Possible demotion after maternity leave

I don’t think anyone is disputing the fact that they’re entitled to restructure and make redundancies.

The point is that OP is entitled to be automatically offered an objectively suitable vacancy, without a competitive interview or job matching process.

So if they’re making both roles redundant and creating one role instead at the same level, she’s likely to be entitled to the job before anyone else.

This is not true. It’s two roles down to one, one role is being make redundant. The company are allowed to have both candidates apply for the one role – if she is not selected, they just have to be able to show that this was not due to her having been on maternity leave.

The protection does not save you from redundancy, and the right to be offered a role of same salary without lesser conditions to your original role only kicks in IF she is made redundant. The alternative role she mentions is lesser in responsibility but not in salary, but she also mentions there are several alternative roles across the company – it depends what those roles are.

@Didimum

Whether the company has been taken over or not doesn't affect her rights as a woman on maternity leave.

TUPE will apply.

She has the right to return to a similar role on not worse terms and conditions and in this case where her role is redundant and there is a suitable available role she has the right to be offered that role even if there are other better qualified candidates.

If I was the other person I'd happily take the same salary and manage no one. I previously managed a team, and although I was fine with it I found it draining at times when people could be my biggest problem. I stepped into a role with more pay and no managing responsibilities, it was the best thing ever to be able to just get on with looking after me!

Unfortunately, due to the company being acquired while she was on mat leave, they indeed can make these changes and have both people apply for the singular role (having a fair and open competition by advertising the position is also best conduct – not sure if they are doing this). It’s effectively a redundancy and is allowed in a significant change of business (which an acquisition is), because OP’s old role will no longer exist. In the event of a redundancy or something like this, she is entitled to be offered a suitable alternative vacancy, but only if one exists – which it may not. It is also complicated by her colleague having already worked there and not being OP’s maternity cover.

She does not have to apply for position or attend an interview on maternity leave however, but it’s unclear if they are asking her to do that.

we both have the right to apply for it), and there is definitely another role available at the same salary, just with different responsibilties - as well as lots of other opportunities throughout the business

You are on maternity so you have more rights.

You don't have your apply and compete for this role. They must offer it to you. Even if there is a more qualified candidate.

If they are suggesting that you need to apply, compete, be interviewed whilst in Mat leave them they are breaking the law.

Please call ACAS and get advice on the best way to handle this situation.

I would start by asking for a job description of the two roles and do a gap analysis between your current role. This will be important no matter what you decide to do. Do not settle for a role with the same money but less responsibility, because that wont last any appraisal/bonus scheme.

It’s a tricky one.

If they’re pooling two roles and reducing head count to one, then there isn’t much you can do.

But if they’re removing both roles and creating one new one, which you’re objectively suitable for, they need to automatically offer it to you.

It may not be objectively suitable due to the reduction in responsibility though.

Sounds illegal to me. Get advice urgently!

You need to speak to Acas and 'Pregnant then Screwed' for advice.