If role changes before you return from Mat leave how should this be communicated/carried out?

[LoveBeingAMummyKissingSanta]

Before I left there was a rumour of a change to the business, this was not discussed in any detail as had not been decided, and tbh things like this have happened before and not actually carried out. Whilst I ahve been off we have moved divisions an this change has been sanctioned.

Whilst on mat leave my line manager left and the deputy, same grade as me, stepped up, I did my return to work meeting with them and agreed to return to work on same T&Cs. Then advised me of changes to structure, which involves my team increasing by 50%, from 4 teams of 12-15 to 6 teams. due to a new role to be fulfilled by said collegue. This now leaves two senior managers, where there was three. we worked three shifts varing from 8am to 7pm and 1 in three sats. No mention was made as to whether I would be exected to now work alt lates and earliers (without a middle shift) or alt weekends. my new boss is now in place and has said to contact her if I need too but thats it. Am waiting for my phased return details to be sent out.

My contract is 24/7 so what options are open to me if they expect these shifts as I suspect? I started mat leave at end of feb and am returning on Jan 2nd.

thanks in advance.

[flowerytaleofNewYork]

As I'm sure you know, if you return during or after Additional Maternity Leave, you are not automatically entitled to your exact job back, only to a suitable one on no less favourable terms and conditions.

Shift patterns are a part of your terms and conditions, so even if your contract says they can get you to do whatever shifts they like (is that what it says?), if in practice for a significant period of time you've been working shifts on a regular basis as you describe, without them being varied, and now it's changed completely, you could argue that would be a change to your terms and conditions.

Question is whether you'd be reasonable to say it's 'less favourable' terms and conditions. Would the new shifts you think you might be asked to work actually be significantly worse? Or is it just different and maybe a bit less convenient?

[LoveBeingAMummyKissingSanta]

Thanks Flowery.

Instead of an early, a middle and a late, I think it will be an early and a late. Plus alt sats rather than the 1 in 3.

Would mean one week not being able to get LO up and one week not putting her to bed and no doing both in the middle iyswim.

Surpose just a bit annoyed that no-ones actually said this to me yet, so could be working myself up for no reason. Am expecting to turn up at work on the 2nd and be told this is whats happening.

[flowerytaleofNewYork]

What makes you think it will change? Are you hearing things unofficially?

It is fine to change, and debatable whether the change as you describe would be less favourable, or more inconvenient. But if they are planning to change, of course they need to involve you, consult with you and inform you - apart from anything else, you will be planning your childcare presumably on the basis of your previous shift pattern.

Rather than worrying about it, why don't you drop your new boss an email and say you are looking forward to returning to work, xyz were your shift patterns before, you assume there has been no change to that and you will be planning your childcare accordingly. That way if she is just being a bit dopey and hasn't clocked that there's an issue, she will then realise it needs dealing with.

[LoveBeingAMummyKissingSanta]

Just because of the changes involved, if the third person is no longer involved in the day to day running of the centre can't see him being there to open up or close down.

Childcare is the main problem yes, parents will be having lo and one of them has just been diagnosed with a serious illness so probably just looking at the worst case.

Don't want to rock the boat tbh partly due to new boss and division plus posible re-grading of role which would be upwards (am sure you can guess what would be involved)

As always the most obvious answer is the best one so will drop her a line and see what she says.

Thanks you are a diamond!

[chaufleur]

Flowery - AFAIK, since October 2008, you are now entitled to your exact job back.

As I understood it, this has changed from before when you were entitled to your exact job back during Ordinary leave, but only "no less favourable" during Additional - now you are entitled to exact same job back whether you return in Ordinary or Additional leave.

"If your baby is or was due on or after 5 October 2008, you keep your normal employment rights and benefits (apart from wages) throughout your ordinary and additional maternity leave". (more here)

[flowerytaleofNewYork]

No that's not correct chaufleur. You are now entitled to employment rights and benefits throughout, which has mostly affected holiday entitlements and similar benefits, but the situation regarding job on return hasn't changed. See here, if it's not reasonably practicable for an employer to offer the exact same job after Additional Maternity Leave, it's fine to place the employee in something else.

[Lauriefairyonthetreeeatscake]

should she also have been given a chance to go for promotion as the person on the same grade as her has now been promoted above her while on maternity leave?

[flowerytaleofNewYork]

Depends. If this other person was the deputy manager, the line manager left and she was promoted that doesn't sound too horrendous to me. Ideally it would be an open recruitment process, but there's no actual requirement for that to happen, and we don't know that it didn't happen either. Lovebeingamummy do you feel that decision was unfair or discriminatory in some way? I don't want to put words in your mouth or ideas in your head that aren't there.

[LoveBeingAMummyKissingSanta]

No that's not it at all. He was seconded as LM left, he has ran the business on this basis before. There was an open recruitment process through which new LM was successful. Would not want that job LOL!!!

Spooky update (or maybe she's on MN??) - LM has just called me and asked me to attend a training session on Thursday. Have asked re the hours and says no decision has been made as yet however it is very likely to be what I thought and I should work on this assumtion for now. When I go in in Thursday we are going to arrange a day and time for us to sit down and go through whats happening etc.

Thanks Flowery. Funny how when its your own query you can't always get enough distance to decide what to do