Redundancy on Maternity Leave

Hiya

I've been asked this question by a friend who thinks that I am the font of all knowledge lol, how deluded is she eh, mind you I don't admit to referring on here for most answers, so here's the question.

Can someone be made redundant whilst they are on Maternity Leave ?

[Eloise01]

Re: Redundancy on Maternity Leave

People are never made redundant, so on that basis no, of course they can't be made redundant on maternity leave because nobody is ever made redundant...

Of course, they can be dismissed by reason of the redundancy of their position at any time - so the answer is yes, she can be dismissed whilst on maternity leave. But it is slightly more complex because there are regulation 10 rights to consider, and I can't consider those on this amount of information.

[Sapphire]

Re: Redundancy on Maternity Leave

Thanks for the reply hun, sadly the only information I have is that this is an NHS department, apparently three people will have to apply for one job, the lady in question is concerned as she has been on two periods of maternity leave and has effectively only worked for roughly three to five months in the last two year period.

See I told you that I find employment law fascinating :grin:

[Eloise01]

Re: Redundancy on Maternity Leave

That information wouldn't be relevant. The three most important questions are: is she currently on maternity leave; is she on ordinary maternity leave or extended maternity leave; and is the job a suitable alternative position? If she is currently on maternity leave and the job is the same terms and conditions, etc (i.e. a suitable alternative position) then under regulation 10 rights she ought to be asking why she must apply instead of being offered the post automatically.

[wales01man]

Re: Redundancy on Maternity Leave

I have a general question about being made redundant for Eloise,
If you made redundant/ losing your job because its no more you are only entitled t wages redundancy payments as set out in law if the job has gone and the employer even if they lose a tribunal does not have the job or they hav gone broke what can anyone do?

[Eloise01]

Re: Redundancy on Maternity Leave

I have a general question about being made redundant for Eloise,
If you made redundant/ losing your job because its no more you are only entitled t wages redundancy payments as set out in law if the job has gone and the employer even if they lose a tribunal does not have the job or they hav gone broke what can anyone do?

Hmm. Again? In English? :tinysmile_grin_t: I am not at all clear what the question meant!

[wales01man]

Re: Redundancy on Maternity Leave

I was trying to say,if the job is not there after you have been made redundant what can you get apart from monies your legally owed.
After all if the business goes so do the jobs?

[FORCEOFONE]

Re: Redundancy on Maternity Leave

Might Eloise01 BE so kind as to give me clarification in a broad sense of maternity and redundancy

You cannot be dismissed from your employer while on maternity leave. In a sense you return to exactly the same job and position as though you never left

If the job roll then becomes redundant, the employer then offers you another roll within the organization that is relevant to your current contract of employment

If no roles are available within the business, normal redundancy procedures are then followed unless the business has its on terms in the contract of employment that do not breach the minimum statutory requirements

What i am getting act is this

1/ You cannot be dismissed by an employer just because of maternity
2/ The job roll can be made redundant through ETO reasons
3/ If the employer cannot reintegrate you back into the business, normal redundancy procedures then apply

Am i correct in that assumption??

[Eloise01]

Re: Redundancy on Maternity Leave

I was trying to say,if the job is not there after you have been made redundant what can you get apart from monies your legally owed.
After all if the business goes so do the jobs?

Well if there is no job there, then there is no job. I think I know what you mean - let me deal with Forceofone and see if that answers what you are asking!

[Eloise01]

Re: Redundancy on Maternity Leave

Might Eloise01 BE so kind as to give me clarification in a broad sense of maternity and redundancy

You cannot be dismissed from your employer while on maternity leave. Really? Who said so? because it clearly wasn't the law, which says no such thing. It is a myth that someone cannot be dismissed during maternity leave, and a very dangerous myth. You can be dismissed during maternity leave for all the same (fair) reasons that you can be dismissed at any other time.

In a sense you return to exactly the same job and position as though you never left No. Not "in a sense" at all. The law says that women on maternity leave are entitled to return to their former position on the same terms and conditions - and that means exactly the same terms and conditions, including hours of work - if that job continues to exist AND during their period of Ordinary Maternity Leave. If the position has been made redundant, being on maternity leave does not "reverse" the redundancy. In the event of the position being redundant, the right is to return to a suitable alternative position if one is available, and if one is available then the woman should be appointed without compeition unless there is more than one person on maternity leave for the job. However, if there is no job - and I mean that there really is not job - thenn the employer is not required to magic one up!

If you are on Extended Maternity Leave you do not, in any circumstances, have the right to return to your original job - only to one that is a suitable alternative.

If the job roll then becomes redundant, the employer then offers you another roll within the organization that is relevant to your current contract of employment If one is available! Maternity has many protections in place - but it is not a magic wand. if there is no job, genuinely no job, then that is what it is. The law does not require the employer to create one.

If no roles are available within the business, normal redundancy procedures are then followed unless the business has its on terms in the contract of employment that do not breach the minimum statutory requirements No - "normal" redundancy processes should be going on throughout, from the point inn time when jobs are identified as being at risk. The additional protections afforded to women on matrenity leave run alongside the redundancy process; they do not come inn to play after the process is almost completed.

What i am getting act is this

1/ You cannot be dismissed by an employer just because of maternity You cannot be dismissed because of maternity at all! But you can be dismissed for any other reason

2/ The job roll can be made redundant through ETO reasons You are confusing redundancy with TUPE - the employer does not require an ETO reason for redundancy. They don't actually require a reason at all, other than the fact they have decided to reduce their labour force or certain types of jobs / roles.

3/ If the employer cannot reintegrate you back into the business, normal redundancy procedures then apply Normal redundancy procedures always apply, and apply from the start of the process, long before this point. The fact that women on maternity leave have enhanced rights does not change the requirements on the employer to act appropriately in regard to wider legislation.

Am i correct in that assumption??

That is a very basic and generic correction of the position - the devil is, as always, in the detail.

[Eloise01]

Re: Redundancy on Maternity Leave

oops, I meant to clearify what I meannt by the same terms and conditions, because this is where people trip up. It means what it says on the packet. Same pay, same, conditions, SAME HOURS OF WORK. The minute the employee asks for something different to return to - like flexible working and reduced hours / days of work, all bets are off because the employee is asking for a different job. We had this on the other site recently - the employees position was being made redundant; there were some positions that were possibly suitable alternatives, but she wanted to reurn on fewer hours so that was what she asked to do and that changed the ballgame. If you are in this position you deal with getting a suitable alternative - on the same terms - first and then make a request for flexible working or contractual variation later, Do it the other way around and you are giving up your rights to return.