Unfair selection for redundancy whilst on Maternity Leave

[malibu#1]

Hello,

 

I'm currently on Maternity leave and have been selected for redundany. I have gone through the selection process and have been identified as the lowest score. I believe that I have been unfairly selected and that they are making me redundant because of my personal circumstances (being on maternity leave and that I'm the only part time worker).

 

I have had 3 consultation meetings and have proved, with evidence that their reasons for scoring me so low are incorrect and that they have made statements which are untrue and basically demonstrated that thier scoring process is 'flawed' and done to suit. However, they are still insistent that everything has been done fairly and will not rescore me.

 

I pointed out Regulation 10 to them and they have since offered me another position within the company (terms and conditions haven't been discussed yet). After everything that's gone on with them (it's made me ill) I don't want to return there and want to accept my reundancy and take them to a tribunal. Can anyone advise where I stand with regards to the other job offer? If I don't accept it am I still entitled to my redundancy pay?

 

I've been to the citizens advice and they have advised that I need to question absolutely everything - which I have but it seems the more I question the more they're getting deeper into it and I'm afraid that I'll have no choice but to go back doing the other job which isn't what I want..........HELP

[Bigredbus]

In effect, you would have to determine if the alternative position they are offering you is suitable... or unsuitable. Nevertheless, you are still entitled to the four-week trial period, which should start after you return from maternity leave.

[malibu#1]

Thanks, I think it would be suitable, I know they're only now offering it to me because I've pointed it out to them (wish I hadn't now) and that they're legally obliged to but if I refused it (because I don't want to go back) would i forfeit my redundancy pay?

[Bigredbus]

Indeed, if you are offered a suitable alternative job and unreasonably refuse, you will lose your right to redundancy pay.

[malibu#1]

Thanks for your help. Do you know where I'd stand with regards to them unfairly selecting me in the first place? I've proved that their scores are inaccurate and have given them evidence to show what they are saying is untrue but they still won't rescore me and I think that if I accept another position with them everything else will just be brushed under the carpet.

[Bigredbus]

Upon your employer applying the selection criterion, you found out that they unfairly scored you and consequently were at risk of redundancy, until you reminded them of the Maternity and Parental Leave Regulations 1999, reg.10

 

Following that, they offered you, what seems to be, a suitable alternative position, which you want to reject.

 

What, in this case, would be achieved by raising a grievance about your score, which if fairly applied to you at the time, would have given you the chance of remaining in employment with this present employer?

 

You have achieved this by reminding them of their legal obligation...

[malibu#1]

I know, it's just all so unfair, has had a massive effect on my health and I just don't think they should be able to get away with it. On the flip side, yes I should be pleased I'll still have a job but the whole thing stinks!!! It shouldn't be me at risk in the first place!

[Bigredbus]

Nevertheless, if you have solid grounds to demonstrate their real motivation as per the selection scoring, then they might have a hidden agenda...

 

I would advise you to keep a chronological diary of potential incidents and daily occurences at work...

[malibu#1]

Thanks for your help, I'm going to seek legal advice I think.