Am I being replaced?

[MatLeaveJobWorries]

Name changed for obvious reasons.

I’ve been on maternity leave for six months. Before I left, plans were in place to recruit my cover but since I’ve been gone nothing has happened. They interviewed a couple of people but haven’t recruited. There have been lots of changes at the top with whispers of restructuring departments so I’ve felt paranoid that, since they haven’t recruited, they have plans that affect me/my team that they haven’t revealed.

Now I’ve discovered that they have re-advertised for my cover but under a different job title and slightly different job spec. AIBU to be annoyed and worried about this? Are they allowed to do this? I’m concerned about what this means for my return. That they’ll say I’m not suitable for this new position they’ve created?

I’m going in for a KIT day in a few weeks so can query it then but just wanted to arm myself with information about my rights before then if anyone has any advice.

*not sure if this is the done thing as relatively new to MN but have also posted in employment. Posting here for traffic and hopefully quick response.

If you're staying off longer than 6 months they can change your role upon return

@monkeysox But can they say I’m no longer suitable for this new role?

I don't think so. Look at acas and your company hr maternity policy

Pregnant Then Screwed have a good legal advice line.

Thank you!

I think they have to re-employ you but not in the same position. Bit they can only change your role if your old position no longer exists (so not if it exists but they've hired someone else to do it?). Not a lawyer/unsure. Look up maternity law. Would you be happy with redundancy?

@monkeysox

That is absolutely untrue.

You have the right to return to your original job role on the same pay and conditions upon your return and you can use your whole 52 weeks mat leave.

If they make your post redundant during the time you are off it’s a different story but you will need more detailed advice.

If 26 weeks or less is taken, the employee is entitled to return to the same job. Similarly, if more than 26 weeks is taken, the employee is generally entitled to return to the same job on the same terms, unless there is a genuine and good reason why this is not possible. This is called the “reasonably practicable” test (a good example is a genuine redundancy) in which case the employee must be offered a job which is both suitable and appropriate for her.
www.google.co.uk/amp/s/amp.theguardian.com/careers/2017/mar/23/are-you-being-replaced-how-to-deal-with-maternity-discrimination