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Back to work after maternity and feeling treated unlawfully

3 replies

SeverineH · 04/03/2014 20:29

Hello, I am going back to work at the end of this month after taking 9 months of maternity leave. Unfortunately I feel treated unlawfully and therefore seek advice. My previous line manager left the company 2 months before going on maternity leave and a new person has been recruited as my new line manager a month before going on maternity leave. So it means building relationship, trust and sell my skills again to this new person. Before I went on maternity leave, the company were recruiting for a temporary manager to cover for my role whilst being on maternity leave and the company was also recruiting for a permanent junior category manager. Sadly I realised that few things have changed whilst being on maternity leave: Now that I am planning to return to work, I was told that the role I was doing before going on maternity leave is now permanently filled in (and cannot return to my old job), they no longer recruit for junior category manager and they "force" me to take the category manager role that before going on maternity leave was supposed to be performed by a junior person. So although the salary (pro rate) remains the same, it feels like a demotion, but my manager said that he upweighed the role and therefore not a demotion. I asked to work 3 days a week instead of 5, they accepted it but the role feels like a busy full time role. I am so worried that I am treated unlawfully and I am worried that in few months time, they will make me redundant on the ground that I cannot perform the job in 3 days. Could you please help me and advise whether they are allowed to do this. Many thanks

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scarlettsmummy2 · 04/03/2014 20:34

Hi- same thing happened to me when I returned after five months leave- so it was unlawful. However, I think in your situation they have not don't anything illegal as they only have to keep the exact role open for six months, as long as they keep you employed in a similar role on same pay etc. No idea what their plans might be with regards to future redundancies.

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lizzywig · 05/03/2014 22:19

Who filled your role? Was it your maternity cover because that's not allowed even after 6 months.

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TwittyMcTwitterson · 05/03/2014 22:51

From what I know, when I went on mat leave 2.5 years ago, if you take over 26 weeks leave you are not entitled to return to the same job but you must receive the same pay. Hmm

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