Rehiring for my job on a permanent basis while I was on Mat leave

[questionsss]

I am due to return from Mat leave ( 1 year ) soon.

I've just learnt that they've rehired someone for my position and don't plan to move me or them when I return. The role this person has, is only for one person and before I left ( it was my role obviously ). This person wasn't hired as a maternity cover or anything, just a full time employee.

I fear that this might be difficult when I return, as there isn't enough work for both of us.

Is this a normal thing for my company to have done ?

Sounds like the new person is doing a better job then OP which, is causing OP to be jealous.

What a load of pants. OP built that client book, and this person took it over when she was away, and now they are keeping half the business and, from the sounds of it, the better half.

Hello O.P.

I see this as a constructive dismissal scenario.
Maternity leavers are the most protected in UK employment law.
Please phone ACAS for free conclusive advice on Monday. Helpline 0300 123 1100. They should set you straight on next steps. Don't let them get away with this, they are relying on you to just suck this up.

I would get some advice from ACAS.

Difficult situation, I know I’ll probably get slammed for this…
but what on earth are companies meant to do when someone chooses to have children and takes a year off !
super difficult for smaller companies to hire temporary cover

Yeah it's one of those things.

My company is massive though.

I second this. Pregnant then screwed are amazing for advice

Talk to ACAS who will give you proper legal advice and what you can and can't expect for free.

Doesn’t sound right… Get some advice from ‘Pregnant then screwed’ x

Maybe they are going to get rid of the other person…if she’s been there under 2 years she sadly has no rights. If that’s the case they are dicks and you should look for another job as well. Maybe just wait and see what happens.

I knew my job was being reorganized and that my maternity cover would apply for the reorganized job. HR knew I didn't really want to move location so we didn't try very hard to find me an alternative role and I got garden leave before being made redundant. (Six months at home to play with my toddler whilst being on full pay!).

Your Company has decided not to go this route and it stinks. They are clearly going to push the "enough work for two" route, especially if there is a payment by results element. You could probably file a constructive dismissal complaint but possibly looking for another job is the best option.

I would be maliciously compliant though. You need enough workspace etc to work safely so get a Health and Safety check done on your area. Is your chair right for your desk? Do you have access to equipment suitable for your needs at all times? Occupational Health are great at failing work environments 😂

Thanks for your opinions. I don't think the remedies for constructive dismissal are really even worth pursuing. I don't think I would gain much financially and it would be difficult to prove, as they're adamant there's enough space for two people. I think constructive dismissal is difficult to prove in general.

It would also just be really stressful and may not be good for my reputation.

Snidy comment there for absolutely no reason or with no proof from anything the OP has said. I can only imagine people like you must be so unhappy in their lives to pop up on public forums and stick the knife in for no reason whatsoever, just to make a stranger feel bad about themselves.

Can’t see how make your work harder and their work harder. If anything you will have half the work to do. You may be grateful for less work to do returning to work as a new parent ….. full time manic job and motherhood aren’t that great …. I would sit back and enjoy the job with a little bit less stress

Sounds like an awful job if you can’t take proper annual leave. I would find a different job

So it's a job on commission, where the company's portfolio that you used to manage has now been given to both of you, but new person has kept the bigger fish because they have been dealing with these clients in your absence and probably there are projects that need to be finished. So you are left trying to reclaim your portfolio, which might have taken ages to build or get good rapport. Is this right? If so, two options: wait for other person to look for a job, as they might feel the clients will eventually trickle back to you, or look for a job now. If you do, however, you might need to build all your customer base again and prove yourself in a new place. I would give myself a deadline, such as "wait until September, if my bonus is not x% by then, I'll move" and play the waiting game until then, see if other person goes first. Change September above for whichever month is usually busy, or for how long you could afford to continue with a reduced bonus, etc. I find that putting a deadline to how long I'm happy to cope and deal with something, makes it easier to bear in the meantime (end in sight) or make the decision to leave once reached.

@questionsss

this is bloody they can’t take your job away with no reason 26 weeks + mat leave included - this happened to me and I was furious as you should be

spk to HR? We didn’t have an HR dept so I did a lot of fighting my own corner ! Do for it though it’s your right

here’s a nice paragraph from citizens advice in the matter ….

You’ve been on maternity leave for more than 26 weeksIt’s unfair dismissal and maternity discrimination if your employer doesn’t let you return to work after maternity leave, or if they offer you a different job without a strong reason. They can’t offer you a different job if:

• your job still exists - for example if they’ve given it to someone else
• your job would still exist if you hadn’t gone on maternity leave
• the new job isn’t something you could do
• the new job has worse conditions or pay than yours did - for example if you used to work part-time, and the new job would be full-time only

''@Mrsgreen100
Difficult situation, I know I’ll probably get slammed for this…
but what on earth are companies meant to do when someone chooses to have children and takes a year off !
super difficult for smaller companies to hire temporary cover''

What is ''super difficult'' about hiring temp staff?

Organisations do that every day for various reasons...

It is actually easier to find someone for a one year contract than for just 9 months.

I have done one year contracts, including maternity covers. I would not have consider 9 or 6 months contracts.

A year gives you enough time to work on projects, achieve something tangible that you can add to your CV and talk about at interview and gain new skills/experience.

9 months is really very little time to make a difference and won't add much to your career/CV.

M assuming its a sales role or searching for building land type job with a relatively small area? If its a role with a small salary and big commission, one of you is likely to be made redundant.

Haven't RTFT.

They're getting ready to terminate your contract IMO

Same thing happened to me. The company (the biggest toy brand globally!) just wasn't interested in having first time part time mums. They did everything that possibly could to make me leave and in the end resorted to lies and bullying and ccoercing peers to join in their disgraceful behaviour

Your hindsight, best thing that could Have happened. No point in fighting it. Taking legal action invariably ends in the he employee losing out - it's why so little l gal action is taken against you employers

Giod luck

There are many people in my department with the same job title as me. They've hired someone in addition to you, not fired your reduced your hours. Maybe they are expanding, who knows but I'm not sure you have any say on who they hire.