After consultation process new role query

Essi107

I am after some advice please.

In August 2022 I was taken with another three members of my team through a consultation process, as our current roles were being made redundant.

There realistically was only three roles that were suitable the rest were part time losing close to 20 hours a week.

I was out on mat leave when this took place, both of my colleagues had been performing there new roles for a while.

Which left a fixed term contract, this was offered to me as a suitable alternative for me, after three consultation meetings.

Complete the consultation with my new role being fixed term untill September 2023.

I have now worked for my employer for close to 6 years, I returned from mat leave in December 2022.

I have been given conflicting advice come the end of my fixed term.

One that even though I have been with the company for nearly 6 years, at the end of my fixed term contract that's it.
Due to more cuts it's highly unlikely there will be another role full time come up. Then at the end of the fixed term I just leave walk away.

Now I have also been given advice that actually that's incorrect.
As my consultation process took me off a permanent contract and onto a fixed term contract come thr end of the fixed term, redundancy should come back into the end of my employment.

I actually enjoy working for the company but do understand I haven't been singled out or anything just the way it all fell into place, but I have come to terms with at the end of my fixed term I would unlikely have a job.

I have over 22 years experience in my field so I should quite easily be able to find something else.

It's just firming up the end 

I do understand the second person's advice, as surely then every company looking to make redundancies would follow suit thank you for your service for X years here is a fixed term so we owe you nothing.

JReacher1

You'll be entitled to redundancy in September as your continuous employment will be 6 years.  Only issue would be if there was a service break between the permanent contract ending and the fixed term contract starting.

Bobbobbobingalong

what was the fate of your colleagues at the end of the consultation process?

Essi107

The other two got permanent contracts.

I was the only one placed on fixed term contract.

Not through favouritism I really don't feel that came into play.
Whilst on mat leave the other two began performing there new roles before it became official the originals were redundant.

Bobbobbobingalong

The next question then would be do you want to stay? Based on the limited information here you may well have a claim under regulation 10 of the Maternity & Parental leave regulations 1999, whereby you should have not been offered a less favourable role whilst on maternity, quite the opposite in fact.

Essi107

In an ideal world yes I would like to stay close to my nursery.

But my position for other reasons is quickly becoming untenable.
Different treatment in bonus payout due to a FTC, appealed and it's not been received well.

It's more a case of if they have theoretically got it wrong again, as going through consultation being on maternity leave, clear as crystal. Must be offered an alternative position over employees, and I was taken through the entire process. 

But if come the end of my fixed term, they are right I do just walk away, then I may as well walk quite soon, and find something else.
If they are not and I am entitled to redundancy then I am more inclined to stay.

I don't feel I have been treated unfairly singled out by any means, but I do feel that in a short time, there have been so many mistakes not just in the redundancy process, it's about time stood up rather than sat back.