Possible demotion after maternity leave

Congrats @GoldieLocks09 thats a great outcome for you!

Damn app screwed me over, commented on the wrong thread sorry! And the crap app doesn't allow editing posts either

So the trousers were clearly too big for you, what is your issue?

Similar thing here (demotion after mat leave) for a few years I've just been grateful to still have a job and to be able to do part time / Flexi time. But the resentment does build, and losing your position of seniority does grate after a while, as does reporting into the person who was your mat cover!

I feel like at first people treat you with the same level as respect as before (plus with v young kids you have more to distract you anyway), but over time new people join who never knew you, and before long you're just being treated like others at that same level. Not being in management meetings anymore makes me feel paranoid, as I know what it's like in them and how they talk about people, and am used to having all the news first hand rather than hearing when the plebs (lol) do. It's not easy.

Once you've had a child that's the most important thing in the world, work doesn't even come close so just do whatever job they give you and get home to your child.

It will come down to your job descriptions - you said in the first post that you both did pretty much the same job, so it sounds to me like BOTH jobs have been made redundant and one new job is available, which means you both have to go for the same job.

I would argue that the second role is NOT a suitable alternative if its nothing like what you were doing before, but then the alternative to that is a redundancy payment.

ACAS should be able to help.

Oh I would definitely contact PTS and ACAS, you should be the one getting the role! Good luck!

I think my ego is getting in the way of wanting the other role - I would be reporting into her, and my team that I’ve managed since I joined 6 years ago would see me effectively have my responsibilities stripped. I don’t know it just ‘feels’ weird.

@GoldieLocks09 My ego would struggle with this too! That puts quite a different complexion on the alternative role. Presumably, if you aren’t being demoted and on the same money, this new role is being regraded with a commensurate salary increase? They can’t expect you to report to somebody on the same grade and salary.

ACAS and PTS sound like a good move. Judging by the threads I see on here places I’ve worked, going back to work and reporting to your mat cover is depressingly common.

It is upsetting @GoldieLocks09, but unfortunately fairly inevitable I would think if one person has covered both roles for eight months.

Given your mat cover essentially created the role and performed to a standard that they have decided to make it a permanent change, I would assume she is getting that role.

I’d spend my energy on finding an alternative role that you would enjoy. A alternative that matches your salary and T&Cs is what the legislation provides for - I don’t think there needs to be a comparable JD. So see what’s available and what takes your fancy! It could be a great opportunity x

They'll wait until you're back then screw you over

This. Not having to manage people would really appeal to me because I find it stressful having some reports who have attendance issues or who just won't be managed. A senior job with no direct reports sounds great to me.

The alternative role despite being told it was the same pay is a significant jump down in responsibility (I'll go from managing 8 to managing no one) and feels like we the job I joined the company doing 6 years ago, as well as moving away from being in the senior leadership team despite having 'director' in the title. And I will look into other roles throughout the wider business.

Sounds amazing, personally I'd snap their hand off to go back to work on the same salary, manage no one and keep my director title without any of the SLT responsibilities.

This, but I can't see a scenario where "pooling the 2 roles into 1" wouldn't equate to removing both roles and creating a new one. The merged role is a completely new role.

If they were making 1 department redundant it would be different, but in this case OP has priority for the new role as she is on mat leave.

It 2 roles into one makes both at risk of redundancy. The role must offered to OO

What’s OO? OP?

If it’s two roles reduced to one then it’s just a headcount reduction and the company are entitled to have both people reapply for the job.

There are no legislative restrictions on the circumstances in which the job of an employee on maternity leave can be made redundant. Normal unfair dismissal rules apply in terms of whether it is a genuine redundancy and whether the selection was fair.

Specific protection in the decision whether to make the role redundant comes only from the Equality Act, which ensures that maternity leave cannot be a factor in the decision.

Once the decision to make the role redundant has been made, then specific protection from the Maternity and Parental Leave Regs kicks in, which provide that if an employee's role is made redundant while she is on maternity leave, and there is a suitable available vacancy, the employee is entitled to be offered alternative employment.

ie she gets special treatment if she is made redundant, she doesn't get protected from being made redundant in the first place

This sounds like both jobs have been essentially made redundant and one role created, where you will both be able to apply to the new role.

If you are not successful, then you could apply to the alternative role being offered, or they'd have to pay you redundancy. How long have you worked there?

The fact the other person has been doing the current job whilst you were on maternity should have no grounding for favouritism as this would count as discrimination. They need to allocate the job to the best candidate based on merit/qualifications.

They will no doubt announce the redundancy on the day you return, but I don't think being on maternity will give you any more or less rights to the position.

I assume you're returning full time?

I'm assuming they're going to wait until you're back before they do anything to ensure you're not additionally protected. But I have a feeling there's new rules about additional on your return.

@Didimum

I do see what you are saying with these two roles turned into one. Is it genuinely two roles made into one role, or is it a brand new role? That matters and the responsibilities and conditions have to be considered to ascertained which it is.

It 2 roles into one makes both at risk of redundancy. The role must offered to OO

If a brand new role and OP is at risk of redundancy? The new role must be offered to OP.

If OP is at risk of redundancy in any way and there's a suitable role she must be offered it.

The above poster is also correct that the entitlement to your same job only applies if you return within the first 26 weeks.

Yes I agree. I never said otherwise 🤷‍♀️
She has entitlement to a similar role on not worse t&cs.

But it ISNT the same job. That’s the whole point. So the 26 week point doesn’t apply here. What applies is the enhanced maternity protection OP is entitled to over and above the other employee.

Please re read my post where I specifically
said “if both roles are made redundant…”

And OP herself says it’s an alternative role - not that they’re removing one employee from a pool of two.

I do see what you are saying with these two roles turned into one. Is it genuinely two roles made into one role, or is it a brand new role? That matters and the responsibilities and conditions have to be considered to ascertained which it is.

The above poster is also correct that the entitlement to your same job only applies if you return within the first 26 weeks.

@Didimum

I completely disagree with you but we won't solve this here.

I recommend that OP contacts ACAS on how to approach this situation.

If you have been on maternity leave for more than six months, you are not automatically entitled to return to the exact same job, just one which is similar - same (or better) pay and conditions. So the company does not have to declare redundancy or give you priority, if they are offering you an equivalent post. The main question here is whether the new post is really equivalent, if it involves managing fewer people, and you will no longer be on the senior leadership team.

Talk to your union, if you have one, or the other organisations mentioned. Maybe you can negotiate a way to make the new post more equivalent - perhaps developing some new policy or strategy, and remaining on the senior team. If you are able to tell them that otherwise your union think you would have a case, then that may encourage them to think again.

Alternatively, take the view that a slightly more relaxed post while your children are young might be no bad thing, and look for a move internally or externally in due course.

No, the automatic role offering is only applicable IF she is made redundant. She does not have to apply or be in competition for the alternative role in the event of redundancy, but she does have to apply for her current role if they are making two roles into one, which they are.

This.
Plus, there's a special employment law thread somewhere on Mumsnet OP.
Also, are you in a TU? If so, contact them asap. And check if you have legal insurance too - it's often an add on people don't know they have to house, car insurance, etc.