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redundancy

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  • redundancy

    Hi,
    I have recently been made redundant by a district council. All staff of my grade and post were made to interview for our jobs and I was one of four that were unsuccessful.
    I have no problem with this, I accept that I didn't interview as well as the four successful applicants. What I am unhappy with is that one of my colleagues didn't have to interview as she was on maternity leaveat the time. She has just kept her job. I realsie that it would be unfair to make her redundant, but surely she should have had to interview in the same way that the rest of us did.
    I look forward to peoples thoughts.
    Thanks
    Nick
    Tags: None

  • #2
    Re: redundancy

    Am afraid its a different set of rules when dealing with redundancies and people on maternity leave. Under section 74 (3a) of the employment rights act 1996 the employer must offer alternative employment to a person on maternity leave. Therefore, it is up to the employee if they take up the alternative employment within company (council in this case) or if she takes redundancy instead. Therefore the council has no choice but to offer the new position to her - Hence why they did not interview her.

    I know it doesn't sound fair, but the law is there to protect the interest of the mother and the child. In otherwords in is in the mother and childs interests for the mother to be in work earning a living to better provide for the childs everyday needs than it is for the mother to be out of work and on benefits.

    If they had not offered the position to her or if they had interviewed her and not accepted her application, then her redundancy would have been deemed in law as unfair dismissal.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    Comment


    • #3
      Re: redundancy

      This may help

      http://www.equalityhumanrights.com/a...ternity-leave/
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

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