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Ask the expert: my job was made redundant while I was on maternity leave

Date: 10:55pm, 13 Oct 2008

If your employer is saying that your job is redundant, they should have gone through a redundancy process with you, i.e. you should have been consulted, invited to meetings and undergone a fair selection process with other colleagues who do similar jobs. 
 
It sounds as if your employer is saying that you are not redundant as they are offering you an alternative job. However, you are not obliged to accept this if the job is not a suitable alternative. If your previous position was flexible on hours and the new position is not, this may be a good enough reason to refuse the position and claim redundancy instead.
 
I would suggest that you get some legal advice as soon as possible (I would be happy to discuss this with you if you call me on the number below) as you may have possible claims for unfair dismissal or sex discrimination, but it is difficult to advise without further information.
 
This gives a general overview only, based on the information available at the time of writing. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained has changed since publication. For further information and advice, please contact Lemon&Co Solicitors on 01793 527141 or visit their website: www.lemon-co.co.uk.

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