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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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After an unpaid career break/sabatical I am due to return to

Customer Question

After an unpaid career break/sabatical I am due to return to full time employment in October in a department of 7 staff (including me) all performing the same functions but there are proposals for redundancy affecting 4 staff positions in March 2016. Final consultations are scheduled for November.
My Employers rules on career breaks declare my right to be included in staff consultations but Initial consultations have begun without advice to me
My line Manager is suggesting that my role has disappeared in open forum with colleagues performing the same role.
Can my position be singled out as non existent when 6 colleagues retain their position
Can I be singled out to be offered an alternative position.
If I want to be considered for voluntary redundancy can I be excluded from that option
Should I consider legal representation if I continue to be excluded from consultations and the same opportunities as my colleagues.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked for the employer for?
Customer: replied 2 years ago.

25 Years

Customer: replied 2 years ago.

I'm waiting for more advice from you. do you have more questions or will I receive an email later

Expert:  Jenny replied 2 years ago.
You should note that there is no general legal right to a sabbatical so the position will depend on what your policy says.
On the basis that the policy is clear that you should be included in consultation and the process in general then you should not be made redundant due to the fact that you are on a sabbatical nor should you be selected for alternative work on that basis.
If you feel that your employer is trying to avoid including you then you have the right to raise a grievance about it.
Ultimately if you are selected for redundancy on the basis of your sabbatical you will be able to claim unfair dismissal against your employer. You will be able to point to the policy to demonstrate that the employer has not followed its own procedure on the point.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would now rate my answer. Thank you and all the best.

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