 Re: Being made redundant whilst on Maternity leave
Welcome to the forum Glitzy.
Your employer could well be in serious trouble here. Any employee under threat of redundancy during maternity leave has to be given exactly the same rights to consultation as other staff. You should have been invited in writing to meetings, conducted with a colleague or nominated representative present, been given written details of the outcome and a right of appeal against the decision to make you redundant. To not do so may amount to unfair dismissal. Additionally, and here is the clincher, staff on maternity leave MUST be given priority when an alternative position is available. Therefore, if the employer has created a position which you are qualified to perform, and where there is no barrier to you filling that position, they have an obligation to offer it to you ahead of anybody else under similar threat of redundancy, even if you would not normally be the most suitable candidate. To not do so would make a very compelling case for Discrimination on the grounds of your pregnancy and is contrary to the Employment Rights Act.
At the first stage, your approach should be a written grievance relating to the lack of consultation over the redundancy. You should also include the fact that you are aware that an alternative position has been made available which you feel should have been offered to you, and you would like written details of why you were not made aware of the vacancy or offered it in preference to the person who has been appointed.
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Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.
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Last edited by Sidewinder; 25th June 2008 at 00:41.
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