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Hello, my name is Ben and it is my pleasure to assist you with your question today. Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.
Hi ben, my name is Merryl Durrenbach and I have been working as Group Head of Internal Audit since June 2008. I have an excellent performance track record with my full bonus and LTIP awarded year on year. However, I feel that since my maternity they would like to replace me with my number 2 who is far less expensive in terms of salary and package.
Thank you. And just to clarify, what specific questions do you have about your situation?
First, what attitude to adopt with the HR and my CFO? What is the risk of being made redundant while in maternity leave? is there a case of unfair dismissal as I cannot see how my position will be suppressed?
Advising you on what stance to take with the employer over this is difficult, especially when it is unclear what their actual intentions are. Whatever these may be, you are always best advised to remain professional and to simply pursue your rights and not bow down to any pressure you may feel you are being placed under by them. If you have outstanding issues with them then communicate with them about these and try to keep your correspondence in writing so that you have a durable record of this in case you need to raise it or refer to it in the future.
In terms of being made redundant whilst ion maternity leave that is certainly possible, although you will have certain rights if that was to happen. For example, you will have the automatic right to be offered any suitable alternative employment that may exist in priority to other employees who are also at risk of redundancy. However, if the employer can show that there is a genuine redundancy situation, that they have followed a fair procedure, consulted with you and offered you any suitable positions that may exist, as well as there being no indication that you were selected for redundancy because of being on maternity leave, claiming unfair dismissal could be difficult
Has this answered your query or do you need me to clarify anything?
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