made redundant whilst on maternity leave

[gemmastewart25]

Hi every1,

 

I will try to explain as good as possible. Whislt I am on maternity leave I received a letter asking me to make an appointment to come into work to have an interview, at this time I had only been on maternity for about 5wks. I went into work they told me that they had put me in a group which was house keepers even though they created a position for me to do 16 hrs a wk in the survary after having my 2nd child 2yrs ago, the reason for this was because they needed some1 part time to do this job and I fitted the bill. they also took me through the business side of why the redundacies have to be made, reason was there was not as much work coming in. They based the redundacies on peoples lateness and I fell into that group.

 

I received another letter which was my redundancy this contained my wage, holidays owed, and redundancy pay itself.

 

1. Can they class me as a house keeper when I wasnt one I was a survary assistant.

 

2. Can they make me redundant whilst on maternity leave.

 

The other thing is my job that I was doing will always need some who is part time or casual worker to do it. Can they get rid of me as my posistion will always be there. They offered me an interview for another job which they no I would not be able to do. As for my job they could of offered me a casual contract for myself to do my job only when needed or when they are busy they never done this.

 

PLEASE HELP

[BankFodder]

Redundancy whilst on maternity leave would be a prima face case of unfair dismissal.

I'm not uptodate on employment law but you should certainly complete an Industrial Tribunal appication form straightaway. the time liits used to be very short - and they may still be - and therey used to be unforgiving of late appications.

The form used to be and IT1.

I'll flag your post to the rest of the team

[Ell-enn]

Does your contract state you are employed as a housekeeper?

How long were you working in the servery?

How long have you been employed with them?

 

Ell-enn

[gemmastewart25]

hi there,

 

thanks for replying to me, I worked in the survary for 2yrs maybe a bit longer, I have worked for the company for 4 and half yrs. When I retured to work after having my 2nd child there was a new boss and I had a meeting with him over my hours and what I would be doing I cannot remember what it stated my job title was, I wouldn't even no where my contract was now.

[Ell-enn]

Hi there, did you get a copy of the selection process that was used to determine who was to be made redundant and were you shown how your scores fitted in with the others?

 

Also, in the letters you received regarding consultation meetings were you advised you could have a colleague or trade union representative present?

 

In your final letter you should have been advised that you had the right to appeal against the decision?

 

Ell-enn

[gemmastewart25]

hi there, they told me that the selection for redundancy was that positions had been created that were not needed example they already had 1 person to do advertising and then they employed another person so the person who came in last they let her go but it was a co-instantance that this person had been off with stress for over 6 months and on her return to on her 1st day back off the sick they got rid. Anyway they did say that I can appeal but there had been 7 appeals and no one got there job back, so I new that I wouldn't have stood a chance and never appealed. I had one person in with me who was taking the minutes this was the lady from HR department so I thought because I had her in with me that I didn't need anyone else.

[ukaviator]

Hi

 

If you are made redundant during maternity leave regulation 10 of the Maternity and Parental Leave etc Regulations 1999 says that you must be offered any suitable alternative vacancies. You do not have to apply or be interviewed for any suitable alternative vacancy but should be offered it in priority to your colleagues. If a suitable alternative vacancy exists and you are not offered it you may have a claim for automatic unfair dismissal. This protection is only available to women on maternity leave. As soon as you return to work you are no longer covered. However, selection criteria must still be fair and time off because of pregnancy or maternity leave must not be taken into account.

 

Employers must give employees as much warning as they can of impending redundancy, and must consult with employees. Failure to consult with an employee because she is on maternity leave may be sex discrimination.

[gemmastewart25]

hey there thanks for getting to me, the company sent me a letter saying that there where two jobs that I could apply to have an interview for, but these jobs are not suitable for me what so every and they never offered me any other type of job which I could do. What I really want to no is if my old job position is still open and they get someone else to do this job is it unfair dissmissal.

[Ell-enn]

What date were you made redundant.

 

While the above is correct, if there are no other suitable vacancies then it is not always the case that the redundancy is unfair.

 

Obviously we need a lot more information to be able to advise properly. Have you contacted ACAS? 08457 47 47 47. Give them a ring and explain your case over the phone in detail and they will tell you if you have a case.

[gemmastewart25]

thanks for the help

[Ell-enn]

Let us know what ACAS say.

[gemmastewart25]

hey tried them today couldn't get through I will keep trying.

 

C u all 2morrow thanks guys