Before going on maternity leave I worked three hours each evening from home answering calls. Since going on maternity leave my employer had an outsourced company taking out of hours calls. My job isn’t there to return to, but I’m pretty sure they could offer me work in the office during the day. That won’t work for me as I can’t pay two lots of childcare on my wages. As they can’t offer anything of similar hours or location, ie from home and in the evenings does that mean that my role is redundant and that I would be entitled to redundancy pay?
If your job no longer exists because your employer has changed the way your work is done then it is possible that your role has become redundant. As you are on maternity leave you have an automatic right to be offered any suitable, alternative work. If your employer believes they have offered you a suitable role and you refuse it, they can refuse to pay your redundancy pay. However, what often happens is that the employer will give you the choice of the role or a redundancy payment, but I would advise checking this before declining any work. If the work they offer you is not a suitable alternative and is not comparable to the role you have previously done because of the difference in hours and location, you can again argue that your role is redundant and you are entitled to a redundancy payment.
In order to make you redundant fairly, the company will need to follow a fair redundancy procedure. This will include looking at ways of avoiding making you redundant. You may want to check if the company have a redundancy policy and procedure in place as they should follow this if they do. If you have been employed continuously for two years and you are made redundant you are entitled to be paid statutory redundancy pay. If your employer has a separate redundancy policy this payment may be enhanced. Redundancy pay is based on your length of service, age and weekly wage.