Returning from maternity leave and being asked to change roles

[Gilmoregirl21]

Hi everyone,

I've posted on here previously regarding my job and position, so abit of an update. I'm sadly coming to the end of my maternity leave. I've had over 9 months now so I'm on extended leave. A permanent, full time new hire replaced me during the course of my maternity. Now there is nowhere for me to go. I've been told my role will need to change. It's being sold as a promotion, but I don't know if it is? It involves moving to another office, where I don't know anyone. I'm nervous. Nervous about the role, people and leaving my baby. It's hard enough returning to work. Will a new role/contract leave me in a vulnerable position if redundancies were made? As technically I would be in a new contract.

Any advice? Thank you in advance!

Yep agreed. I don't think the OP mentioned the part time/full time thing in the first post.

I’d be phoning ACAS tomorrow and then seeing what they say.
Your job exists as someone else is doing it.
I hope you get it sorted out and if it doesn’t look like getting resolved for when you go back, get a sick note with stress & anxiety and buy yourself more time.

@StrictlyCoffee the role is now full time, which means its easily not practical anymore - very few roles allow an easy (!) split between two people.
Very few employers don’t manage to argue the “practical” bit, so i wouldn’t get too optimistic.
Is it fair? No, but unfortunately its realistic

They cant just recruit FT while shes on mat leave and then keep the replacement because at some point during mat leave they realised they needed the role FT. No employer would ever be able to successfully argue this was reasonable.

As i said earlier though a lot of employers rely on women not wanting to rock the boat too much which is how they often get away with it. Occasionally an employer genuinely gets it wrong and will put it right if challenged.

The full time member of staff was employed well before my maternity leave was nearly over, I think they have assumed I wouldn't return despite me saying otherwise. My upset is that I was always part time, my hours haven't changed.

@Megifer ACAS don’t mention of reasonably practical in ACAS guidance. It’s all about “genuine reason” and in this case it seems the reason is a full time employee was needed. They can make the decision early and did keep a part time job (a promotion) for op. This could be difficult to argue that she’s hugely disadvantaged. Location must be the same though.

after 6 months may leave you are entitled to return to a similar role on not worse terms and conditions.

as long as they meet this then they are doing nothing wrong

you will have continuity of service in terms of employment rights so in a redundancy situation you will not be adversely affected.

Yea ACAS tend to make their guidance a bit less word-salady. "Reasonably practicable" is the terminology used in the actual legislation.

its the same thing though. If ops employer does try to justify op not returning to her original role (per the law) because they feel the role has developed into FT as being a "genuine reason", that wouldnt be lawful either, as they have not followed due process to consult with op re: her role requiring FT hours.

Op - look at Maternity Action too. I hope you get this sorted, there is a possibility they simply arent aware of their lawful obligations to Maternity returners.