redundancy at end of maternity leave

[Mrs TP]

Due to restructuring, my employer started individual consultation re risk of redundancy (as less than 20 employees involved)a month before I was due to return from the full 52wks mat leave.

The consultation period finished 2 days after my official return to work date and the findings of the consultation were announced two weeks later - I was told my position did not form part of the new structure and I continued to be 'at risk' of redundancy. Much as this was after my official return to work date I had not actually gone back and was on leave accrued whilst on mat leave, which my employer was allowing me to take straight away. They are now saying they do not have the additional mat responsibility of offering me a suitable alternative role on the same terms and conditions as the final announcement was made after my return to work date. I think as they started the whole process whilst I was on mat leave they are wrong? Any advice greatly appreciated.

On from this they have made the decision on the basis 'post goes post holder goes' without doing any kind of skills matrix, which is all I can find reference to all over the web. Anyone know if 'post goes post holder goes' is correct? My employer states that this reason is being applied consistently and that is all that matters.

Also there were new roles available in the new structure. At my grade my old job jigged around a little with some work passed out to others to free up time for extensive travel both within the UK and internationally - an average of 2 to 3 days travel per week. My boss knew that with 3 children and a husband who travels for work that I would be unable to commit to this and so I haven't applied. Prior to this there was only the requirement to attend one international conference a year for 3 days, which I did attend. Anyway guess what, yep you got it - my single childless maternity replacement got my 'new' role. I am still waiting for the figures that show the changes to my role were necessary and justified.

There was another job at my grade, more office based and so I expressed interest in this on the condition that I was given my current 2 days a week working at home (I do full time, 3 days in office and 2 at home each week). They have refused to carry over my existing terms and conditions saying as my current role being made redundant they don't have to do this and that the role isn't suited to it but they could stretch to perhaps 2 to 3 days a month at home.

I haven't actually gone back in after I was due back 11 Jan but have been signed off by doc with work related stress and anxiety due to all above - there is even more going on a flexible working request filed before all this started was treated illegally and I have put in a grievance against my boss for sexual discrimination, bullying and harassment re the way he treated me before I went on mat leave.

I am now due to go in for a meeting on Tues at which I am highly likely to be given my official notice of redundancy.

Any pointers on what I can say to them re how badly I have been treated would be greatly welcome. I do have rather colourful private rantings that much as I would like to say are probably not appropriate and so was thinking more along the lines of legal argument.

I have spoken with ACAS and will call them again before the meeting and I am in a Union who are rubbish at responding to emails and who I think are preoccupied with BA staff and postmen rather than little old me on my own - although they have sent me a form to complete once I get my redundancy notice which will help them decide whether or not I have a case for an industrial tribunal.

It is all so draining ...

[sian]

HI so sorry to hear this. Have you tried looking at mumsnet to see if there is a relevant thread?

[ladywotlunches]

Oh - so sorry to hear this. My situation was a little different as I was made redundant a few months after returning to work, but it just sucks!

I did some online research, and it all gets very confusing, but in the end I spoke to a couple of the 'no win, no fee' employment lawyers to see if I had a case. There was one in London Bridge I remember who was helpful. (just do a Google search to find the type of people - they are all there!) That way, you can get advice on your specific case. In my situation, although what they were doing was not strictly correct, the advice I got was that the redundancy package was so good it would be highly unlikely I'd get better at tribunal (plus all the stress etc). So I rose above it, went on to do other things, and the upshot is that now I'm working on a freelance basis - with a much higher day rate - for the same company, but much more on my terms (I choose my days, whether I work at home or in the office etc etc). It really wasn't me, it was the restructure, and my old boss is really pleased I'm back too.

Its a cliche, but this could well be the best thing to happen to you!

Good luck x

[Mrs TP]

Sian - thanks I put a post on mumsnet which has really taken off and interesting to see varying people coming down on either side. Given me pointers as to what I may come up against.

Ladywotlunches - I agree my best position is to negotiate a good settlement and work on a freelance basis once the dust settles.

I can see loads have read this post but few commented. It is a sorry tale of woe and really comes down to legal argument.

Have had some helpful PMs from a couple of supportive forumites.

Thanks to all and I will let you know how it pans out.

In the meantime we are set to enjoy the wee ones 1st birthday today with a birthday tea.

[sb]

.

[EmilyE]

As an initial step (before contacting an employment lawyer) you could try contacting the CAB. (Citizens Advice Bureau). My mum used to volunteer for them, and they had people who had done quite a lot of training in this kind of area, so could advise on unfair dismissal and so on. I don't know where the nearest one is, and I imagine it wouldn't be a fun trip, but it would be free.

Just realised that your meeting was today. Hope you were pleasantly surprised.

[Mrs TP]

Thanks to all. I did pay to see a lawyer in the middle of all this who provided some excellent pointers but things have moved on dramatically since. Cost me ?250 +VAT and he wanted a down payment of a further ?1,000 against further consultation so I stepped away from that. Did get my official redundo notice today and garden leave for the 12wks notice I am supposed to do - the only saving grace in the middle of all this. Anyway now I have my formal notice I can pursue through house insurance legal cover and my union if they are able to step up a gear. I see a couple of people have mentioned the CAB - I have looked at their website in the past and it is so draining trying to work out which office I am entitled to attend and at what time - they are v. restrictive but will try harder down that line now. ACAS also wanted me to call back when officially redundant so plenty of avenues to follow but not tonight.

When got home tonight was greeted by my brood (3 daughters) waving a big bunch of flowers and welcoming to my new role as a full time Mum. Mr TP cooking my fav scallops - it is good to be home. Still some choc b'day cake left from little one's 1st b'day yesterday too.

x

[ladywotlunches]

Mr TP - so lovely to hear your family are looking after you so well! Its really difficult to do (I tried) but if you can, make the most of this enforced gardening leave to enjoy life! I think that this means you still have 3 months to bring any claims, as you're still officially employed. I also still think the no win no fee option might be one to follow - I was also skeptical of this approach, but wasn't even as sure as you were to want to pay the initial ?250 to a lawyer. And like you say, the CAB is so complicated!! Landau Zeffert Weir were the guys I contacted: http://www.redundancyhelp.co.uk/legaladvice.htm. And also Mundays, I think (though not sure on that one http://www.mundays.co.uk/docs/people/employment.htm)

Onwards and upwards!