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Being replaced at work!

30 replies

beetree1 · 28/04/2022 09:58

Not sure if I'm posting on the right section but I need to vent and get some opinions on what to do...

I work for the NHS in an admin role and due to go on mat leave next month. I have constantly been told they're going to put out for temp bank cover for my year off to do 2 days until I return.

Today I have come in and seen my exact job role but with higher banding and listed as a permanent job! To say I am stressed/angry/upset would be an understatement! I've had no warning or information regarding this and if anything there's always been talks of saving money hence why they were only going to get bank to cover 2 days a week in the first place.

There is also only a need for one admin across each team so I don't understand why they need me back after mat leave?! They've sent an email now inviting all of the teams to a meeting to discuss plans moving forward, which is in 3 weeks time. They refuse to discuss it further until this point.

I feel like I should have personally been given a heads up seeing as it affects me the most or at least some clarity before listing the job?! I have emailed my manager but yet to have a response. Also why should I be told or voice my opinions in front of 30 odd people 3 weeks after my own job has been listed for better pay and permanent position?!

I have spoken to the other admins who do the same role in different locality's and they are all angry at the fact 'our' jobs are being listed for higher banding when the work listed is exactly the same as we do. Nothing extra at all. A few of them have also emailed but have been told they do not wish to discuss it further until the meeting.

To top it off the same manager also sent an appreciation email to all of us yesterday for 'world admin day' about how fantastic we all are and hardworking through covid whilst also undermining our work and pay at the same time.

I just don't know where to begin. I'm stressed I'll have no job to come back to but if its confirmed my role is staying then I'm angry that someone is coming in to do the same and getting paid much more than me!

Please be kind and tell me I'm not being crazy and hormonal?! A similar thing happened in my last pregnancy where I was due to go back to work and they didn't take me back because of covid and they were making cuts for them to only employ someone around the time I was due back. Then trying to get a job during covid was an absolute nightmare. The thought of having to go through all that and job hunting again and finding something suitable is just making me feel so stressed 😣

OP posts:
whosaidth1 · 28/04/2022 10:43

Hi OP.

They can't replace you because you're going on mat leave. The NHS knows better! Speak to your boss and clear out the misunderstanding.

Justkeeppedaling · 28/04/2022 11:08

You could always apply for the new role. They'd need a pretty good excuse not to at least interview you - and pregnancy is not one of the excuses available to them.

Motnight · 28/04/2022 11:11

Is your role permanent, Op?

Interested in this thread?

Then you might like threads about this subject:

Viviennemary · 28/04/2022 11:14

You need to speak to your Union. It sounds to me like some sort of restructuring. As all the other admins at your grade are having their jobs advertised. Does this mean they have to apply for their own jobs. What happens if they don't.

DameHelena · 28/04/2022 11:15

Justkeeppedaling · 28/04/2022 11:08

You could always apply for the new role. They'd need a pretty good excuse not to at least interview you - and pregnancy is not one of the excuses available to them.

Do you mean, apply for the new role to make a point? It's the OP's job; she doesn't need to apply for it.
OP, I'd talk to an employment lawyer now so you're clear on your rights.

ShirleyPhallus · 28/04/2022 11:18

I wouldn’t even give this a moment’s thought, you’re legally entitled to return to your job so I’d cross the bridge when you come to it. If they’re offering you something different then I’d speak to an employment lawyer.

Justkeeppedaling · 28/04/2022 11:28

Do you mean, apply for the new role to make a point? It's the OP's job; she doesn't need to apply for it.
OP, I'd talk to an employment lawyer now so you're clear on your rights

It isn't the OP's job because that's illegal. (I know Confused)

A new job is being advertised. So similar to the OPs job she could do it in her sleep. However it's more money and a higher band.
OP should apply for this as a promotion opportunity and see what the reaction is. They can't not take her application seriously on the grounds of pregnancy. That's illegal too.

I think it's worth a punt. Better than getting the "new" role downgraded and her coming back to the same salary after mat leave. There's a great opportunity here for the OP to get herself a pay rise - which would also increase her mat pay.

JesusMaryAndJosephAndTheWeeDon · 28/04/2022 11:50

I think you need to calm down and think before doing anything. You are in danger of jumping to conclusions and doing something counter productive.

The likelihood is that they aren't replacing you, they know they can't do that. More likely that they are planning a restructure and are recruiting extra staff, the restructure won't necessarily be bad for you but it could be, it could also be good for you. I would definitely apply for the new role. I would listen very carefully to what they say at the meeting then give yourself some breathing space before you react. If necessary speak to your union, if you aren't in a union join one now before the meeting.

beetree1 · 28/04/2022 11:51

The only thing different to this role is they have put in small print that weekend and working until 8pm could be expected which currently isn't and there's been no talks of needing weekend or late work anyway as we're basically 'closed'.

My job is also permanent but I wouldn't want to go for the new job due to not being able to commit to weekends and evenings due to childcare issues. Hence why I went for this job in the first place after my last pregnancy.

Everything else that has been listed in the job role is the exact work I do (if not less)!

So there are multiple admins across the region we cover who all work for different locality's. One admin at each community and in the past year they have paired each community up (nurses and admin) so that if an area needs any cover we can swap between the two which isn't an issue.

The job that has gone out is to be based solely where I work. No other locality / community have had this new position come up (yet) which is why I see it as someone coming in and taking my role whilst on Maternity?

The admin in the community I am teamed with is also annoyed because this person will be doing the same job as her for more pay. The rest of the admins are now worrying the same is going to happen to them.

I'm more concerned about not having a job to return to currently. I have emailed both my managers as they aren't based near me and still haven't had a response have even called them with no luck.

I just think it seems like a really sneaky thing to do and when I saw them last week they said they were listing my cover next week and now this job has come up it all seems a bit of a coincidence.

OP posts:
beetree1 · 28/04/2022 11:55

Also in my email I was careful not to go in all guns blazing I just mentioned I'd seen the job post and I was concerned as it was different to what had been discussed and agreed previously and I would like someone to talk me through what is happening to reassure me and gain some clarity

OP posts:
whosaidth1 · 28/04/2022 11:58

*I'm more concerned about not having a job to return to currently. I have emailed both my managers as they aren't based near me and still haven't had a response have even called them with no luck.

I just think it seems like a really sneaky thing to do and when I saw them last week they said they were listing my cover next week and now this job has come up it all seems a bit of a coincidence.*

If you have a permanent role at an establishment, its literally illegal for them to replace you because you'r going on MAT leave. I honestly don't think the NHS is that thick! You don't have to worry about not having a job to go back to because I honestly can't see them doing this.

Maybe they need an extra employee or restructuring like someone has said.

Just stop worrying about this now. They cannot, I repeat they cannot replace you.

SolasAnla · 28/04/2022 12:01

Justkeeppedaling · 28/04/2022 11:28

Do you mean, apply for the new role to make a point? It's the OP's job; she doesn't need to apply for it.
OP, I'd talk to an employment lawyer now so you're clear on your rights

It isn't the OP's job because that's illegal. (I know Confused)

A new job is being advertised. So similar to the OPs job she could do it in her sleep. However it's more money and a higher band.
OP should apply for this as a promotion opportunity and see what the reaction is. They can't not take her application seriously on the grounds of pregnancy. That's illegal too.

I think it's worth a punt. Better than getting the "new" role downgraded and her coming back to the same salary after mat leave. There's a great opportunity here for the OP to get herself a pay rise - which would also increase her mat pay.

I would do this too.

She should talk to a union or legal anyway but she has nothing to loose.

If its not mat cover and permanent......

If she is not sucessfull and the job is discriminating she is still in the same position she was in before she did any interview.
If it is a new role apply and they have to justify a different candidate doing the same role for better pay and conditions.
Or she gets a pay rise for doing the same job.

DameHelena · 28/04/2022 12:19

whosaidth1 · 28/04/2022 11:58

*I'm more concerned about not having a job to return to currently. I have emailed both my managers as they aren't based near me and still haven't had a response have even called them with no luck.

I just think it seems like a really sneaky thing to do and when I saw them last week they said they were listing my cover next week and now this job has come up it all seems a bit of a coincidence.*

If you have a permanent role at an establishment, its literally illegal for them to replace you because you'r going on MAT leave. I honestly don't think the NHS is that thick! You don't have to worry about not having a job to go back to because I honestly can't see them doing this.

Maybe they need an extra employee or restructuring like someone has said.

Just stop worrying about this now. They cannot, I repeat they cannot replace you.

They're not thick, they know they might get away with it.
It's not happened to me, but I know several people who went on ML and were either replaced or their job was 'disappeared' while they were off by being changed beyond recognition in terms of hours or conditions.
Some got lawyered up and sorted it out. Others who are not so equipped to fight (because of having a new baby and/or personality) simply went away quietly and the organisations got off scot free.

mynameisbrian · 28/04/2022 12:24

It is clearly a new role which includes an expectation to do weekend working, there is likely other aspects within the job description which is why its a higher pay. It may be the same job title but clearly is new and not your post.

Contact HR and highlight your worries about it and see what they state.

PandemelonFelon · 28/04/2022 12:28

It sounds like they are going to go through a restructure to cover the increased work load by going through the weekend and later into the evenings. Is it GP or Hospital?

I would contact Pregnant and Screwed for advice; I have found them exceptional in the past.

whosaidth1 · 28/04/2022 12:32

DameHelena · 28/04/2022 12:19

They're not thick, they know they might get away with it.
It's not happened to me, but I know several people who went on ML and were either replaced or their job was 'disappeared' while they were off by being changed beyond recognition in terms of hours or conditions.
Some got lawyered up and sorted it out. Others who are not so equipped to fight (because of having a new baby and/or personality) simply went away quietly and the organisations got off scot free.

Really?!!???!!! Well OP Just make sure if this does happen you're well equipped and you know your rights etc.

LaurieFairyCake · 28/04/2022 12:38

Well I do think it sounds like a restructure and something to worry about

It sounds like they're making a business case to change all the roles at your grade to evening/weekend working possibilities and upgrading them

All the other admins might be 'invited' to apply for them.

beetree1 · 28/04/2022 12:38

Finally got an email back, not very reassuring.

Just said thank you for your email I have forwarded to xxx so they can respond.

This person who they have forwarded to isn't even my manager. My manager who I emailed reassured the other admin her job was safe but can't do the same for me?

I know I need to remain calm and they can't legally not give me a job to come back to but surely the way they are handling it is weird and wrong?

OP posts:
theremustonlybeone · 28/04/2022 12:47

You have a permanent contract and they cant simply do a restructure and change your role without a consultation process. There is very strict guidance within the NHS about this. I would hope you are a member of a union as they are very helpful in these situations

beetree1 · 28/04/2022 12:48

mynameisbrian · 28/04/2022 12:24

It is clearly a new role which includes an expectation to do weekend working, there is likely other aspects within the job description which is why its a higher pay. It may be the same job title but clearly is new and not your post.

Contact HR and highlight your worries about it and see what they state.

I get this but literally the job description and spec is every task I currently do if not less than what I do. If they were going to restructure or add a new job higher than me I wouldn't care but surely it would have a different title / role profile / spec. It doesn't say the weekends and late are definite just could be expected of you.

And any other role that has been listed within our community that is seen as progression / extra hours has always been communicated to the admins to give them the opportunity to apply. This has gone under the radar by everyone

OP posts:
beetree1 · 28/04/2022 12:50

How do I join a union?

OP posts:
DameHelena · 28/04/2022 13:31

Seriously, OP, get all the advice you can now (lawyer, Pregnant and Screwed as suggested, ACAS, a union).
This was nothing to do with mat leave but I had a permanent contract and my employers did a restructure and took away my role, on very dubious grounds. There was a 'consultation process' but it was meaningless. They offered me a 'similar alternative role' as they're legally bound to, but it wasn't similar or suitable.
Those on here saying 'They can't do that, it's illegal' are being naive.

PandemelonFelon · 28/04/2022 13:37

To join a union just find one that you are applicable to join and do the sign up process but some wont offer legal advice unti lyouve been a member for a month so you may want to call them first and check.

mynameisbrian · 28/04/2022 13:42

You will have union reps within your trust assuming your in an NHS provider and not private and in the UK ofcourse. They tend to offer support and assistance even if you have just become a member