Currently on sabbatical, but facing redundancy

In April 2009 all staff at my organisation were asked to attend a meeting the next day regarding redundancies. There were a number of redundancies made across the organisation. Some were compulsory, but there was also the option to apply for voluntary redundancy or to request a sabbatical.

At the time I was 7 months into my maternity leave and my role was being covered by others within my team.

As I had very little time to make a decision, I took the decision to request a sabbatical. When I asked for confirmation from the HR director of the terms of a sabbatical (as there wasn't a formal policy in place), I was told that "Re sabbaticals, we are requesting that they are for a minimum period of 12 months and they will be unpaid. Staff would be entitled to return to their role on the same terms and conditions of employment. However, if this is not reasonably practicable, (the organisation) may offer you suitable alternative work, with terms and conditions that are no less favourable."

An agreement was made (and confirmed in writing) that I would take a sabbatical from the end of my maternity leave until April 2011 and that HR would be in touch three months before my return date to discuss options.

However, I've recently received a phone call from the HR department asking my what my intentions are (I confirmed that I do wish to return to work) and saying that it looks like they may have difficulties "accomodating" me within the organisation when I want to return.

I strongly suspect that they want to make me redundant. My old role continues to be 'absorbed' by others within the department.

Before I enter into further discussions with HR, I'd be grateful for any advice on where I stand legally and the best way to proceed. My ideal goal would be to return to work in a similar, if not the same, position, but if need be would I have a case for unfair dismissal?

Many thanks

No sorry - you have seriously screwed up here if that was your wish. You are guaranteed the right to return to your job, or a similar job, upon your return from maternity leave only. You extended your leave of absence with an unpaid sabbatical, and your return to work cannot be guaranteed any more than it would be if you had continued at work - in other words, you have a job, if you cannot return to it there is a right to be considered for suitable alternatives - but you can be made redundant just like anyone else, and whether it is fair or not will depend on them following (or not) the correct procedures as they would have to at any other time. It is actually very hard (although not totally impossible) to make someone on maternity leave redundant, and a better strategy would have been to return at that time and then "keep your feet under the desk" - but hindsight is a wonderful thing, unfortunately.

Thanks for that.

HR have emailed to let me know that they're advertising for a post to start immediately which could be considered similar to my previous position. They've asked me to let them know if 'I'm interested'. What rights, if any, do I have if I do indicate that I'm interested?

As I wasn't planning to return until April, if I indicate that I'm not interested in this particular post will that mean that I forfeit the right to a redudancy payment in April?

Sorry to bother you with more questions!

That's ok - I volunteer to be bothered! But yes, if you refuse a suitable alternative role you would loose the right to redundancy - or would if your employer chooses to look at it that way. I would have to say that if the employer wants you back at work and you want to have a job, I would curtail your sabbatical and get yourself back. Obviously if they aren't worried about you staying off them fine - but you are playing dicey games with the job. The way things are at the moment, give serious consideration to digging in your claws and not letting go of work!