Redundancy selection process when on Maternity - is this unfair?

My employer is making 1000 jobs redundant, including 3 in my dept. I is a PA, 1 same job as me but only been in job for short time and me. However, my boss and another guy (who does the same job as me) are safe. They identified that the 3 positions will no longer exist, so they say there is no reason to apply a selection process, so my job has gone straight to "at risk". My argument to them is that the other guy who's job is safe is not as qualified or experienced as I am. He is a grade up from me, but only got the promotion as he was promised this by a previous line manager and we inheirited him from another area of the business, not because of his ability or expertise in the job. If my role no longer exists but this guys does, does that mean that a selection process should have been applied to identify whether anyone else could have done the job that is safe? I've been on Maternity Leave since last year and am due to return in March. I do believe there is an element of sex discrimination here - my boss was not too happy when I got pregnant. I had some pregnancy health problems from fairly early on and had to take sick leave a few times. On one occasion after being off sick for 2 days I was told to get a sick note! My midwife intervened and my boss backed off, but I can't help thinking that this is a convenient excuse to get rid off me. Proving it though, might be an issue. I have formally raised a grievance about this and they have responded with the same old argument: the role will no longer exist, hence no need to have a selection process. They also say the safe guy's role is distinctive from mine, but don't explain how. My boss always said that he was the southern cover and I was the north. He is also studying for the higher qualification that I hold. If we don't do the same job, why did I mentor him when he started? I'd already been in the job 3 years before he started. It doesn't make sense. Does anyone think I have a valid legal case for unfair dismissal.

Your advice is most appreciated.

M

Hello M

I am sorry that you have been informed that you are at risk of redundancy and the stress that you are obviously going through. Even though you are on maternity leave you are entitled to be consulted with.

You have not said what job titles you and this other person has and if you have the same job descriptions. If you dont, then technically they can select your position individually rather than selecting from a pool.

It would be helpful to know if you have had consultation in line with the statutory process on this and whether you have raised these issues during the consultation.

You also need to find out why your position has been selected and you have the right to have a reasonable response to your query as to how they have distinquished his role from yours.

If they do confirm your role as confirmed as redundant then you will have the right to appeal and you can appeal on the fact that maybe the right process was not followed, you feel that the selection of your position is unfair and that they gave you no justifiable reason for the selection of your position.

However, without further information this is hard to actually define if you have a case of unfair dismissal.

Therefore, to have more information about the process would be more helpful.

Best wishes

Carol

Hi Carol

My job is Group Health & Safety Manager and the other chap is Group Safety Manager. I'm not sure if his job description is the same but he certainly did the same role as me and had to take the same qualifications as me, as required to measure competence in a safety role.

I have tried to raise this through the collective representative, but have been told that this must be dealt with via the individual consultation route (my 1st meeting is on 5th Feb). I have already raised a formal grievance and my boss has provided written confirmation that it is the role I do that is at risk and the decision has nothing to with individual competencies. There has not been any explanation as to who did the selection and on what basis the other role has been retained. The process has not been transparent at all. The only thing he has said is that the safe role is distinct from mine and the safe role is an M4 grade and I am a grade lower (M5). He doesn't state how it is distict. This is the only consultation I have had, apart from the collective which confirms my package and benefits etc.

Your ongoing advice is most appreciated.

many thanks
M

Dear M

When you have your first consultation meeting I would raise all your queries including asking to see how the Safety Manager's role in its duties and key responsibilties differs. As I said previously you have a right to be informed how the two roles have been distinquished.

Just ensure they follow the statutory redundancy process that you can view on BERR's or Acas' websites.

If you have raised a grievance I assume you had a meeting to have had a written response? If you did not like the response you have the right of appeal.

To ensure that your company is following their dismissal and grievance procedures as well check out their disciplinary and grievance procedures as well.

Hope this helps and good luck with your first consultation meeting.

Carol