Redundancy whist on maternity leave

[camioneur]

Looking for confirmation of some advice that my daughter was given regarding redundancy. She was on maternity leave and to cover for her abcense the company took on an assistant which she trained prior to going off. Due back 1st Sptember she was given notice of redundancy along with the asistant. The company claims a new job has been created and they were both in the running for it but she has lost. The new job is exactly the same as the old one so we think it's a ploy to get rid of her. However, a solicitor has told her that as she was on maternity leave, positive discrimination steps in. Apparently they are obliged to offer the new position to her before everyone else in the company because of the leave she was on. She is prepared to go to court over this if this advice is correct but I'd like confirmation first that the solicitor knows what they're talking about?

Has anyone any personal experience of a similar situation.? She has worked for the company in the same position for 5 years prior to taking maternity leave, as a Transport Manager, thanks for any advice

[bednobs]

i dont know the exact details but my boss did the same thing - she was allowed to step into a job she clearly wasnt up to just because she had been on maternity leave - there was some sort of law protecting her.

[bednobs]

just realised i made it sound like your daughter isnt up to the job, but i didnt mean that!

[redcrx]

try acas for advice http://www.acas.org.uk/index.aspx?articleid=17 65

[harryt]

i am in exactly the same boat, i was made redundant when on maternity leave as my position no longer was available. i then applied for several other jobs only to be told that i didnt have enough experience, they were similar jobs to what i have already been doing for the last 5 and a half years and i even found out twp other candidates with less than 6 months experience got through.

The employer doesnt have to offer the position to the person on maternity leave first, it is open to all canidates or so i found out.
I asked for written confirmation 10 times before my employer gave me a load of bull SH!^ basically why i didnt get the job, when it was pretty obvious its because i was on Mat levae.
Un;ess ypur daughter can prove that she was directly discriminated against due to being off(believe me its hard , i hav been trying) then unfortunatly it is a waste of time to pursue it as tribunals can take years for very little outcome.

i completley simpathise with your daughter as i am in exactly the same situation

[buildersmate]

Here's another Government site confirming what you already suspect - employers just can't do this.
Scroll down to the bit entitled "redundancy During Maternity Leave"
http://www.berr.gov.uk/employment/employment-l egislation/employment-guidance/page34244.html

[harryt]

ha talking of the devils have just had another call from my company, was unsuccessful due to length of service for another position! 5 and a half years god do i have to be working for them for a life time before i get looked at! wasnt this hard to get promoted before i went on maternity leave!