Dear experts

Is it fair that I am the only person on mat leave and the only person now NOT being offered redundancy (employer has changed their mind)?

I have been on maternity leave since 16th March 2009 and was told on 2nd April that I was at risk of redundancy.

I met with my employer shortly ater my baby was born on 3rd April and was told that they didn't "need" to make me redundant as I wasn't costing the company anything. I was then left waiting for 3 weeks and when I was called back in to meet with them again, I was told I was redundant and that they would get final figures and paperwork out to me.

A week later I had heard nothing and finally "woke up" following the birth of my baby and realised that I had not been offered alternative employment etc and that I should probably investigate that. Other employees had been offered variable salary (as redundancies are being made due to cash flow problems) so I asked for more info.

I was told (by email) that I could opt for that but if I did it would be a contractual change. I was in the process of pulling together questions relating to this option when out of the blue I got a call saying that they had in fact changed their mind and wouldn't be making me redundnant.

This should in theory be a good thing but my concern is that the reasons for this change are very likely to be as a result of them finally looking in to my entitlement in terms of paid notice etc and realised that they would be better off not making me redundant now, putting me at risk of not being able to claim anything if the company folds before I am due to return from mat leave.

This is my third child so I am having to pay childcare to keep my current places open in order for me to be able to return to work. At this rate, I will end up paying over £1000 in childcare, only to be made redundant later anyway.

We all know that the situation hasn't improved since April and I feel that by NOT offering me redundancy while offering it to everyone else, they are treating me unfairly because I am on maternity leave. If I wasn't I would definitely have been made redundant by now as they cannot afford to pay my salary.

As they have verbally told me I am redundant but not put it in writing, I assume they can legally change their mind, I am just interested to know where I stand in terms of being the only person NOT offered redundancy and being the only one on mat leave. I feel that the reason they are not making me redundant is that they have just realised it will cost and the reason it will cost is because I am on mat leave and with have to be given pay in lieu of notice as I can't work my notice.

To add to the confusion, my two year anniversary is 9th July, I assume that if the 4 weeks notice takes me over that date, I will be entitled to two weeks salary even though there is no redundnacy clause in my contract, or will I be entitled to two weeks statutory redundancy only?

Finally, would I be better of resigning as I would at least get my stat mat pay for full 39 weeks and would be more likely to get accrued holiday as they are currently trading and may not be by September?

Complicated one I know, any advice gratefully recieved.

Many thanks in advance

Pegvan