Being made redundant on first day back after maternity leave

I have worked in a relatively senior position for my company for 19 years and went on maternity leave last April, I returned back to work as planned at the beginning of March and was immediately taken into HR where I was told that I was at risk of redundancy. Since then I have had a couple of consulations with my company where I have been taken through their scoring for me.

Points to note are: They conducted the selection process back in December, made 12 other people from different departments redundant in January but didn't tell me I was at risk of redundancy until my first day back in the office in March.

The criterion they have used is performance related (and subjective) and out of 12 people at my level they have scored me the lowest (when I have an unblemished record) - and am one of the most experienced at my level.

Out of a department in total of 80 people they decided that someone at my level (out of a pool of 12 of us had to go) and it was me.

I took my first maternity leave in 2006 and returned to work in Jan 2007 from that period until I left for my second maternity leave I had no boss to report into and had no appraisal - therefore I am disputing their scoring of me as they really have little evidence of my performance.

They keep on extending my consultation period - they have now extended it until end of April - do you think I have a strong case for sex discrimination and unfair dismissal?

Thank you

Hi Natasha

As you have not yet been made redundant you do not have an unfair dismissal claim, but it does sound like you may have in time. I should certainly make sure your concerns about the subjectivity of the selection process are highlighted - you may even want to suggest more objective measures that they might want to employ instead, such as attendance, qualifications, skills, experience, etc.

If they use purely subjective criteria without supporting evidence, a tribunal may be entitled to infer discrimination, because of the timing.

Hope that helps

Pete