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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To think I've been demoted after mat leave?

20 replies

Demoted · 13/02/2019 04:39

I returned from mat leave recently to find someone else had my job and could have kept it?
I was told the work couldn't be picked up by anyone else as a manager so I'm now in the team because I got part time hours.
I have returned to find that the numbers would have allowed my hours pro rata and someone was at risk of redundancy has my job and not a full team.
Help please; do I have any recourse here? (Scotland)

OP posts:

Bamchic · 13/02/2019 04:47

Hang fire, I’m really confused but this is clearly quite distressing

Have you returned from mat leave part time to find that someone has your role part time?
Were you offered to return to the same or an equal post?

I’m really confused as to what’s happened to your job and why it’s a problem but I don’t read things well at 430 with 2 hours sleep.

But my understanding is you’ve gone back to the same job but someone else who was at rusk of redundancy covered your mat leave and then was offered a perm post but you were only allowed to come back f/t and you wanted to be p/t?

Hope you’re feeling ok? Sorry I couldn’t be more help but I figured you might just want someone to vent to.

Original poster

Demoted · 13/02/2019 05:04

Sorry I don't write well at this time haha.
Went on mat leave and someone seconded in my role.
New manager hired to cover new team.
Under the impression 2nd new manager to cover 2nd new team.
Only 1 new team.
Seconded person still doing duties with no team.
Signed offer of demotion on the basis no additional cover to pick up work of full time team.
Numbers would have allowed a part time team.
No official vacancy for person at risk.
I'm now in a team that is not full so oversubscribed on managers.
Does that make more sense?

OP posts:

Original poster

Demoted · 13/02/2019 05:04

Looking for advice please on possible recourse.

OP posts:

Warpdrive · 13/02/2019 05:13

Neither of your posts are particularly clear. If you were a f/t manager before your mat leave, you have a right to come back into the same role when you return.
However, it looks like you have returned p/t and as a result you have been placed in the team, as opposed to managing the team.
Is that right?
If so, that ought to have been made clear during your discussions about wanting to return p/t.

OwlBeThere · 13/02/2019 05:18

i'm still confused sorry.

Original poster

Demoted · 13/02/2019 05:19

Yes you're right. Was f/t and returning p/t. The rationale given for new role was there wasn't sufficient cover for my f/t role. I have returned to find this is not the case and there is plenty of scope for me to have a p/t team with less bodies.

OP posts:

flumpybear · 13/02/2019 05:26

You'll probably need to speak to HR.

We're you off longer than 6 months ?

Has your pay gone down (if you were still full time, pro rata pay)

Does anyone elsewhere in the company do the same type of role as your old job on a part time basis?

I think that you can be put back elsewhere in the company If you're off longer than 6 months but I'm sure they cannot demote you, but check with HR first.

Warpdrive · 13/02/2019 05:33

There was a business need for them to have a f/t worker in your job, so they are allowed to have refused your request to return to that job as p/t. You did ask for p/t so it looks as though they have accommodated this by giving you a different job which you accepted.
You believe the company should have restructured their teams to allow you to return p/t, but with a similar job as your old one. I’m not sure your rights extend that far.

Original poster

Demoted · 13/02/2019 05:33

Thanks guys.
I was off for a year. They offered another manager job on slightly different hours but a grade less also in another department. I have kept my pay pro rata as this was in scope but have lost some holiday entitlement and potential for 50% less bonus.

OP posts:

Original poster

Demoted · 13/02/2019 05:37

I appreciate what you're saying. The teams have been restructured to accommodate the new manager (and often have a small reshuffle). I'm not thinking that I have the right to all the terms I request; however; it seems this has all been done for the new manager that the vacancy wasn't available for and the very reason I accepted the offer does not stand up.

OP posts:

HedgePlastic · 13/02/2019 06:13

Your writing would benefit from the inclusion of articles (a, the) and pronouns (I, they). Your posts are extremely unclear.

Soontobe60 · 13/02/2019 06:13

If you're working less hours, it will affect your holiday and bonus pay. E.g., if you dropped 2 days, so going down to .6, your holiday entitlement will also drop to .6 of what it was previously. So if you had 30 days full time, you'll be entitled to 18 days now.

Santaclarita · 13/02/2019 06:15

Your posts are not clear at all. They make no sense. But if you have literally signed a contract already accepting this new job, there's nothing anyone can do. You've signed, it's done.

Original poster

Demoted · 13/02/2019 06:17

I understand the pro rata entitlement. The holiday allowance is less for the new grade and potential bonus earnings are less for the new grade.

OP posts:

showgirl · 13/02/2019 06:22

Pretty sure if you have more than 9 mths off then you don't necessarily get your own job back but something similar on same pay? If in order to accommodate your part time hours they have had to change your role but you still get the same pay I am not sure there would be any recourse over this. Annual leave should be pro rata as well so will be less. Bonus would also be on a pro rata basis.

JaesseJexaMaipru · 13/02/2019 06:29

Sorry if I have misunderstood, it's not quite clear yet.

You have an absolute right to return to your exact role you had before maternity leave IF you return before the 39th week of maternity leave. This only applies if you are willing and able to do it on the same terms, same hours etc.

If you return from maternity leave after more than 39 weeks of leave you do not have the right to exactly the same role. You have the right to be given a role of broadly similar scope and seniority, with no reduction in pay - again so long as you are able to accept the role on the same terms, same hours etc.

If you want to return on different terms -flexible or reduced hours etc - then they are not obliged to accommodate that request if it doesn't fit with business needs, and there is no obligation to keep you in a role of the same scope and seniority in this case - ie demotion is perfectly legal.

It sucks but unless I have misunderstood your position I don't think they have done anything illegal.

Original poster

Demoted · 13/02/2019 06:40

Thanks Jaesse. That's what I was looking to find out

OP posts:

NorthernBirdAtHeart · 13/02/2019 06:42

@jaesse is right. If you take over 39 weeks maternity, their obligation is to hold open a similar role at the same level and pay, not your exact job.

From what you have said, (I think), the business needs a manager to manage the entire team and have decided this cannot be done in part time hours, which I think is fair enough.

Didn’t they make you aware of that before you went through on mat leave (did you do any research before you left the co?).

Crappy I know but they haven’t done anything wrong as far as I’m aware.

Original poster

Demoted · 13/02/2019 17:34

Yes. I was happy with the business decision and accepted it. However on my return the new manager has less in the team due to staffing numbers. I would have been able to manage the smaller team size on reduced hours. Guess I'll just suck it up.
Thanks all for your replies

OP posts:

TedAndLola · 13/02/2019 18:15

I don't think you're being realistic about your ability to manage the team. That kind of role just doesn't work with part time hours, small team or large. You need to be there five days a week to do it effectively.

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