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On Adoption Leave and my job has been removed - advice please!

Sparky September 25, 2013 11:13
I'm 6 months into my leave and looking forward to returning to my job of 20hrs just after Christmas. I was invited to a meeting yesterday at which we were all told that our admin positions had even deleted. In their place would be 2 new positions we could apply for. One being at 35 hrs and the other at 16hrs. This is a restructure of the admin team and it's been "ring fenced" so only us 4 can apply for the 2 jobs. We've been told that the other options are early retirement (I'm 37 so probably not quite ready for me!), redundancy or redeployment to another area. I'm gutted as I love my job. So I'll be applying for the 16hr post, praying I get it and taking a cut in hours. That to me is my only option. But are they allowed to do this while I'm still on adoption leave? I don't know where to get advice from regarding this. I've seen on the gov.uk website, as being on adoption/maternity leave, we have the right to return to our old job, and if not available, then to given another job with the same conditions. So where do I stand? All advice very welcome x
Edited 17/02/2021
bluelizard September 25, 2013 13:03
So sorry to hear about your job. It's really awful for this to happen when you should be focussing your energies on your LO and not worrying about your job. I know from experience as my employers did the same to me. They made me redundant and then advertised for the same role again. Basically, they can make you redundant, but they should offer any new suitable role to you first. Personally, I would keep an eye on the situation closely. My employers didn't know my rights and I had to point this out to them. They also tried to fob me off with less redundacy pay as they didn't understand my entitlement. Make sure that you know what you are entitled to. You can always ring the AdoptionUK support line as they supplied me with good advice in this situation. Citizen's Advice bureau weren't worth the effort as they didn't understand the law with respect to adoption at all. Good luck and feel free to ask me for more details via a PM
Edited 17/02/2021
cowgirl September 25, 2013 16:31
Hi sorry to hear of the grief especially so early on in your LO arrival You will of thought of this but if successful for the 16 hrs job is it likely they will want you to work like a slave & achieve as much work as if you are doing 20 hrs ? My view on this is tainted as every part time job I've done I've been expected to work way harder than my full time colleagues and with kids I found it tough. If you moved sections would you not be under TUPE regulations ? Keep your salary & benefits ? I've no real idea but just sharing my thoughts. Hope you get it sorted soon
Edited 17/02/2021
Vegpatch September 28, 2013 17:44
Hi there Unfortunately you can be made redundant while on adoption or maternity leave, as long as the role is ' properly' redundant - which does seem tobe the case here. As an extra point, For maternity leave, you have the right to 'delay' your redundancy until the end of your maternity leave ie if you still had 6 months mat leave left, you could opt to complete that 6 months, and then take redundancy then. This would mean you'd receive your full maternity entitlement, as well as adding an extra 6 months to your redundancy entitlement. It would also give you the opportunity to see if any further roles were available at work at that point. But this would only be the case if you weren't successful for one of the 2 remaining roles you've mentioned. I'd assume that rights during adoption leave would be very similar. This is a really stressful time - please take care of yourself - not only are you a new mum to your adopted child, and dealing with the stress and tiredness that comes with that, but then having to deal with this uncertainty and upset on top of all that must be so difficult. I hope you're getting the support you need from your union rep , work and family. Take care, and hope things work out.
Edited 17/02/2021
Sparky September 28, 2013 18:13
Thanks for your message. I've spoken to ACAS too since I first posted, and they have confirmed what "working families" have advised me. That whilst on adoption leave, I have the same rights as maternity leave. If made redundant, I must be offered a similar job in its place with same or better conditions. Infact ACAS suggested I perhaps shouldn't be expected to be interviewed. I've printed info from their website, and the email I received back from "working families" and I'll take the info to my one-to-one meeting this week. I'm not sure if my bosses know of these rights. I'm trying to get as much info and clarification before I go into that meeting. I'll keep you informed ;-)
Edited 17/02/2021

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