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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49824
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am on maternity leave from my job at Tesco Head Office and

Customer Question

I am on maternity leave from my job at Tesco Head Office and have just been made redundant.
I was notified on the phone. Voluntary redundancy wasn't offered. I was told staff had been selected according to a points scoring criteria.

I am a group of four employees who've been made redundant. Three of us are working mothers who need to go part time, and all of us are over 35 leaving the remaining team all under the age of 30.

I would like to know what steps I need to take to try to increase the redundancy package being offered to me. I have been working at the company for two years and eleven months.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

You will have certain rights if a redundancy situation arises during your maternity leave. The law says that if "it is not practicable by reason of redundancy" for the employer to continue to employ you under your existing contract, you are entitled to be offered a suitable alternative vacancy (where one is available) to start immediately after your existing contract ends (regulation 10, MPL Regulations).

The new contract offered must be such that:

  • The work to be done is both suitable and appropriate for you to do in the circumstances
  • The capacity and place in which you are to be employed, and the other terms and conditions of your employment, are not substantially less favourable to you than if you had continued to be employed in your old job

In effect, this gives you priority to be offered suitable alternative work over other employees who are also at risk of redundancy. If the employer does not comply with this requirement, you are likely to have a claim for automatically unfair dismissal and potential sex discrimination.

In addition, the employer is obliged to consult with you over the proposed redundancy and discuss reasons behind the redundancy, what options there are for you, etc. Failure to consult can also make the dismissal unfair.

So these are factors that would make you have a potential claim against the employer and allow you to challenge the redundancy. You may bring these up to try and negotiate an increased settlement but if that is refused you may wish to consider making the claims to pursue your rights that way.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you