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Maternity discrimination? Any legal advice please....

(5 Posts)
smellimelli Mon 19-Sep-11 12:38:51

I am on maternity leave and there has been restructuring whilst I have been away. I had extra responsibilities and was paid for these in addition to my "normal" job.

I was offered one of the new roles which is very similar to what I was previously doing (there is another one of these roles which has been taken up by someone else who was doing the same role as me previously) on a full time basis.

I said that I would accept the role if I had to return full time (as at the time I was wrangling about flexible working) but I still wanted part time work if possible. ( I have all this confirmed in emails)

In a later meeting I was told that the role had been given to someone else for a fixed period until I returned full time (it was proposed that I could work part time for a limited period). I was happy with this.

However, I've been told that I cannot return part time now and am going to return full time.

Am I right to think that I should be able to return to the new role as it was offered to me and I accepted, if I returned full time?

Also, I think I may be offered the money (and not to have to do the work until the other person's "time" runs out) but it is also a question of the "status" of the previous role. I worked hard to get where I was and want to return to this role!

Any advice please?

flowery Mon 19-Sep-11 13:43:49

What role are you returning to and how does it differ from the role you were initially offered?

smellimelli Mon 19-Sep-11 16:20:25

The role I had previously (and the newly structured role) is a position of responsibility that runs along side the "normal" role that everyone does (this is what I am now told I'll return to, albeit temporarily).

My original role/the new role involves management of staff and whole organisation initiatives. It is deemed a position if middle management.

So, I would still have my original role but not the add on (hope that makes sense!) management role.

I have always performed well in this role (and was actually asked to apply for a promotion whilst on maternity leave-which I didn't want to do) so I just don't understand what is happening here!

flowery Mon 19-Sep-11 19:40:00

I would suggest writing to them saying you understand you are entitled to return to a suitable job on no less favourable terms and conditions, which would mean a similar level of responsibility and the same pay, and ask for them to confirm that.

If they come back as you think and say 'have the extra money but don't have to do the extra work until Jane Bloggs has done her stint', would that be so terrible? How long would that be for?

smellimelli Mon 19-Sep-11 19:47:22

Thanks for your help flowery!

It would be for about 7 months, so not too bad...the thing is though I have found out I'm pregnant again so I'd be off on maternity leave again when I would be due to pick up the role again.

I'm worried that when I go back after the second maternity leave I won't be able to pick up the role if I wasn't doing it when I went on the second maternity leave iyswim.

I don't want to tell them I'm pregnant yet, as they are very anti and I know they will stitch me up!

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