Need advice on how to handle a potential situation....part 2

[SouthMum]

Hi all

I posted a similar query a few days ago and got some really good advice, however I have been thinking about another predicament I am facing and wonder how others might go about it.

Basically I heard rumours that I might not be in the same role when I go back after OML. A few months after I announced I was pg my employer took on an extra person to join my team which we didn't need, and this person was not termed as my replacement (however it is common knowledge that they were)

I very much want to return to my original role, especially as its considered to be a fairly important role in the company and it was one of the reasons I only took OML - to secure my original job (unless it was made redundant of course)

The query is - should I make it obvious to them that I am expecting to go back in my same role (to give them chance to put this other person on something else rather than me)? But I'm worried if I mention it now it will give them chance to conjure up something creative to get away with dumping me on something else. For the experts out there it is worth nothing that people swapping teams is not uncommon in our company but usually if the person is not performing well, or if the person has gone 'stale' in the role and wants a new challenge - no signs of this for me before I got pg so would still be on that team now.

I'm also worried that as this person wasn't officially taken on as my replacement, they may say that my role is now redundant (However as I said earlier I would still be on that team if I had not gone on mat leave if that makes a difference??)

I just want to make sure that I have done everything right and fairly just incase the worst does happen and I have to seek legal advice.

What would others do in this situation? And sorry to be a bore with this again but the stress of it all is really making me quite unwell

[flowerybeanbag]

I presume your return date is confirmed in writing and known by everyone? Whether you specifically want to tell them that by the way you are entitled to your same job or not is up to you. You're certainly not expected to, but iirc, you have already made it clear that the reason you are going back so soon is to go back to your original job, haven't you?

[SouthMum]

I informed HR in a off the record chat about mat leave that one of the main reasons I was only taking OML was because I wanted to make sure I returned to the same role, but it was off the record so not sure if he will remember or not.

I'm thinking about asking for an update meeting so I can be up to speed when I go back and will refer to my original role. Then they have the chance to let me know if I am not going back to my original role and then I can speak to HR to see what they make of it all.

Just wondered if they can effectively make my role redundant but keep this other person on, who everyone knows would not have been employed f I had not gone on mat leave.

[flowerybeanbag]

Just because this person isn't called your maternity cover doesn't mean they can keep her and make you redundant, no.

I think you need to remove the idea of giving them a 'chance to let you know' if you're not going back to your original role. You are. If there is a genuine redundancy situation it's not for you to give them a chance to tell you about it, they must do so properly.

If you actually want an update meeting, then ask for one, otherwise you could write to them quite formally and say something like you are writing to confirm your return date of x, and as they will be aware, as you are returning after OML, you will obviously be returning to your original role. You look forward to coming back, blah blah blah finish with something nice.

[SouthMum]

Thanks Flowery, sometimes I can try too much and end up making a rod for my own back!

Will see what happens and take it from there.

Promise I won't ask about it again!!