Made redundant following someone else return from maternity
Discussion
My OH has just been told she's been made redundant
The reason given is that another employee has returned from maternity leave, and they are obliged to offer her a job - in this case my OH's! Does anyone know if this is legal - as the job still exists? She has been employed for five years, and the returner was previously employed in a different job capacity
Google searches all seem to cover the case for a returning employee being made redundant...
The reason given is that another employee has returned from maternity leave, and they are obliged to offer her a job - in this case my OH's! Does anyone know if this is legal - as the job still exists? She has been employed for five years, and the returner was previously employed in a different job capacityGoogle searches all seem to cover the case for a returning employee being made redundant...
Edited by anonymous-user on Wednesday 11th July 17:59
280E said:
My OH has just been told she's been made redundant The reason given is that another employee has returned from maternity leave, and they are obliged to offer her a job - in this case my OH's! Does anyone know if this is legal - as the job still exists? She has been employed for five years.
Google searches all seem to cover the case for a returning employee being made redundant...
Sounds iffy. It is not legal to make one person redundant to make a vacancy for another because it is the role that is being made redundant not the person, so how can the other woman fill a redundant role, that doesn't make sense. The reason given is that another employee has returned from maternity leave, and they are obliged to offer her a job - in this case my OH's! Does anyone know if this is legal - as the job still exists? She has been employed for five years.Google searches all seem to cover the case for a returning employee being made redundant...
Get some proper legal advice
TooMany2cvs said:
Two people, one job's worth of work - so one of the people is redundant.
It could be the person coming back who leaves. There's nothing to stop that, as long as the maternity leave isn't taken as a factor against them.
They're not obliged to give her a job, just because she's returning from maternity. It's something like 'they should give her a suitable role, should one exist'. That doesn't mean a role occupied by someone already. It could be the person coming back who leaves. There's nothing to stop that, as long as the maternity leave isn't taken as a factor against them.
If your other half is better qualified/experienced for the current role, then they should choose her (which does not discriminate based on her maternity leave in any way).
I'd guess they don't know what they're doing, and are trying to play it safe legally. However, they're actually doing the opposite.
How was your wife employed is the first question. If she was employed as maternity cover then they can do that easily as it was stated clearly.
If she was full time contract, not cover, then at very least they need to go through this by putting her job at risk and following the correct procedure.
Speculating here a bit, woman went off to have baby, said she will probably not come back after maternity, now changed mind but job filled. If her job she left for maternity on is still there, they will struggle not to take her back.
Best bet is to see what they are doing and then seek advice from an employment solicitor.
If she was full time contract, not cover, then at very least they need to go through this by putting her job at risk and following the correct procedure.
Speculating here a bit, woman went off to have baby, said she will probably not come back after maternity, now changed mind but job filled. If her job she left for maternity on is still there, they will struggle not to take her back.
Best bet is to see what they are doing and then seek advice from an employment solicitor.
If i read op right.
Op wife is employed full time for 5 years as say a secretary.
Another employee say cleaner goes off for maternity.
Cleaner comes back from maternity but there is no longer a cleaner role anymore.
Company give the cleaner the op wifes job as the Secretary and make op wife redundant.
Op wife is employed full time for 5 years as say a secretary.
Another employee say cleaner goes off for maternity.
Cleaner comes back from maternity but there is no longer a cleaner role anymore.
Company give the cleaner the op wifes job as the Secretary and make op wife redundant.
SmoothCriminal said:
If i read op right.
Op wife is employed full time for 5 years as say a secretary.
Another employee say cleaner goes off for maternity.
Cleaner comes back from maternity but there is no longer a cleaner role anymore.
Company give the cleaner the op wifes job as the Secretary and make op wife redundant.
Solicitor straight away if that is the case.Op wife is employed full time for 5 years as say a secretary.
Another employee say cleaner goes off for maternity.
Cleaner comes back from maternity but there is no longer a cleaner role anymore.
Company give the cleaner the op wifes job as the Secretary and make op wife redundant.
The company are supposed to offer a suitable alternative vacancy if one exists. They are not supposed to create one by making someone else redundant.BobSaunders said:
SmoothCriminal said:
If i read op right.
Op wife is employed full time for 5 years as say a secretary.
Another employee say cleaner goes off for maternity.
Cleaner comes back from maternity but there is no longer a cleaner role anymore.
Company give the cleaner the op wifes job as the Secretary and make op wife redundant.
Solicitor straight away if that is the case.Op wife is employed full time for 5 years as say a secretary.
Another employee say cleaner goes off for maternity.
Cleaner comes back from maternity but there is no longer a cleaner role anymore.
Company give the cleaner the op wifes job as the Secretary and make op wife redundant.
My missus is an HR officer. She says what the company has done is only kosher if the following applies: the maternity returnee does have priority if only one job is available BUT only if the role is a "reasonable alternative role" for her skills. If not then the OP's wife should keep her job.
This is known as bumping and bumped redundancy. It occurs when the company needs to downsize its labour force, redundancy, but has a need for one kind of work over another so they can create a post (in this instance for the returnee) and do that through making others redundant (your mrs) which in the round makes a reduction in headcount. It does not have to be a case of the person returning actually doing the job that is being vacated as redundancy.
Bumping is legal but is fraught with issues if you want to do it fairly. Seek legal advice but in reality if the situation has arisen then the employee being made redundant is not wanted so best not to fight it just get the best package you can and move on.
Bumping is legal but is fraught with issues if you want to do it fairly. Seek legal advice but in reality if the situation has arisen then the employee being made redundant is not wanted so best not to fight it just get the best package you can and move on.
Is the lady coming back from maternity leave suitably qualified to undertake your wife's role? If so, the company are avoiding a potential maternity discrimination claim and can do what they are doing.
A question remains however, who covered for the maternity leave and are they remaining?
A question remains however, who covered for the maternity leave and are they remaining?
Jasandjules said:
Is the lady coming back from maternity leave suitably qualified to undertake your wife's role? If so, the company are avoiding a potential maternity discrimination claim and can do what they are doing.
Why do people post on this forum when they clearly do not have a clue???OP, go and get some proper advice, the CAB are pretty good on employment and redundancy basics as a start.
craigjm said:
This is known as bumping and bumped redundancy. It occurs when the company needs to downsize its labour force, redundancy, but has a need for one kind of work over another so they can create a post (in this instance for the returnee) and do that through making others redundant (your mrs) which in the round makes a reduction in headcount. It does not have to be a case of the person returning actually doing the job that is being vacated as redundancy.
Bumping is legal but is fraught with issues if you want to do it fairly. Seek legal advice but in reality if the situation has arisen then the employee being made redundant is not wanted so best not to fight it just get the best package you can and move on.
Hmm, I am not sure I fully agree here. Bumping is legal but is fraught with issues if you want to do it fairly. Seek legal advice but in reality if the situation has arisen then the employee being made redundant is not wanted so best not to fight it just get the best package you can and move on.
Redundancy occurs when work of a particular kind ceases or diminishes at that location. It is always the role tat is redundant. I think if tyou make the incumbent redundant but then replace with a different person, then it will always be an unfair process with a legal remedy.
In this instance the incoming person is returning from Maternity. I vaguely remember from my EL course, that you can prioritise a returner to work for a role, but I think that would only occur where the legal definition of redundancy has already been met. Which in this case it hasn't.
However I do agree with the last point, if they really want to do this, then why stay, ask for six months money and leave with your dignity.
Gargamel said:
craigjm said:
This is known as bumping and bumped redundancy. It occurs when the company needs to downsize its labour force, redundancy, but has a need for one kind of work over another so they can create a post (in this instance for the returnee) and do that through making others redundant (your mrs) which in the round makes a reduction in headcount. It does not have to be a case of the person returning actually doing the job that is being vacated as redundancy.
Bumping is legal but is fraught with issues if you want to do it fairly. Seek legal advice but in reality if the situation has arisen then the employee being made redundant is not wanted so best not to fight it just get the best package you can and move on.
Hmm, I am not sure I fully agree here. Bumping is legal but is fraught with issues if you want to do it fairly. Seek legal advice but in reality if the situation has arisen then the employee being made redundant is not wanted so best not to fight it just get the best package you can and move on.
Redundancy occurs when work of a particular kind ceases or diminishes at that location. It is always the role tat is redundant. I think if tyou make the incumbent redundant but then replace with a different person, then it will always be an unfair process with a legal remedy.
In this instance the incoming person is returning from Maternity. I vaguely remember from my EL course, that you can prioritise a returner to work for a role, but I think that would only occur where the legal definition of redundancy has already been met. Which in this case it hasn't.
However I do agree with the last point, if they really want to do this, then why stay, ask for six months money and leave with your dignity.
I definitely stand by my last sentence as you agree. As soon as a company suggests you are the marked person just take what you can get and run. Start off asking for six months salary and work from a there.
Not a company I'd want to continue working for after a successful protest if that's how they treated me.
Find out what the redundancy offer is.
If you're happy with it, take it and move on. If not It's time for legal advice but whatever the outcome it's time to go job hunting I think.
Find out what the redundancy offer is.
If you're happy with it, take it and move on. If not It's time for legal advice but whatever the outcome it's time to go job hunting I think.
Edited by hornmeister on Thursday 12th July 13:37
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