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Hello,
I'm currently on maternity leave and have been selected for redundany. I have gone through the selection process and have been identified as the lowest score. I believe that I have been unfairly selected and that they are making me redundant because of my personal circumstances (being on maternity leave and that I'm the only part time worker).
I have had 3 consultation meetings and have proved, with evidence that their reasons for scoring me so low are incorrect and that they have made statements which are untrue and basically demonstrated that thier scoring process is 'flawed' and done to suit. However, they are still insistent that everything has been done fairly and will not rescore me.
I pointed out Regulation 10 to them and they have since offered me another position within the company (terms and conditions haven't been discussed yet). After everything that's gone on with them (it's made me ill) I don't want to return there and want to accept my reundancy and take them to a tribunal. Can anyone advise where I stand with regards to the other job offer? If I don't accept it am I still entitled to my redundancy pay?
I've been to the citizens advice and they have advised that I need to question absolutely everything - which I have but it seems the more I question the more they're getting deeper into it and I'm afraid that I'll have no choice but to go back doing the other job which isn't what I want..........HELP!!
Unfair selection for Redundancy whist on Maternity leave
- 28-02-10, 05:20 PM #1Malibu#1
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Unfair selection for Redundancy whist on Maternity leave
- 28-02-10, 10:40 PM #2
If the other job is suitable for you, in terms of job content being suitable for your skills and experience, and terms and conditions being the same or no less favourable, then no you can't refuse it and still be entitled to your redundancy pay.
You might have a claim for sex discrimination and/or less favourable treatment as a part time worker, depending on all the circumstances. But assuming this other job is suitable, you wouldn't be out of a job or have any actual financial loss so going through the expense and stress of bringing a claim just for injury to feelings may not be worth it.
I'd suggest finding out more about whether this other job would be suitable, and taking it from there. If it's not suitable, you can say so and treat yourself as dismissed by reason of redundancy, then appeal and potentially claim unfair dismissal/sex discrimination if you want to. If it would be considered suitable you could bring a grievance anyway and decide based on the outcome of that whether you want to take it further.
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