redundancy

[trenchn]

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

[teaboy2]

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.

[charitynjw]

Re: redundancy

This may help

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