Redundancy, Furlough & Maternity leave Loophole

lukecoa87

I am looking for some advice, my wife is currently on maternity which is due to finish tomorrow (Friday 31st July), she was told 2 weeks ago she will go on furlough till end of the scheme, but today she was called into work to be told, due to Covid-19 they are restructuring 7 departments and merging them into one, with 11 people have to redundant and have to reapply for 5 jobs. 

As my wife was returning from maternity leave we assumed that she would have some sort of protection albeit if not one of the 5 jobs but a job elsewhere within the company. 

So straight after the meeting I made her call Citizen Advice which in turn told her to ACAS. She was told that if she was made redundant by end of her maternity leave she would be covered, but due to the ‘pandemic’ and ‘Covid’ the protections after this date are null and void. Usually upon returning protection to this kind of leave is 6 months. 

My question is this a genuine change of ruling? 

I can’t find any information regarding it on citizen advice, ACAS or any other website for that matter?
What would people do in our position? I don’t believe they have treat her well during the entire maternity leave due to other things they have said, I feel she should take voluntary redundancy but we both feel it unfair as they seem to be flouting the rules due to Covid. 

Thanks and any advice is welcomed 

Jeremy535897

There is some information here:
https://workingfamilies.org.uk/articles/redundancy-while-on-or-shortly-after-maternity-leave/

Thrugelmir

lukecoa87 said:

I am looking for some advice, my wife is currently on maternity which is due to finish tomorrow (Friday 31st July), she was told 2 weeks ago she will go on furlough till end of the scheme, but today she was called into work to be told, due to Covid-19 they are restructuring 7 departments and merging them into one, with 11 people have to redundant and have to reapply for 5 jobs. 

As my wife was returning from maternity leave we assumed that she would have some sort of protection albeit if not one of the 5 jobs but a job elsewhere within the company. 

So straight after the meeting I made her call Citizen Advice which in turn told her to ACAS. She was told that if she was made redundant by end of her maternity leave she would be covered, but due to the ‘pandemic’ and ‘Covid’ the protections after this date are null and void. Usually upon returning protection to this kind of leave is 6 months. 

My question is this a genuine change of ruling? 

I can’t find any information regarding it on citizen advice, ACAS or any other website for that matter?
What would people do in our position? I don’t believe they have treat her well during the entire maternity leave due to other things they have said, I feel she should take voluntary redundancy but we both feel it unfair as they seem to be flouting the rules due to Covid. 

Thanks and any advice is welcomed 

You appear to be jumping the gun. As your wife may well be offered one of the available positions. Attitude of the employee could be a factor when the decision is made who to retain and who to let go. Remain calm and go through the process. 
Has the Company actually offered voluntary redundancy terms? 

sharpe106

Not sure why you think they have treated her unfairly, they seemed to have followed the rules. 

lukecoa87

There is no information on this new loophole for maternity leavers to be guaranteed a job. I find it disgusting that all these rights And protections for women on maternity leave and men on paternity leave are put in place. Then they abuse loopholes. 

What I wanted to know is this a real loophole or  should it my wife is protected and either a job within that new department or one within the company 

rosiesposies

Do you feel that she has more chance of being
made redundant as she will not be qualified or selected to remain on as one of the 5? Many employers (although) they may not admit it, tend to tread carefully around mat leave and pregnancy for the risk of discrimination so may have already earmarked her for one of the roles.
by stating you think she is better taking redundancy albeit voluntarily, but then if they make her redundant not by choice  you are wanting to find some kind of loophole to progress to ET. Some conflicting statements in your post is all. 

rosiesposies

lukecoa87 said:

There is no information on this new loophole for maternity leavers to be guaranteed a job. I find it disgusting that all these rights And protections for women on maternity leave and men on paternity leave are put in place. Then they abuse loopholes. 

What I wanted to know is this a real loophole or  should it my wife is protected and either a job within that new department or one within the company 

Again I have read this, why should someone be protected for these reasons if they are not qualified to fulfill the role? 

lukecoa87

rosiesposies said:

lukecoa87 said:

There is no information on this new loophole for maternity leavers to be guaranteed a job. I find it disgusting that all these rights And protections for women on maternity leave and men on paternity leave are put in place. Then they abuse loopholes. 

What I wanted to know is this a real loophole or  should it my wife is protected and either a job within that new department or one within the company 

Again I have read this, why should someone be protected for these reasons if they are not qualified to fulfill the role? 

She is qualified it not a case of qualifications it’s a case of protection from maternity leave rights. 

Looking at employment law with acas women returning from maternity leave are protected ted for 6 months after returning to work. As her role is being made redundant she should be offered suitable work or an alternative in the business. 

ACAS Have a link to managing Redundancy For maternity leave but I cannot post it

All I would like to know is loophole genuine and should it be questioned as to why a we can change employment law at the turn of hat due to a downturn

Jeremy535897

I think there is some misunderstanding here. The government committed in 2019 to extend protection for women returning from maternity leave by six months. See https://www.gov.uk/government/news/pregnant-women-and-new-parents-to-get-enhanced-redundancy-protections

The proposed new law was to be set out in the Employment Bill in the Queen's speech in December 2019, but coronavirus has interrupted it. See https://maternityaction.org.uk/wp-content/uploads/MA-briefing-on-Redundancy-Protection-Mar-2020.pdf
and https://www.farrer.co.uk/news-and-insights/blogs/employment-law-2020-the-highlights/

So what you refer to as a loophole is wrong. What has happened is that a commitment to enact a proposed law has not happened at the time it should have happened, despite other changes coming into effect from 6 April 2020.

gary83

Hypothetical question, imagine this scenario you’ve just been told you’re being made redundant the company are keeping on a colleague who’s just returned from maternity leave despite you believing you were better at the job than her, the company explains its because the law will change in the future to protect women returning from maternity leave to a greater extent. would you still feel so strongly about her rights? Would you still think it was a loophole?

Can you give an example of the types of things that have been said they makes you think they haven’t been treating her well during her maternity?

lukecoa87

Jeremy535897 said:

I think there is some misunderstanding here. The government committed in 2019 to extend protection for women returning from maternity leave by six months. See

The proposed new law was to be set out in the Employment Bill in the Queen's speech in December 2019, but coronavirus has interrupted it. See 

So what you refer to as a loophole is wrong. What has happened is that a commitment to enact a proposed law has not happened at the time it should have happened, despite other changes coming into effect from 6 April 2020.

The way ACAS talked it was due to the pandemic, I know everyone under pressure with money etc but feel there abusing the law, it sounds odd but feels like it planned for a her return to change her contract. 

There silly thing I’ve not mentioned like people have volunteered for Redundancy and they have spoken to them saying why they done it and not staying for the new role. So they knew who they wanted it just a joke.