Restructure on maternity leave: ask the expert

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Before leaving work on maternity leave all staff were faced with redundancy and had to re-apply for new positions, which I did. Once on maternity leave I was contacted to say that I had been successful and had a position (very vague). All staff had until a certain date (roughly 28 days) to try the new set-up and decide if they were happy with the position or whether to take redundancy. Although this was nine months ago, when I return to work am I entitled to have the same 28-day decision period?

In a redundancy situation employees have the right to a four-week trial period in a new job to decide if the alternative post offered is suitable without prejudicing their eligibility for redundancy pay. The trial period will normally be four weeks, but can be longer if the employee needs retraining.

After the trial period the employee can either a) decide the new job is suitable and remain in the position beyond the end of the trial date and therefore lose the right to claim a redundancy payment or b) decide the new job isn’t suitable and give notice during the trial period. This will preserve the employee’s right to a statutory redundancy payment.

So yes you will be entitled to your 28-day trial period in the new job on your return from maternity leave.

All the best with it!

Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.