Restructure and potential redundany whilst on maternity

Please help. I am currently on maternity leave and have been so for now 9 months. Recently my employers invited me to a meeting with other managers to outline a proposed restructure. My post has been now included within a new post in the structure. We were invited to put forward expressions of interest for posts that we felt we had appropriate experience. I met with two of the senior managers and was given little information or advice other than to put forward my expression of interest and potentially be invited for interview. I have just been requested to attend interview. I have sought advice and it has been contradictory. On one hand I am being told that I should be 'offered' a post in the the new structure or at very least have a discussion as to what would be suitable or not. The fact that I have been invited for interview indicates that they must consider that I have some of the desired requirements for the job? Other advice, and the way that my employer seems to be going, is that I have no 'right' to any post in the new structure and that only if I was unsuccessful at interview would I then be 'at risk' of redundancy and at that point would I have the right for re-deployment 'if' there was a suitable vacancy. I do not know where to go for correct advice. I do not want to upset my employers by taking a grievence at this stage but at the same time I feel that I will be at a distinct disadvantage going forward to interview and I do not know if I can ask them how they will treat me fairly. Any advice gratefully received.

Hmm - you are right and the advice is murky because your situation is greyt. You are not in statutory maternity leave - you are in the "extra bit", and as such you do not have the same protections as you would have had months ago. The employer is correct - they do not have to offer you a post automatically because you are no longer guaranteed the right to return to your job, only to a suitable alternative if one is available. It is grey - to be honest most employers err on the side of caution because being wrong may be costly, in legal fees if nothing else. But on technical grounds they are correct. I think you have to go with the flow and see what happens. You should certainly ask any questions you want about how you will be judged given your maternity leave etc. Then come back if you need furtehr advice.

Many thanks SarEI. Could a suitable alternative be a role in the new restructure or can I only access this once the initial restructure is in place? What would account for them being 'wrong'?

Please can you advise how I ensure I am getting the right legal advice? I have asked ACAS and legal helpline on my home insurance and their advice was contradictory to other advice I have been given?

many thanks

It all seems very convenient for them that I was actually redeployed after my first maternity leave into a role that originally they suggested to me and then reduced the salary. I have only been in this role for 8 months before being on maternity for a second time. I think the day that they contacted me with the new restructure was when I can off ordinary maternity leave.

Not that convenient - the applicable date is when you return, not when the restructure is notified. So you would have had to return at the end of your ordinary maternity leave.

In terms oif what a suitable alternative is, I am afraid that the only people who can answer this question are a tribunal - the best anyone else can do is give you an educated guess. The best educated guess you will get will be from a lwyer specilaising in emplo0yment law and in full possession of the facts. So that answers you other question - you need to consult a lawyer.

many thanks for your very prompt reply. I appreciate your advice and support as I feel very alone...

Can I ask: could a suitable alternative be within the posts of the restructure? One of the posts is what I was originally made redundant from - albeit in name and the extra area of work that the person who was successful in gaining brought to the role (they took on the role with no knowledge or experience of my area whilst I have some experience of the smaller area that they brought with them).

Re: lawyer. Is there somewhere you can suggest to find one or is it a case of Yellow pages?

many thanks again

In terms of suitable alternative - it is compared to your current job and not a previous one - although you can argue anything you like with the employer. Staying well away from the law wherever possible is the best advice - settle amicably if you can and never threaten going to law. Once you do you have blown all negotiating space, and the law is a lottery ticket!

The best recommendation if you can find one is personal - someone who has used one before. Otherwsie, most will offer a free introductory session, so maybe try a few who do. never settle for anyone who is too gung-ho - if they tell you it is an absolute winner then they are rarely right (and not here!). Be wary - although it shouldn't happen, some will tell you what you want to hear just for the fees they expect to collect from you. No win no fee can be a great assessor - if they won't touch the case they think it's lousy! They make money by you winning, ergo, if there is not real chance of that.... So at least they can give you a good idea of where you stand.

Thanks SarEI again for your very prompt reply... do you take a break!

Can you advise me as to whether I should be discussing now with my employer any 'suitable alternatives' that are available in within the new posts in the new structure or do I have to undertake the selective interview where I feel at a complete disadvantage due to being on maternity leave.

With so many colleagues at work being on holiday I do not have access to information that would bring me up to speed and be appropriately briefed as to what has been happening in the workplace and particularly in my area of work. I know so much has changed in terms of the word and also policy in the 8/9 months I have been on maternity leave.

Thank you regarding your advice regarding getting professional advice. I am very keen not to go down this avenue. Last time when my post was made redundant I did not fight or make any difficulties for my employer. I was keen for an amicable arrangement which eventually we came to. I feel very frightened this time and really do not get a sense of whether my employer is keen to redeploy me or not. Hence why I need to know should I be seeking the 'suitable alternatives' at this stage or whether I have to do this once the restructure has taken place.

Many thanks in anticipation of you advice.

You should be raissing any questions or issues now - don't leave any discussions until later. There's a handy "idiot's guide" here How to comply with regulation 10 Maternity and Parental Leave Regs that you can use to form your questions. But please be aware that like any general information, the devil is always in the specific detail, so whilst this is an accurate reflection of the law in general, there is some lattitude and interpretation. But since I hardly think it practicable to read all the laws and all the case law to make sure that you get it all right, this will do very nicely for you.

Thank You so, so much. Feeling a little more confident on a way forward. Here's hoping I get a little more sleep tonight...

An update. I have attended interview and not been successful.

Can I ask: When I was first made redundant and then redeployed my employers did not offer me suitable alternative work. I was redeployed into a role on substantially less salary and less responsibility. I now know that they should have offered me the post that was created in the original restructure that included all my area of responsibility plus a smaller department. Can I claim that since they did not regard Reg 10 the first time that they put me as disadvantage to my current situation. This is the case, I have had a less responsible job and my confidence is lower as a result of what they did the first time. By not getting the higher role in the last restructure I felt disadvantaged at interview for my current situation. Does this make sense or am I just feeling a victim of circumstance...