Unfair Dismissial - is it worth pursuing grievance?

Hello

I was informed back in June that my post was being deleted due to a restructure. I was on maternity leave at the time. It turns out that I was the only person to be made redundant.

I have since submitted a grievance to my employer as I don't think they followed the correct consultation procedures as I was not given any opportunity to discuss my post. I was told my post had been deleted and given a brief outline why. My work load has not diminished - in fact we are busier than when I was employed four years ago. My office recruited another member of staff in May. I also had issues with a senior manager and raised an informal grievance for bullying and harassment before I went on maternity leave.

I want to show them that they were wrong for coming to this decision but as the situation has become rather bitter, I certainly don't want my position back now. Having spoken with ACAS, they have said that I should go for sex discrimination but I think this would be very hard to prove.

Is it the grievance worth pursuing? It is causing so much stress but I really want to prove that I have been treated unfairly.

Any advice and thoughts on this matter would be greatly appreciated.

TIA

You are right - it isn't the easiest thing to prove. But I think you should go for it. Deleting a single post while on maternity leave is highly "contentious" to say the least, and while the workload may continue to exist (this is in fact ok - it is the post that is made redundant not the work) there are provisions around consultation, the right to suitable alternative employment (which are enhanced rights for women on maternity leave), etc which appear to have been "skirted around" if not done at all. However, you are rapidly running out of time. I think that the three months time limit for a claim has already passed from what you say, but this may be extended for claims of discrimination. I'd suggest that you get some legal advice, or speak to the Equlaity and Human Rights Commission. ACAS are known to be a bit didgy around giving accurate legal advice, and it isn't their job anyway.

Thank you for your very quick response and thank you for reassuring me that I do have a case. I am off to contact the Commission now and find their view on my situation. I have had redeployment counselling but no similar jobs have come up in the mean time. The official redundancy letter was sent out in August so I think I am still covered. My employer did not give me any information in appealing the deletion and have been trudging many an internet site finding out my rights. By the way, how can a job be deleted when the work is still there?

Many thanks once again.

Don't put words in my mouth I didn't say you had a case - I said it was worth pursuing to see if you had one! It would take a whole lot more information to say you have a case - although not advising of a right to appeal is a good start! The definition of redundancy is that a "post" or posts disappear. Work can still exist and be re-allocated to existing members of staff. This is commonplace. Frankly, most sensible employers would have waited until the day you got back from maternity leave - then given you notice of redundancy. Your additional protections disappear the moment you step over the threshold.

Sorry *very red face*. I wasn't assuming I had a case it was just nice to hear that I should carry on. I am off to find a solicitor today to help me. Once again, many thanks.