she even have any or is she forced to attend or be made redundant? It'll be hard enough to attend an interview, but finding the time to prepare and be in a reasonable state for their interview with a young child and a newborn is going to be next to impossible.

MovingForwards

https://www.workingfamilies.org.uk/articles/redundancy-while-on-or-shortly-after-maternity-leave/

Here is a bit of info.

JamoLew

Try google, took me 20 seconds to find the answer

pledgeX

Care to share this information JamoLew?

I understand that you can be made redundant whilst on maternity leave, but fair process must be followed. Is expecting someone on maternity leave to go in for an interview considered fair?

TBagpuss

look at the link Moving Forwards gave.

pledgeX

I have. There's a section which states:

"If you are to be made redundant during maternity leave, regulation 10 of the Maternity and Parental Leave etc Regulations 1999 says that you must be offered any suitable alternative vacancies. There are similar regulation for Shared Parental Leave and Adoption Leave. You do not have to apply or be interviewed for any suitable alternative vacancy but should be offered it in priority to your colleagues. If your employer insists that you must apply, seek advice."

The phone lines on the 'seek advice' link aren't open for long hence me asking here for advice in case anyone knows.

MovingForwards

https://m.acas.org.uk/index.aspx?articleid=5279

Here's ACAS' details.

Savvy_Sue

pledgeX wrote: »

Is expecting someone on maternity leave to go in for an interview considered fair?

I wouldn't call it unreasonable, although pointing out that they SHOULD automatically consider her for any 'suitable' positions without her formally having to apply might be worthwhile.

The thing is though, universities are large organisations. If she's been employed as, eg, a secretary in the chemistry department, is a vacancy as an office assistant in the maintenance department 'suitable'? Would she want that kind of change? Without going to an interview, it may be hard for her to gauge whether or not she'd like to accept the vacancy they've got.

(A friend used to work in the early years childcare sector, had been TUPEd to the local authority. After she left, there was a round of redundancies. Childcare workers were being offered jobs in the crematoria. Suitable alternative? you decide ...)