Redundancy after shared parental leave

not2plan

Hi all,
I am coming to the end of shared parental leave and now am facing redundancy. I have read up about redundancy during SPL and the extra rights afforded to me, however I think my employer has found a way around this.

I am currently on consultation for potential redundancy and still on shared parental leave.

However the shared parental leave period ends on the 13th oct and the final decision about redundancy is to be made on the 14th.

The day after my shared parental leave ends and the first day of my return to work.

Does this therefore mean I am not covered under section 10 for protection against redundancy during SPL ?

There is one position available and only myself and one other candidate for the position. Thus if I were under protection of schedule 10 for being on shared parental leave I believe I would automatically get the job as we are already both doing the same role.

I am planning to take legal advice as obviously the company has known about this redundancy for some time prior to consultation commencing.
The dates are not a coincidence and it suggests they have purposely done this to avoid the protection afforded to me, if that is indeed the case. Thus suggesting the consultation is a sham and a decision is already made.
However if anyone happens to be able to comment from a position of authority that would be most welcome please !!

daisy23169

Just to clarify, is this a straight headcount reduction (so two of you doing the same role, going down to one person doing that same role from now on) or is it a restructure where the job you both do now will cease to exist and the job you're both going for is different to your current role? 

Thrugelmir

I'm struggling to see what the issue is. The other individual concerned has a right to fair treatment as well. You appear to have arrived at a conclusion before due process has even taken place. 

Xbigman

Being on SPL or maternity leave does not give you a right to a job, It merely gives you the right to equal treatment. The date is irrelevant because the process should be the same before or after your SPL ends.
There are two of you going for one job, the better candidate should get it. 


Darren

tracy2020

Hello I am facing redundancy I am one of the 37 how ever some of my job role is being done by another member of staff I am manager of house keeping in my department but I was not informed separately I was informed along with My own members of staff which I am manager
over is this correct,
I just feel that I am not being stripped fair I have not been kept in the loop and I am housekeeping manager of the department under I managed 35?staff ,

poppy12345

tracy2020 said:

Hello I am facing redundancy I am one of the 37 how ever some of my job role is being done by another member of staff I am manager of house keeping in my department but I was not informed separately I was informed along with My own members of staff which I am manager
over is this correct,
I just feel that I am not being stripped fair I have not been kept in the loop and I am housekeeping manager of the department under I managed 35?staff ,

Please start your own thread. Asking questions on another persons thread causes confusion and your question is different to the OP.

daisy23169

Xbigman said:

Being on SPL or maternity leave does not give you a right to a job, It merely gives you the right to equal treatment. The date is irrelevant because the process should be the same before or after your SPL ends.
There are two of you going for one job, the better candidate should get it. 


Darren

This isn't strictly true, in certain situations an employee on maternity or shared parental leave does get preferential treatment as if there's a suitable alternative vacancy available then it has to be offered to the person on ML or SPL.

That's why I asked if it's a straight headcount reduction because in that scenario then the OP wouldn't get regulation 10 protection anyway, as that's not a suitable alternative situation. 

To explain, if you've got 3 HR Assistants and 2 Training Assistants in a team and you're reducing the headcount to 2 HR Assistants and 1 Training Assistant, then that's a straight headcount reduction and a person on mat leave could get made redundant as there's no suitable alternative vacancy. 

If you've got 3 HR Assistants and 2 Training Assistants and you're restructuring to create 3 HR and Training Assistant roles which combine the duties, then that would likely be considered a suitable alternative role so you'd have to offer one of the new posts to the person on mat leave. You can then fill the other 2 roles from the remainder of employees in the redundancy pool. 

That's just an illustrative example, but the reason I asked the question originally is that if OP's situation is the former example, then it doesn't matter if redundancy happens during or immediately after SPL as the reg 10 protection doesn't apply anyway. 

If it's the latter then I'd agree the employers are probably being a bit sneaky with dates, but I don't think there's anything that can be done about that unfortunately as the protection ceases to apply as soon as you return to work.

avawat20

You haven't said numbers involved which isn't helpful when answering the question. If there are multiple redundancies in your organisation then it may well be a coincidence. Even then those on MAT or SPL have priority for a suitable alternative role over others - note the word suitable. If you genuinely believe there is some kind of discrimination involved because you are on SPL then you need to get your facts straight and make sure you ask any questions in any one to ones you have.

not2plan

Thanks for all replies.

daisy23169 said:

Just to clarify, is this a straight headcount reduction (so two of you doing the same role, going down to one person doing that same role from now on) or is it a restructure where the job you both do now will cease to exist and the job you're both going for is different to your current role? 

It could be argued it is the latter (a gap between what work we actually do, strengths and interests of each of us, and what is and is not written down) but with both of our job titles being the same and the "new" role being the same it would seem to be a head count.

There is a location change as well in case that is relevant.

daisy23169 said:

To explain, if you've got 3 HR Assistants and 2 Training Assistants in a team and you're reducing the headcount to 2 HR Assistants and 1 Training Assistant, then that's a straight headcount reduction and a person on mat leave could get made redundant as there's no suitable alternative vacancy.

Thanks. I'm surprised that is the case as the wording in reg 10 certainly led me to believe it was going to offer protection and thus the assumption of the date to negate that. I think it is relevant for reasons guessed at, as someone else said to me perhaps it's done so there is a fresh start and we all know where we stand going forward.
As it happens I would be a strong candidate for the job depending on the criteria and I believe that there is some protection offered for that ie: lack of time in office on latest activities whilst on SPL cannot be used against me.

Thrugelmir

not2plan said:

As it happens I would be a strong candidate for the job depending on the criteria and I believe that there is some protection offered for that ie: lack of time in office on latest activities whilst on SPL cannot be used against me.

You'll be treated equally. Unfortunately the bottom line is that the company needs to save money. Nothing personal in selection. Although that's the way people understandably take it. 

not2plan

Thrugelmir said:

You'll be treated equally.

Or more correctly I wont be unfairly disadvantaged for having been on SPL and missing out on the latest developments.