Redundancy during maternity leave- don't want to accept protected position

Hope someone can give some advise.

Am due to go on maternity leave from 1st February 2012.

My team has been notified last Monday that there will be likely redundancies as due to restructuring the amount of positions will be reduced from 6 to 2. The redundancy is likely to take place around end of April.

As I am on maternity leave from coming Wednesday, I am protected and one of the two positions has my name on it.

Now I was not intending to returning to this position, because I dont want to return full time and the job is highly stressfull and involves a lot of traveling. Also, I wish this role to go to any of my other colleagues who 'need' it more than I do.

Do I have a case which means I can ask to be made redundant, get redundancy pay and just leave? HR has already advised me that they would not provide a redundancy payment on my return from MAT leave, should I elect to accept the role now, i.e it is not something which is open for discussion at a later date.


I if decline the option of the new role now, citing that my position upon possible return will have changed so much that the role on offer is not appropriate any more, would i legally be entitled to redundancy pay?

Your thoughts/advise would be much appreciated


Best Regards,

Smith1983

No - you wouldn't be entitled to redundancy pay. That does not mean that the employer may not elect to pay you redundancy, but they don't not need to. I am afraid that your changing circumstances in the future are not a legally valid reason to refuse a suitable alternative position.

Thank you!

Would there be anything unwise about me putting myself forward for redundancy at this stage? Could I cite 'compassionate' grounds?

I guess if they decline it, I can just accept the position as maybe my circumstances will change (meaning i would like to get my job back). Then I can try and negotiate difference in work position/hours if that time comes.

Provided you are absolutely clear that you are not agreeing to redundancy but enquiring if they would consider this as an option for discussion, then ask the question.

ok thanks!