Poor job after return from maternity
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wibbler
Posts: 173 Forumite
My girlfriend has worked at her current company for 5 years. Her role was important to the company and very demanding.
She became pregnant 2 years ago, left to have the baby and returned to work full time 1 year ago.
When she returned, she found that most of her existing job was now being done by other people. They offered her an alternative equivalent position, but this role was new, did not match her skillset and did not warrant a full time job.
There was a company takeover 6 months ago, and she has now been told she is being made redundant.
In our eyes, they made up the new position to keep to the letter of the law, but she has never had a true role in the company since returning, finally admitting the job is not needed when they made her redundant.
Could someone advise whether there is any merit in looking into this from an unfair dismissal point of view?
She became pregnant 2 years ago, left to have the baby and returned to work full time 1 year ago.
When she returned, she found that most of her existing job was now being done by other people. They offered her an alternative equivalent position, but this role was new, did not match her skillset and did not warrant a full time job.
There was a company takeover 6 months ago, and she has now been told she is being made redundant.
In our eyes, they made up the new position to keep to the letter of the law, but she has never had a true role in the company since returning, finally admitting the job is not needed when they made her redundant.
Could someone advise whether there is any merit in looking into this from an unfair dismissal point of view?
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Comments
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Unfair dismissal would only apply if the company dismissed her without good reason and employed someone else to do her job. She is not being dismissed, her role has become redundant, when she leaves her job will not be done by somebody else. So she should receive redundancy money based on her 5 years service.
Has there been any consultation process?If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
I doubt it, she accepted the change of terms and conditions for over 1 year. She should have raised objections and grievances immediately on her return to work.My girlfriend has worked at her current company for 5 years. Her role was important to the company and very demanding.
She became pregnant 2 years ago, left to have the baby and returned to work full time 1 year ago.
When she returned, she found that most of her existing job was now being done by other people. They offered her an alternative equivalent position, but this role was new, did not match her skillset and did not warrant a full time job.
There was a company takeover 6 months ago, and she has now been told she is being made redundant.
In our eyes, they made up the new position to keep to the letter of the law, but she has never had a true role in the company since returning, finally admitting the job is not needed when they made her redundant.
Could someone advise whether there is any merit in looking into this from an unfair dismissal point of view?
I'm surprised they didn't just make her redundant from the start though if they found her role could be easily absorbed into other roles....perhaps they were worried for the exact point you are raising.
As you put yourself, the role 'was' important but clearly not after she went on maternity leave.Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0 -
Are you complaining that the company abided by the law or that the company has been brought out and the new owners have made a business decision?
Either way as long as they have followed correct process on the redundancy then you have no claim.0 -
lincroft1710 - Thanks for your reply. Yes, the consultancy process (just less than a month) has started, but it's started with "there are no equivalent jobs to give you".
So essentially she's working her last month and then off.
Takeaway_Addict - she raised grievances on her return, but not in an official capacity :-|
ssparks2003 - I guess just complaining because you would hope that the job was left for her to take back on her return. On her return the people covering just... kept covering. They gave her her job back, with hardly anything to do, and then decide her role isnt needed! Is that right?0 -
ssparks2003 - I guess just complaining because you would hope that the job was left for her to take back on her return. On her return the people covering just... kept covering. They gave her her job back, with hardly anything to do, and then decide her role isnt needed! Is that right?
That is exactly what redundancy is.
you are confusing Work with Role.
The Work your partner was doing was important.
The Role your partner was doing wasn't important, as it was easily absorbed by others.
The work is still there, but the role isn't.
They could have given her the work back, and then made her redundant the next month, as they don't need her to do it.
sorry, but it doesn't look fishy.0
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