Help for my daughter please after maternity leave, constructive dissmissal

[shimeld]

Hello and thanks to all for the help you have given me so far.

My daughter has an issue following her maternity leave and we believe that there may be a case to anwswer here.

She has worked for this company in her current role for over a year and was in a lesser role previously for a year so in total of two years.

She is nearing the end of her maturnity leave and went for her back to work interview last week assuming that it was just to discuss her terms and to ask for part time working instead of the full time that she was on before having her baby.

In the interview she was told that her just role had changed and that she was now to work within the London office 5 days per week with an average of 6 three week spells overseas per year and that if that was not possible for her they would try to find another role within the company on a part time basis.

Today she recieved notification that there were only two other jobs available which are York (43 miles away), and Stirling (252 miles away). London being 185 miles away.

So her role before maternity leave was on the road, the London job is office based since all of the roaming work is no longer possible and all this type of work is to be done in house in London.

The York and Stirling jobs are both retail counter work.

We think this is a case of contructive dismisal based on the fact that all of the jobs offered are impossible for her due to financial constraints, logistical issues and issues with child care.

Is this correct and what course of action is open to her?

Thanks again and I hope you can help.

[Kafka]

Re: Help for my daughter please after maternity leave, constructive dissmissal

What were the contractual arrangements made about the maternity leave and her return?

[shimeld]

Re: Help for my daughter please after maternity leave, constructive dissmissal

What were the contractual arrangements made about the maternity leave and her return?

Hi Kaftka.

Thanks for your reply. She told them when she was going to go on maternity leave and recently she told them when she would be returning and filled out a standard form for this and also within this form she requested part time hours. The form was returned to the company prior to the back to work interview.

As far as I know it's standard terms and conditions apply.

Thanks again

[teaboy2]

Re: Help for my daughter please after maternity leave, constructive dissmissal

Hello and thanks to all for the help you have given me so far.

My daughter has an issue following her maternity leave and we believe that there may be a case to anwswer here.

She has worked for this company in her current role for over a year and was in a lesser role previously for a year so in total of two years.

She is nearing the end of her maturnity leave and went for her back to work interview last week assuming that it was just to discuss her terms and to ask for part time working instead of the full time that she was on before having her baby.

In the interview she was told that her just role had changed and that she was now to work within the London office 5 days per week with an average of 6 three week spells overseas per year and that if that was not possible for her they would try to find another role within the company on a part time basis.

Today she recieved notification that there were only two other jobs available which are York (43 miles away), and Stirling (252 miles away). London being 185 miles away.

So her role before maternity leave was on the road, the London job is office based since all of the roaming work is no longer possible and all this type of work is to be done in house in London.

The York and Stirling jobs are both retail counter work.

We think this is a case of contructive dismisal based on the fact that all of the jobs offered are impossible for her due to financial constraints, logistical issues and issues with child care.

Is this correct and what course of action is open to her?

Thanks again and I hope you can help.

When you said they said her role had changed, do you mean her position prior to maternity leave is no longer available/exists?

When you say maternity leave do you mean the period of ordinary maternity leave ( up to26 weeks) or additional maternity leave period (26th week to end of 52nd week)? - I ask as rights upon return different, so its vital we know which period of maternity leave she is returning from!

What where her terms for working hours/days per week and any overseas work and wages/salary, prior to her leaving on maternity leave?

[shimeld]

Re: Help for my daughter please after maternity leave, constructive dissmissal

When you said they said her role had changed, do you mean her position prior to maternity leave is no longer available/exists?

When you say maternity leave do you mean the period of ordinary maternity leave ( up to26 weeks) or additional maternity leave period (26th week to end of 52nd week)? - I ask as rights upon return different, so its vital we know which period of maternity leave she is returning from!

What where her terms for working hours/days per week and any overseas work and wages/salary, prior to her leaving on maternity leave?

Hi Teaboy.

She had the standard 26 weeks term of maternity leave.

What they mean by her role has changed is that she would do the exact same job with all the same pay, hours etc, and foriegn travel which was possible before except that her role as a travelling trainer would now cease and done from only from the London office due to re-structuring of the companie's method of providing training to clients. There will no longer be mobile trainers except for clients overseas. The new working practice does not allow for part time work.

Her role prior to maternity leave did not allow for part time working as far as I am aware. It was a full time role only.

Thanks

[teaboy2]

Re: Help for my daughter please after maternity leave, constructive dissmissal

Hi Teaboy.

She had the standard 26 weeks term of maternity leave.

What they mean by her role has changed is that she would do the exact same job with all the same pay, hours etc, and foriegn travel which was possible before except that her role as a travelling trainer would now cease and done from only from the London office due to re-structuring of the companie's method of providing training to clients. There will no longer be mobile trainers except for clients overseas. The new working practice does not allow for part time work.

Her role prior to maternity leave did not allow for part time working as far as I am aware. It was a full time role only.

Thanks

Right so effectively are they saying they have made her role Redundant? - One way to know for sure is if any one else was made redundant that performed the same role or had same job title! Or do they still perform the same roles?

As shes returning from the 26 week maternity (ordinary period) then she is entitled to return to the same job with same terms (unless varied upon her request or agreement) with same pay etc. Or similar role with same terms.

If her position was made redundant, they should be offering her suitable alternative employment (this can be with an associated employer too), such role should have terms and conditions that are not substantially less favorably to her than her original role. I.e. Travel distance, pay rate etc. Id say given the travel distance between her home and place of the positions offered to her, that they are not suitable alternatives. She would therefore (if and only if her original role has indeed been made redundant) entitled to full redundancy pay and all other pay and benefits associated with termination of her employment. However, her role was selected for redundancy and no one else's role, then she may have been selected because she was pregnant which would give grounds for unfair dismissal under sexual discrimination). Though the employer would also have another problem if the role was made redundant, they did not inform her of consult with her as per standard redundancy and dismissal procedures

[shimeld]

Re: Help for my daughter please after maternity leave, constructive dissmissal

Right so effectively are they saying they have made her role Redundant? - One way to know for sure is if any one else was made redundant that performed the same role or had same job title! Or do they still perform the same roles?

As shes returning from the 26 week maternity (ordinary period) then she is entitled to return to the same job with same terms (unless varied upon her request or agreement) with same pay etc. Or similar role with same terms.

If her position was made redundant, they should be offering her suitable alternative employment (this can be with an associated employer too), such role should have terms and conditions that are not substantially less favorably to her than her original role. I.e. Travel distance, pay rate etc. Id say given the travel distance between her home and place of the positions offered to her, that they are not suitable alternatives. She would therefore (if and only if her original role has indeed been made redundant) entitled to full redundancy pay and all other pay and benefits associated with termination of her employment. However, her role was selected for redundancy and no one else's role, then she may have been selected because she was pregnant which would give grounds for unfair dismissal under sexual discrimination). Though the employer would also have another problem if the role was made redundant, they did not inform her of consult with her as per standard redundancy and dismissal procedures

Ok I have just been informed tha my daughter has been on 52 weeks maternity period. (Forgive me it's my age you know).

She has been in contact with a coleague who is also due to return from maternity leave and she is not yet aware of the new restructuring of the company.

Thanks again

[teaboy2]

Re: Help for my daughter please after maternity leave, constructive dissmissal

Ok. I will get back to you tomorrow, as got few things to do here.

[teaboy2]

Re: Help for my daughter please after maternity leave, constructive dissmissal

Right after 26 week period your entitled to return to work in same job.

After 52 weeks your entitled to the same - However, if your employer shows it is not reasonably practical to return to your original job (for example, because the job no longer exists) you do not have the same right. In that case, you must be offered alternative work with terms and conditions as if you hadn’t been away. So any alternative role most have same or equivalent terms and conditions. It must also be a reasonable alternative i.e. somewhere you can get too and not 100's of miles away.

So where back to the same question was your daughters role made redundant - If so, why was she not made aware of this as per proper redundancy procedures? And why was she not the first to be offered alternative roles when the alleged restructuring occurred? - We basically need to find out if her role was made redundant, if their had been a batch of redundancies? Why she wasn't informed at the time of these changes etc. Basically she needs to be asking them serious questions.

Personally i suspect when they said about restructuring that the role was made redundant, in which case they should have informed her and offered her suitable alternative vacancies available at the time, as well as the option to opt for redundancy pay! But they haven't so now they are in a pickle and have to offer her suitable alternative with same terms and conditions, hours (unless agreed otherwise) pay rate and benefits etc!

I think she should also contact ACAS, as well and advise them as to the situation as they can act as a mediator between her and the employer too.