Up against someone on maternity leave

Sc80

Hi, 

My colleague and I have the same role, and my company want to delete one of our posts. This means that the person who stays will do both roles, and the other will be made redundant. This is part of a larger restructure within the department.

My colleague (who is in the same role as me) is on maternity leave. A Google search said that the firm must ensure that people on maternity leave come back to substantially the same role as before. Therefore, I am not sure whether there is much point fighting for the job, as it looks like a foregone conclusionthat I am going to be the one made redundant.

Have I understood the situation correctly?

molerat

I don't see that as being a reason for picking you,  more like running scared of any comeback from making a person on maternity leave redundant.  It shouldn't make any difference to a fair and proper selection process but the least hassle option is often taken.

Undervalued

Sc80 said:

Hi, 

My colleague and I have the same role, and my company want to delete one of our posts. This means that the person who stays will do both roles, and the other will be made redundant. This is part of a larger restructure within the department.

My colleague (who is in the same role as me) is on maternity leave. A Google search said that the firm must ensure that people on maternity leave come back to substantially the same role as before. Therefore, I am not sure whether there is much point fighting for the job, as it looks like a foregone conclusionthat I am going to be the one made redundant.

Have I understood the situation correctly?

Legally no, as I understand it, but in the real world....

It is my understanding that being on maternity leave does not prevent genuine redundancy. Remember it is, technically, a post that is redundant, not a person. The normal criteria that would be used to select which person goes in a situation like yours should be applied.

However, as Molerat has suggested, those on maternity leave are often treated with "kid gloves" for fear of a discrimination claim. That said, it works both ways and were that to happen you may have an unfair dismissal claim!

MalMonroe

Well I don't like the sound of that employer!  Getting rid of one worker and expecting the other one to step up and do both jobs? Hopefully the one left behind with a job will be getting double pay?

You could do worse than contact acas - https://www.acas.org.uk/contact

Employers cannot just do as they wish, there are certain rules they all have to follow.

And as for the person on maternity leave, she'll be treated the same as everyone else, I hope, if the employer is allowed to carry out such a Dickensian act. I imagine that the two of you will have the same opportunity to be interviewed and assessed in the normal manner.

BUT - you do need to check with acas to ensure that the employer is operating within Employment Law. If they are not, an Employment Tribunal can be considered. But acas can advise about that. (Employment Tribunals do not cost anything).

Don't let this employer get away with treating their staff like this, it's barbaric.

Ibrahim5

It sounds to me as though you have assessed the situation correctly. I don't see why they would make you redundant while she is on maternity leave though because they won't have anyone. Probably wait for her to come back first. We used to have women who would have 3 babies in quick succession. You didn't see them for years. If you like the job maybe just carry on and see what happens.

Debbie9009

OP please ignore, most of what MalMonroe is saying, your employer is not being barbaric, nor is Dickensian to condense two roles into one, it happens all the time.

I do have sympathy for you because this is a tough situation to be in, and I agree with the comments of others that they might choose to keep the person currently on mat leave as the easy option.  

However is it possible that while this person has been on leave they have discovered that they don’t work very hard, have you been able to cover the role comfortably while they have been on leave ?  If so then maybe they are intending to keep you. 

My advice would be, if you want to stay, to sell yourself during the selection process, that way even if the worse happens you will know you have given it your best.

good luck 

oldernonethewiser

Don't talk yourself into the position of accepting redunadncy  If you want the job you need to work for it, if not you make the employers selection process a lot easier.

I did have a colleague who was on materinty leave and there was a reorganisation and she was one of the people made redundant.

Barbaric? Not in anyway whasoever.

Sc80

Thanks for your comments.

There is a locum working the mat leave position at the moment so if they choose the person currently on mat leave I suppose the locum would carry on and I would go.

In terms of fighting for the position, I haven't been in the post very long (less than a year), but can show that I have made big improvements during that time. 

If you were the one choosing who to keep, what do you think would be big impact selling points which would encourage you to choose a particular candidate?

mscott084

It depends on how the redundancy process is carried out. The company can use a scoring system to decide which person is best suited for the role. They can also make both roles redundant and create a new one and ask both of you to interview for it.

In my previous jobs, I've witnessed 2 redundancies, and in one company, they prioritised giving roles to those on maternity leave or about to go on maternity leave.

In the other one, they made a woman who was about to come back from maternity leave redundant based on the scoring system. 

Brie

Big selling points are previous annual ratings (even for a different role), ability to work in the team, dependability, willingness to learn, value added to the department. 

What gets blurry is what cannot be absolutely quanitified.  So you can produce 10% more widgets than someone else - you win.  You can produce more widgets than someone who was 8 months pregnant because she are can't bend over as quickly, has to take breaks due to morning sickness - it may be considered a tie.   

Some managers will work to get rid of women (or not hire them) due to having to deal with maternity issues the same as some will not want to work/hire someone with a disability.  Some will get to the point where 2 people are considered equally good and, subconsciously, downgrade the one who is more habitually leaves work on time to catch a train or is off sick or didn't come to the Christmas party.  If you know your manager and their manager well you may be able to better judge yourself what your chances are.  

Failing everything else have you talked to your manager/HR about this?

diystarter7

Sc80 said:

Hi, 

My colleague and I have the same role, and my company want to delete one of our posts. This means that the person who stays will do both roles, and the other will be made redundant. This is part of a larger restructure within the department.

My colleague (who is in the same role as me) is on maternity leave. A Google search said that the firm must ensure that people on maternity leave come back to substantially the same role as before. Therefore, I am not sure whether there is much point fighting for the job, as it looks like a foregone conclusionthat I am going to be the one made redundant.

Have I understood the situation correctly?

Hi

Either the others or I have misunderstood your question

What I think you are aking is, does she have more rights over you on return.

IMO, the rights you read on Google if thre has been no reorganisation/redundancy etc

Consult union/HR/ACAS if you need to for clairty

Good luck

PS - it could be they seek volunteers and she wants it

pps - I asked for redundancy when they offered at our place before I jacked it in - guess waht, they said no. Though we could never prove it it was in our judgment based on if you got on with the manager, did a good job and rarely off sick - so i never got it just as i expected - a yea later I left anyway (to those that will say that against the law, I know that so does everyone but diffuclt to prove)