Mumsnet Talk

I've been on mat leave and am due to return in April. I spoke to my director today to confirm dates etc, as they've just fired my boss. He said that the person who has been covering my maternity leave (let's call him Dave) is very good. I'd agree - I know him and have a lot of respect for him and I'm sure he's been a very good cover. My director said that he was going to approach Dave's boss to see if he could move permanently to our team. Also, that our skills (Dave's and mine) are complementary.

He then asked what my expectations were regarding which role I'd be returning to. Of course, I said that I'm expecting to return to the role that I left, as it still exists, but that I would be open to discussions if things have changed materially in my absence.

I've always had good performance reviews for my work and no issues have been raised with me. BTW I'd be totally happy to work with Dave either on a handover or longer-term as he's very good.

Some questions:
1. If my job still exists and they tell me they want Dave to do it, and me to do something else, is that legal? I think the idea is that they'd 'find me something else to do'. I'm sure it'd be at the same pay grade but it would probably be viewed internally as a demotion as my original role is a fairly senior one with significant responsibilities - I'm not sure they could replicate it.
2. If I refused to take an alternative role (assuming my original role still exists) what would my legal position be? Eg if I chose to leave are they on constructive dismissal territory?

TIA and sorry for long post.

How long have you been off? This is key.

Mat leave started at the beginning of July 2011. Due to go back in April 2012. So will be 9 full months. Have worked for the company for 6 years.

I am not an expert, and I'm sure someone will be along soon who is, but my understandinig is if less than 6 months they have to give you your old job back, if more then they don't, but must give you something equivalent.

Thanks LadyB .

You have the right to return to your old job whether you are returning from ordinary maternity leave (OML) or additional maternity leave (AML) unless there is a redundancy situation. In which case, you have the right to be offered suitable alternative employment if available.

It does not sound like a redundancy situation if your old job still exists.

This is useful:
www.adviceguide.org.uk/index/your_money/employment_index_ew/maternity_leave.htm#your_right_to_return_to_work_after_maternity_leave

As is this ACAS leaflet:
www.acas.org.uk/CHttpHandler.ashx?id=2871&p=0

You will see in the ACAS leaflet there is a free advice line you can call - 08457 47 47 47

You might want to get some advice now, before you get confirmation of the "role" you will be returning to, so you can act quickly if you are being pushed out of your old job. You would certainly have a case to take to an Employment Tribunal based on what you have said here.

That's great - thanks olgaga. I thought it was something like that but it's a while since I had to know about it.

I'll call ACAS on Monday to get some advice. I am a member of a union so if push comes to shove I can get some support from them.

My director is French (so doesn't necessarily understand UK employment law) and can be a bit 'fickle' - I've lost count of the number of times my job role changed unofficially in the 9 months I did it.

I'm feeling a bit and that he'd ask 'what role are you thinking of coming back to?' as if I had a choice. No-one has put forward any options and basically it felt like he was saying 'Dave's great, we like him doing your job so how about you do something else instead? We don't know what yet and I've not really thought about it or bothered talking to you about it...'

Like I said, I think 'Dave' is really good and I'm quite prepared to look bad by comparison when I go back but I figure if he's as good as I think he is, they should find a new role for him, not me.

If you are in a union, I would definitely get in touch with them - it sounds like you have a good case and if it can't be resolved, they will arrange representation for you at an Employment Tribunal.