# Unfair redundancy



## sarahjaneter (5 Sep 2008)

Hi,

Can anyone give me some advice about this please.  The day I arrived back from maternity leave I was told I was being made redundant.  I actually didnt even get a chance to take my coat off when I was brought in by the secretarial/office manager and told that unfortunately there was no work for me because of the downturn in the market.  I queried this with him as they had brought a girl in to cover me while I was out and she was still there and still in that position. They told me that she was actually in that position longer than I had been at that stage (I had health issues when I was pregnant and actually wasnt able to go into work for most of my pregnancy - all certified by doctors/hospitals etc).  and that unfortunately they had no one for me to work for so sorry about that, there would be no issue with a reference etc. I said that this wasnt really my issue as surely she should have been brought in to cover maternity leave etc. also they have employed 2 other girls while I was out on maternity leave as secretaries which is the role I filled before I went on maternity.  Can they do this to me?  I have never been disciplined or gave any reason to be. Apparently my own fault was becoming pregnant.


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## ClubMan (5 Sep 2008)

Maybe ask _NERA _on www.employmentrights.ie for their opinion?


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## jhegarty (5 Sep 2008)

Unless they can give a reason why you were selected then it's not fair


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## MandaC (5 Sep 2008)

Sorry for your trouble.

You need to make an appointment with a good employment Solicitor as soon as possible.


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## Edie75 (5 Sep 2008)

yes


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## Edie75 (5 Sep 2008)

yes as far as im aware they cannot replace you or its unfair dismissal, you will need to chek that with an experienced lawyer and also the eat.ie website mite help God luck God luv u what youve thro


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## Diziet (6 Sep 2008)

It is the job, not the individual who becomes redundant. Please seek legal advice as soon as possible.


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## sarahjaneter (7 Sep 2008)

Thanks a million. Think I will seek legal advice.  Im so angry about it.  As far as I can see the only reason I lost my job was because I had a baby. Even under gender rights I should have a case I think.  Obviously a man would never be in that position as he would never be pregnant. Wonder what would happen if a male member of the office wasnt able to work due to a car accident or bad back etc. would their job still be there. I think so


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## WaterSprite (7 Sep 2008)

sarahjaneter said:


> Wonder what would happen if a male member of the office wasnt able to work due to a car accident or bad back etc. would their job still be there. I think so



By the sound of things, you have been unfairly treated and should indeed talk to a solicitor.  However, in the example you use above, the man would not be covered/protected by legislation (as you are) so he would not be entitled, as of right, to a job on his return; but in your case, you are legally entitled to have your job back, except in a case of actual redundancy.  As the person who was hired to do your job is still there and if she is doing the same job was you did, then you are entitled to have that job back.

Sprite


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## Diziet (8 Sep 2008)

Make sure you move quickly on the legal advice, as there is a time limit on unfair dismissal claims.

Good luck.


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## sarahjaneter (9 Sep 2008)

Thanks for your help with this.  I have made an appointment with an employment solicitor.


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